Hardback
Founding a Global Human Rights Culture for Trade Marks
This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
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Critical Acclaim
Contents
More Information
This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.
Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.
The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.
Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.
Critical Acclaim
‘This important book explains how governments can do a better job incorporating human rights concerns into trademark law. It proposes a useful analytical framework for measuring whether trademark legislation and enforcement adequately protects rights to property, health, free expression, and other economic, social, and cultural rights.’
– Lisa P. Ramsey, University of San Diego, US
‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’
– Christophe Geiger, Luiss Guido Carli University, Italy
‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr. Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’
– Sam Ricketson, Professor Emeritus, Melbourne Law School, Australia
– Lisa P. Ramsey, University of San Diego, US
‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’
– Christophe Geiger, Luiss Guido Carli University, Italy
‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr. Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’
– Sam Ricketson, Professor Emeritus, Melbourne Law School, Australia
Contents
Contents: PART I EXISTING CONCEPTIONS OF TRADE MARKS AND HUMAN RIGHTS AND A FRAMEWORK FOR CHANGE 1 The need for increased awareness of human rights implications for trade marks 2 Conceptualising trade marks and human rights: the case for recognising all human rights PART II GLOBAL CASE STUDIES: ASSESSING HUMAN RIGHTS IMPLICATIONS OF DOMESTIC TRADE MARK LAWS 3 Tobacco plain packaging case study: Australia and Uruguay 4 Contrary marks case study: the United States and the European Union 5 Anti-counterfeiting legislation case study: Kenya and Australia PART III BUILDING A HUMAN RIGHTS CULTURE FOR TRADE MARKS 6 Innovating trade mark enforcement approaches in a human rights culture 7 Founding a global human rights culture for trade marks: planning for success Index
