Trademark Law

Band 1: Markengesetz und Markenrecht ausgewählter ausländischer StaatenBand 1: Markengesetz und Markenrecht ausgewählter ausländischer Staaten
("Volume 1: Trademark Act and Trademark Law of certain foreign countries")

Heidelberger Kommentar zum Markenrecht
("Heidelberg Commentary on Trademark Law”)

Edited by
Prof. Dr. Friedrich L. Ekey, lawyer and lecturer at Rheinische Fachhochschule Köln (editor)
Prof. Dr. Diethelm Klippel (editor)
Achim Bender, chief judge at BPatG (editor)

Dr. Ulrich Bous, solicitor
Dr. Jens Eisfeld, LL.M.
Prof. Dr. Friedrich L. Ekey, lawyer
Dr. Georg Fuchs-Wissemann, chief judge at BPatG
Cornelie von Gierke, lawyer at BGH (Federal Court of Justice)
Joachim von Hellfeld, judge at OLG (Higher Regional Court)
Manuel Jansen, lawyer
Prof. Dr. Diethelm Klippel
Franziska Kramer, lawyer, Maitrise en droit civil
Prof. Dr. Louis Pahlow
Dr. Frank Seiler, lawyer
Dr. Birgit Wüst, lawyer

2nd revised edition 2009
XXII, 1.800 pages, hardcover
ISBN 978-3-8114-5205-3

Find information about the book by the publishing firm H.J.R./C.F. Müller here.

Information about the book

The new edition of volume 1 of the "Commentary on Trademark Law” contains explanations about the Trademark Act and trademark law of a selection of foreign countries. A commentary on the community trademark regulation will follow in 2009 in volume 2.

Changes through the law concerning the "improvement of the enforcement of rights of intellectual property” (in force since 1st September 2008), have already been taken into consideration. This law mainly serves the realisation of the EU enforcement guidelines.

The explanations start with a short overview of the history of trademark law and its incorporation into the legal order. The commentary on trademark law is well structured and offers a good overview of legal practice. Also the influence of European law and the relation of trademark law to the legislation of trademark protection through the TRIPS-treaty are explained thoroughly.

The second chapter gives an overview of the trademark law in the most important member countries of the European Union which had to realise the guidelines for trademark laws in the same way as Germany did. Trademark law guidelines in India, Switzerland, the USA, Croatia, Norway, Turkey and China are explained as well. Additionally, Chinese domain law is discussed.

The additional wording of the law with the European index of protected designations of origin and protected geographical indications as well as an index of cases with identification of sources in the appendix are of practical use for the reader.

Press commentaries:

  • "With its German Trademark Law and the Community Trademark Regulation in one book, the Heidelberg Commentary exceeds other works by far”
    Solicitor Michael Schinagl in: 12/2005
  • "… it is to be emphasised that, in this book, the commentary on CTMR by Bender and von Kapff in its completeness and minuteness represents an unprecedented source of information concerning the legal practice of community trademark law…”
    Professor Dr. Annette Kur, research assistant at the MPI Munich, in: GRUR Internationaler Teil 8-9/2003
  • "a masterly achievement, which, in any case, has deserved a wide range of readers and will get it too."
    Professor Dr. Thomas Hoeren, Münster, in: MMR 9/2003
  • "The Heidelberg Commentary provides information for many areas of the German Trademark Law. It should be used even by trademark law specialists."
    Dr. Helmut Eichmann / Dr. Maximilian Kinkeldey, lawyers, in: GRUR 9/2003
  • "All in all, the new Heidelberg Commentary represents a considerable enrichment for the trademark law practitioner; it not only offers quick help for orientation and decisions for daily work, but it is also a crucial basis for staying up-to-date with the lively development of community trademark law."
    Solicitor Holger Grauel in: Markenartikel 3/2003
  • "You don’t need to be a prophet to predict that this work will become the standard commentary on trademark law."
    Professor Dr. Joachim Gruber D.E.A. in: Berliner Anwaltsblatt 4/2003

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