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Certification and Collective Marks

Law and Practice

Jeffrey Belson

Certification and Collective Marks is a thoroughly updated and augmented edition of Certification Marks, first published in 2002. This comprehensive study forms a wide-ranging inquiry, with comparisons of the certification and collective mark systems of the UK, EU and US, whilst also referring to other systems. In addition to the laws and policies impacting ownership and use of these marks, also addressed are their historical development, registration and protection, certifiers’ liability, legal and commercial significance, use in regulatory and technical standardization frameworks, and emergent sui generis forms of certification, namely ecolabels and electronic authentication marks in digital content. This publication is especially timely in light of the advent of the EU certification mark and the controversial EU proposals to extend the Geographical Indications system to include non-agri-food products.
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Chapter 8: AUTHENTICATION MARKING OF DIGITAL PRODUCTS

Jeffrey Belson

Extract

This chapter puts forward the proposition that a legally protectable ‘authentication mark’ is associable with digital products. The proposition builds on the notion that an authentic digital product is one reproduced or distributed with legitimate authority or approval. The digital watermarks and digital signatures currently used in digital products are, it is suggested, forms of authentication marks. They are a means of authenticating digital content through embedded ownership and other data, which can be used to detect and prevent unauthorized reproduction and distribution. Thus they constitute a turn away from human sensate marks to machine sensate marks as a basis for bipolar distinction, insofar as they distinguish lawfully produced digital content from unauthorized or infringing copies. Key words: digital product; authentication mark,

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