Ruth Okediji: IP rights and the African innovation paradox (Global Congress 2013, Cape Town)

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[…]

Drake IP 2013: Sean Morrris, “Trademarks as sources of market power”

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[…]

Drake IP 2013: Martin Senftleben, “Trademark law and the public domain”

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[…]