Comparative analysis of refusal of trade mark registration on moral and public policy grounds in Japan and the United Kingdom

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Szarkiszjan, M, 2024. Comparative analysis of refusal of trade mark registration on moral and public policy grounds in Japan and the United Kingdom. PhD, Nottingham Trent University.

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Abstract

This thesis is a comparative, jurisprudential work, dedicated to the exposition and comparative analysis of the trade mark regimes of the United Kingdom and Japan, in the context of the Absolute and Public Policy grounds for refusal to register a trade mark.

Based on the comparative and legal-theoretical analysis, the author has found that there are numerous points of legal convergence and divergence between the two jurisdictions. However, there are considerable differences in the pattern of divergence and convergence in terms of the cause and reason behind instances of convergence or divergence.

Much of the divergence is in the area of the protection of unregistered marks, whereas there is considerable convergence in the protection of registered trade marks. The divergence in the area of unregistered marks, however, is proportionately less significant. The protection for unregistered marks account for the exception to the rule, and because of the inexpensive nature of trade mark registration and the availability of trade marks, the divergence is less prominent overall.

There is a common and pervasive notion in the historic scholarship about the Japanese disposition, especially towards litigation and conciliation. Japanese people are incorrectly portrayed as litigation-averse. The true cause of the suppressed litigation rates in Japan is availability, including due to the pre-war suppression of the legal profession and judicial activity.

Finally, the World Intellectual Property Organization and the Agreement on Trade-Related Aspects of Intellectual Property Rights are responsible for a harmonising effect in the area of trade mark law. The trade mark regimes of the UK and Japan are thus harmonised, to some extent. However, these factors cannot account for the entirety of the harmonisation, as the contemporary reified, registration-based model had existed in Japan and the UK prior to the inception of WIPO or the TRIPS agreement.

Item Type:	Thesis
Creators:	Szarkiszjan, M.
Contributors:	Name Role NTU ID ORCID Denoncourt, J. Thesis supervisor ALS3DENONJ https://orcid.org/0000-0003-2176-8935 Ferris, G. Thesis supervisor ALS3FERRIGJ https://orcid.org/0000-0003-0574-1978
Date:	June 2024
Rights:	The copyright in this work is held by the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the author.
Divisions:	Schools > Nottingham Law School
Record created by:	Melissa Cornwell
Date Added:	31 Jan 2025 10:32
Last Modified:	31 Jan 2025 10:32
URI:	https://irep.ntu.ac.uk/id/eprint/52949