Table of Contents

Trademark Protection and Territoriality Challenges in a Global Economy

Trademark Protection and Territoriality Challenges in a Global Economy

Elgar Intellectual Property and Global Development series

Edited by Irene Calboli and Edward Lee

As the modern business world becomes increasingly decentralized and globally focused, traditional interpretations and applications of trademark protection law are facing greater and greater challenges. This is particularly true regarding the principle of trademark territoriality, which holds that trademark rights are bound by the laws of individual nations. This timely volume offers expert analyses of the challenges facing crucial aspects of trademark law from some of the most prominent scholars in the field.

Chapter 5: Marks and more(s): certification in global value chains

Margaret Chon

Subjects: law - academic, intellectual property law, international economic law, trade law

Extract

Ever since the Lanham Act was enacted in 1946, and especially since the World Trade Organization (WTO) came into existence in 1995, private standard-setting has increasingly interconnected with public regulation, to form a dense network some call global governance. Increasingly as well, trademarks, service marks, collective marks, and certification marks (CMs) (collectively, marks)denote specific standards such as fair trade. In this context, trademark and unfair competition law (collectively, trademark law) can and already does mediate among various stakeholders and standards in the global marketplace. However, the territorially constrained nature of trademark law limits its effective signaling functioning within global frameworks. This chapter considers the need for a more developed account of the trust function of marks for consumers in light of these regulatory trends.Trademark law, typically territorial in its reach, is nonetheless part of a greater global regulatory regime.

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