Queen Mary Journal of Intellectual Property

Editorial

Professor Johanna Gibson * and Lord Hoffmann *

Full Text

With this, the second issue, the story of QMJIP begins in earnest, the story of three ghosts and a reader, with contributions in this issue providing spectres of the past, revelations of the present and hauntings of possible futures.

Shubha Ghosh looks to the past and examines the development of the Indian film industry and the role that copyright has played in its evolution and growth, set against the contrasts of the regulation of the film industry. Ghosh leaves us with a provocation, suggesting that the British Raj gave more freedom to tailor copyright to address local issues than that provided under the modern free trade regime of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Christopher Wadlow ushers in the second ghost, presenting us with the own name defence in passing off which, as he shows by his robust and clear-sighted engagement with the recent decisions of the courts on this matter, has possibly become so tired and lifeless that it can be reduced to insignificance. Yet he offers us an alternative future, if we invigorate the present through human rights and, in particular, the dignity of the individual.

In his piece which looks to the future, Spyros Maniatis examines and reviews the report on European trade mark law, conducted by the Max Planck Institute for Intellectual Property and Competition Law. Maniatis highlights the report's pragmatic assessment of the present European law and its desire to bring trade mark law back to its origins – or more precisely its origin function. Whether the report will form part of the future of European trade mark law or simply represent a reflective milestone in a long history of development in the field is yet to be seen.

And on a somewhat more personal nature for the consultant editors, this issue also includes a transcript of Johanna Gibson's inaugural professorial lecture, ably and generously chaired by her co-consultant editor, Lord Hoffmann. It is both a tribute to the epic that is intellectual property, and to the intellectual community enriched by colleagues and students of intellectual property, and indeed by that community's ongoing support and contributions for this journal.

So now let them tell you their stories.

Affiliations

Professor Johanna Gibson - Herchel Smith Professor of Intellectual Property Law, Queen Mary University of London

Lord Hoffmann - Honorary Professor of Intellectual Property Law, Queen Mary University of London