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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 6: Branding the land: creating global meanings for local characteristics

Doris Estelle Long

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


Despite the power of global brands to dominate the market, local brands remain strong competitors, particularly when the goods reflect local tastes and culture. ìBranding the landî strategies that use geographic designators to promote locally produced goods, provide useful tools for expanding their market. In the era of ìlong tailî economics, where such goods have a perceived uniqueness based on qualities or characteristics derived from the local environment (terroir) or from the use of traditional production techniques (handicrafts), ìbranding the landî can help secure a potentially sustainable domestic industry. But achieving success in such efforts requires more than stamping local goods with a ìgeographic designator.î To the contrary, efforts to create successful niche markets may be undermined by the evolving nature of the territorial relationship between ìgeographic designatorsî and the wide range of products sought to be brought under their imprimatur. Assuring that goods maintain the special territorially centered features that assure their uniqueness in the marketplace, while simultaneously conveying meaningful information to consumers about such features requires more than the simple addition of a geographical indication,appellation of origin, certification mark, collective mark, or other trademark that contains a geographic reference to the territorial origin of the associated goods.

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