The Gazette 1990

GAZETTE

SEPTEMBER 1990

overview for practitioners having to advise clients on how to enforce their clients' trade mark rights in the countries covered. Incidentally, protection in the Netherlands arises under the uniform Benelux Trade Mark Act so that the scope of pro- tection enjoyed by trade marks throughout the Benelux is of a more or less uniform character. The chapter on the United King- dom is a particularly useful summary of the types of relief available to trade mark owners whose rights have been infringed or have otherwise suffered from third party passing-off. Apart from the normal forms of injunction, the author, William Richards, Solicitor, has a useful summary of Mareva orders, Anton Piller orders and the more recent type known as Bayer orders. Nicholas McFarlane in his contribution gives a more detailed explanation of the latter type of order. For the common lawyer the chapters dealing with France, Germany and Spain empahsise that Courts in these countreis are organised on the basis of territorial jurisdiction. Generally speaking, the Court having jurisdiction in trade mark infringement matters is the Court of the place of business of the infringer: though, as Michael Schaeffer points out, insofar as Germany is concerned, in most trade mark infringement cases in that country it is possible to select a Court better qualified to hear such actions at least to the extent of selecting a jurisdiction where an infringement is imminent. Another interesting aspect of the enforcement of trademark rights within Europe is the extent towhich the criminal law is being utilised to prevent the more blatant forms of trade mark infringement. Indeed the recent United Kingdom Copy- right, Designs and Patent Act, 1988 now contains provisions making certain more blatant types of trade mark infringement a criminal offence. Taken together the six books so far published in this series serve as a very useful summary of themore important aspects of trade mark law within the Community. Copies of all six books are available from Florent Gevers, Secretary General, European Communities TradeMark Practitioners Association, St. Pietersvliet 7, 6th Floor, B-2000 Antwerp, Belgium. Martin Tierney

students as it is an easily readable and accessible book, full of ex- cellent sources which can be further studied in depth if necessary. From a practitioners point of view, the publication is different from other types of tax books, such as Tolly's Tax Cases (which gives facts and decisions) and although it would be a useful addition to the tax library, any of the theories and philosophies will have little use in practice. Brian A. Bohan PRACTICAL APPROACHES TO ENFORCING TRADEMARK RIGHTS IN THE EUROPEAN COMMUN I T I ES Published by European Communities Trade Mark Practitioners Association (ECTA) This booklet is the sixth of a series published by the European Com- munities Trade Mark Practitioners Association. Others in the series have been titled "Distinctiveness Requirements for Trade Marks in the EC countries", "Opposition on Basis of Non-registered Rights", "Use to Maintain Rights in EC countries", "License, Assign, but don't endanger your Trade Mark" and "The Community Trade Mark". Each publication results, in effect, from the proceedings of the annual conferences organised by ECTA, the most recent having been held in Dublin last May. The book under review results from the proceedings of the London conference in May 1989. Pending the introduction of the Community Trade Mark, trade mark protection within the Community remains firmly based upon national law. Hence the book deals with some of the major jurisdictions such as the United Kingdom, West Germany, France, Spain and the Netherlands. Trade mark protection in all of these countries, with theexception of the United Kingdom, derives exclusively from statute law and unregistered rights enjoy no pro- tection at common law. In Ireland and the United Kingdom additional protection is of course afforded at common law by means of the common law action for passing-off. The national surveys covered in the book constitute a very valuable

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T HE LAW REFORM COMM I S S I ON: Eleventh Report (1989) Dublin. The Law Reform Commission, 1990.

The Law Reform Commission has published its eleventh report. Over the years, the reform of our laws has prompted many legal scholars to take various Governments to task for their tardiness. LawReform has also provoked writers to use stirring words. One such example is the speech delivered to Parliament by Lord Brougham a century and a half ago. Lord Brougham spoke in support of a motion that an address be presented to the King petitioning that "a commission be established to inquire into the defects, occasioned by time and other- wise in the laws . . . as administered in the courts of law, and the remedies which may be expedient for the same." Lord Brougham concluded: "It was the boast of Augustus that he found Rome of brick and left it of marble, but how much nobler will be our sovereign's boast, when he shall have it to

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