Ruth Okediji makes an argument that we need to resist and avoid consenting and legitimising a system of command and control in IP. Okediji’s starting point is that the essence of the fourth wave of IP geopolitical change is not about harmonisation: it’s about fundamentally de-anchoring IP from the public interest. It’s about a unilateral[…]
Mark Davison, as part of the ACIPA IP seminar series considers the normative and legal arguments against regulations which require the plain packaging of cigarettes.
Liveblogged from Drake IP Roundtable 2013. Sean Morris has been thinking about beers. Is he locked in to Anheuser-Busch as a brand? Morris argues that trademarks are a source of market power. Market power is demonstrated by three factors: (a) the relevant market; (b) market shares; and (c) abuse of market power. In Siegel v[…]
Martin Senftleben presents on the normative implication of a study conducted for WIPO trying to map the public domain in trademark. He sees this as a project on public domain mainstreaming – considering the public domain within WIPO’s normative processes. Trademark law is not directly contributing to the public domain because there is no time[…]