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Ordinary trademarks promise consistent quality. This promise is the quid pro quo for the trademark proprietor’s right to control the goodwill symbolized by the mark. Subject to external regulatory controls (safety standards, truth in labeling laws, etc.), it is largely up to the trademark proprietor to set its own standards. If a firm wants to attach its brand to a chocolate product containing low levels of cocoa butter, that is its prerogative.1 It will be motivated to do so if consumers signal their approval with purchases. In these days of incessant licensing of trademarks, consumer confidence is grounded as much in the ability of trademark proprietors to control quality as in any obligation imposed on trademark proprietors to exercise quality control.2 In theory, consumer responses will provide the necessary incentive for trademark proprietors to police supply chains and licensees, so as to ensure that products and services bearing the mark live up to the relevant standards. In other words, insofar as trademark law is concerned, market responses largely dictate the level of trademark proprietors’ investment in standards, not external controls.
This collection of essays, by leading scholars and practitioners from a range of countries, pays homage to a pre-eminent figure in the field of intellectual property: Sam Ricketson. Inspired by the breadth of Ricketson’s work, the contributions explore issues from a perspective that looks across the field – in particular, across the regimes, jurisdictions, disciplines and professions of IP. Topics explored across the regimes include the nature of IP subject matter, overlaps in protection, historical connections between copyright and patents and the transplantation of civil law moral rights to common law copyright. In across jurisdictions, chapters address, inter alia, the application of private international law to cross-border IP disputes, the Berne Convention and AI-authored works, how countries might exit the Berne Convention and dispute settlement under TRIPS. The intersection of copyright and privacy laws, the relationship between privacy, personality and trade mark laws, the teaching of IP and human rights and the conduct of empirical and historical research in IP are among the matters considered across disciplines. Contributions across professions include the participation of scholars in IP policy making, the IP textbook in legal practice, and the role of expert evidence in IP litigation.
The relationship between human rights and intellectual property has attracted the attention of policy makers, international agencies, scholars, and activists. Courses exploring the connections between the two areas of law are also finding their way into law school curricula. Drawing on the author’s experience teaching and designing the syllabus for a very early courses in this field, this chapter explores how courses exploring the IP/human rights interface can enrich law students’ understanding of both areas.
Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.