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GAZETTE
SEPTEMBER 1990
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
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
C OMP A NY
SECRE T AR I AL
CONS U L T ANT
PETER H. QUINLAN
MBA, AITA
OFFERS
A
COMPLETE
COMPANY SERVICE
Advice on Corporate Procedures
Drafting of Resolutions and Minutes
Arrangement of Company Meetings
Searches and Updates of
Company Records
Filing Returns and Other Compliance
67 LANSDOWNE ROAD
DUBL IN 4
Tel.: (01) 684245
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
295