THE CRITERIA & THE EFFECTS OF DETERMINING THE PLACE OF TRADE MARK INFRINGEMENT IN CYBERSPACE | ||
| مطالعات حقوق خصوصی | ||
| Article 2, Volume 40, Issue 2, July 2011 PDF (234.16 K) | ||
| Author | ||
| Hamid Reza Aslani | ||
| Abstract | ||
| The use of Trade Marks in e-Commerce causes challenge between "Territoriality of Trade Mark rights" principle and "Global Nature of Internet". It is our aim to find some solution to prevent sacrificing one for another. Prohibition of all kinds of using a trade mark with the allegation of being some opponent right in a special country leads to preference of Territoriality of Trade Mark rights principle to Global Nature of Internet. So any Prohibition is limited to the place in which the right exists. Determining such a place is a hard job because internet is borderless. At the same time issuing some award from a court in the country of origin to a trade mark should not result in prohibition of using the mark on the net at all because this means negation of Territoriality of such right. | ||
| Keywords | ||
| Cyberspace.; E-commerce; Place of Infringement; Trade Mark; Trade Mark Infringement | ||
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