oa Comparative and International Law Journal of Southern Africa - International attempts at cooperation and harmonisation in the field of trade mark law
|Article Title||International attempts at cooperation and harmonisation in the field of trade mark law|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of the Witwatersrand|
|Publication Date||Mar 1992|
|Pages||1 - 19|
|Keyword(s)||Bangui Agreement, Draft Trade Marks Bill, European Economic Community Trade Mark Regulation, Intellectual property, International Classification of the Figurative Elements of Marks, International Convention for the Protection of Industrial Property, International conventions, International trade, Nice Agreement of 1957 on Classification, Pan-American Convention, Paris Convention, South African legislation, Trade mark law, Trade mark registration, Trade Mark Registration Treaty, Trade marks and Trade Marks Act|
A comparison between the aims and values which underlie, respectively, the International Convention and the draft Community Trade Mark Regulation, reveals the fundamental change in emphasis which has occurred over the last century in the field of international protection of trade mark rights. The essentially negative concern with preventing discrimination by one country against the nationals of another has gradually given way to the positive objective of harmonising the trade mark systems of different states. The Madrid Arrangements and the Trademark Registration Treaty evidence the drive towards harmony at the procedural level, while the Community Trade Mark Regulation goes further, by making available the acquisition of substantive trade mark rights on a uniform basis in a number of countries. Would it be fanciful at this stage to contemplate the possibility of a "world trade mark" that knows no national boundaries? Perhaps it would. As far as South Africa is concerned, membership of the International Convention is probably adequate to meet its present needs.
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