WEDNESDAY, 27 MAY 2009
Irish trade mark law: a new book is published
Trade Marks Law is the descriptive title of Glen Gibbons' newly-published book on Irish trade mark law. The author is a Barrister-at-Law and Lecturer in Law at The Honorable Society of King's Inns. This little book costs €164, so the prospective purchaser may reasonably ask: "what do I get for my money?". The answer is, quite a lot actually. According to the web-blurb,
"Trade Marks Law is a specialised book that will be of interest to practitioners, university students, solicitors and barristers practising in the area of commercial law, and the law departments of large corporations". Apart from the appended primary and subordinate Irish legislation, the contents include chapters on International Regulation, Common Law Liability, Registration, the various grounds for refusal, Infringement, Remedies & Penalties, Surrender, Revocation and Invalidity. Comparative advertising is framed within a trade mark context. Peripheral issues such as competition law are mentioned but not dealt with in depth; extraneous topics such as valuation are not dealt with at all. There is a small and not excessive degree of historical background and very little in the way of speculation All of this gives the book its orientation as a work for people whose daily work involves filing for trade mark registration, opposing the applications of others, chasing infringers and trying not be infringers themselves. The author deserves to be congratulated for his efforts.
One thing that may surprise the non-Irish reader (but not readers of the European Trade Mark Reports) is the fact that Ireland has developed quite a sizeable body of case law of its own, mainly but by no means exclusively at the Patents Office level. This effect could be emphasised in the next edition if the table of cases were to list the Irish decisions separately or mark them with an asterisk.
Bibliographic details: publisher, Oak Tree Press, Cork, Ireland. ISBN 978-1-904887-30-0. lx + 404 pages (the appendices don't start till nearly page 300). Hardback, €164. Book's website here.
Posted by: Jeremy Phillips @ 09.41
Tags: Book review, Ireland,