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“Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions
Mini Dissertation (LLM (Intellectual Property))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613569039728641 |
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| access_status_str | Open Access |
| author2 | Okorie, Chijioke |
| author_browse | Okorie, Chijioke |
| author_facet | Okorie, Chijioke |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Intellectual Property))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100726 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:13.749Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100726 “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions Okorie, Chijioke u17087962@tuks.co.za Patel, Zahra UCTD Sustainable Development Goals (SDGs) Well-known trade marks South African trade mark law International jurisdictions Trade mark dilution Intellectual property law Mini Dissertation (LLM (Intellectual Property))--University of Pretoria, 2024. The dissertation compares the extent of protection granted to well-known trade marks in South Africa with the legal frameworks of the European Union and the United States of America. Well-known trade marks hold significant value in the global marketplace, making their protection critical for safeguarding brand identity, consumer trust, and fair competition. This study addresses the lack of clear legislative definitions and criteria in South Africa, which may result in inconsistent protection for well-known marks, for example in relation to the term 'well-known' trade mark, and compares this approach with those in the European Union and the United States. The methodology employed is a comparative legal analysis, assessing statutory provisions, books, case law, articles and websites that influence trade mark protection across the three jurisdictions. The analysis reveals differences in how well-known trade marks are recognized and protected in the United States, South Africa and the European Union. While the European Union and United States have more defined criteria and consistent practices, South Africa's approach remains less clear, leading to potential legal uncertainties for trade mark owners. There is a pressing need for South Africa to refine its legal definition and criteria for well-known trade marks to align with international standards. This would enhance the predictability and effectiveness of trade mark protection in the country. The recommendations include adopting a non-exhaustive set of criteria similar to those used by the European Union and the United States, as well as considering the explicit inclusion of concepts such as dilution by blurring and tarnishment in South African law. The findings have significant implications for policymakers, legal practitioners, and trade mark owners, particularly in ensuring that South Africa's legal framework effectively protects well-known trade marks in a manner consistent with international best practices. Such reforms are essential for maintaining a more competitive and fair market environment while preventing monopolistic practices. Private Law LLM (Intellectual Property Law) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-02-11T18:15:55Z 2025-02-11T18:15:55Z 2025-05 2024-10 Dissertation * A2025 http://hdl.handle.net/2263/100726 https://repository.up.ac.za/handle/2263/51914 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Well-known trade marks South African trade mark law International jurisdictions Trade mark dilution Intellectual property law “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title | “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title_full | “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title_fullStr | “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title_full_unstemmed | “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title_short | “Well-known” as in well-known trade marks : the scope of well-known marks protection in South Africa and other jurisdictions |
| title_sort | well known as in well known trade marks the scope of well known marks protection in south africa and other jurisdictions |
| topic | UCTD Sustainable Development Goals (SDGs) Well-known trade marks South African trade mark law International jurisdictions Trade mark dilution Intellectual property law |
| url | http://hdl.handle.net/2263/100726 https://repository.up.ac.za/handle/2263/51914 |