The Legal Framework for Trademark Protection in International Treaties: An Analytical Study
摘要
This study is an analysis of international legal provisions on trademark protection. The chapter discusses in detail international treaties, including the TRIPS Agreement and the Paris Convention for the Protection of Industrial Property (PCPIO), which can be considered the most important in offering an appropriate legal mechanism for international trademark protection; it also assesses their contribution to strengthening the rights of trademark owners against infringements and legal challenges. The chapter reveals an imbalance among Member States in the use of such agreements in the way that is most beneficial to them: while some may have difficulties in enforcing trademark procedures due to weak local legislation or lesser availability of resources, others use international treaties as an effective instrument in reducing infringements and protecting consumer rights. This calls for specific recommendations to increase the effectiveness of legal protection systems.