The Protection of Non-Traditional Trade Marks Critical Perspectives

by Calboli, Irene; Senftleben, Martin

• ISBN13: 9780191865503
• ISBN10: 0191865508
• Format: eBook
• Copyright: 2019-02-19
• Publisher: Oxford University Press

Author Biography

Irene Calboli, Professor, Texas A&M University School of Law, and Martin Senftleben, Professor, Vrije Universiteit Amsterdam

Irene Calboli is Professor of Law at Texas A&M University School of Law, and Transatlantic Technology Law Forum Fellow at Stanford Law School. She has been a visiting professor and scholar in academic institutions world-wide. Most recently, she was Visiting Professor, Lee Kong Chian Fellow, and the Founding Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia, a Centre that she headed from 2015 until 2017, at Singapore Management University School of Law. An elected member of the American Law Institute and associate member of the Singapore Academy of Law, she currently serves, inter alia, as member of the Council of the International Law Association (Singapore Branch), Chair of the Art Law Section of the Association of American Law Schools, and member of the Legislation and Regulation Committee of the International Trademark Association.

Martin Senftleben is Professor of Intellectual Property, Centre for Law and Internet, Vrije Universiteit Amsterdam, and Of Counsel, Bird & Bird, with admission to the bar in The Hague and D?sseldorf. Besides intellectual property courses at his own university, he regularly teaches at the Centre for International Intellectual Property Studies (CEIPI), Strasbourg, the EBS University of Business and Law, Wiesbaden, the HANKEN School of Economics, Helsinki, the Munich Intellectual Property Law Center (MIPLC) and the Universities of Vienna and Catania. Professor Senftleben is a member of the Executive Committee of the Association litt?raire et artistique internationale (ALAI) and the International Association for the Advancement of Teaching and Research in Intellectual Property Law (ATRIP).

Table of Contents

Part I: Taking Stock - Legislative Framework and Practical Implications
1. Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties, Denis Croze
2. Non-Traditional Marks: An Empirical Study, Mitchell Adams and Amanda Scordamaglia
3. Non-Traditional Marks and Classification Traditions, Dev Gangjee
4. What Should Constitute Infringement of a Non-Traditional Mark?, Michael Handler
5. Keeping Indistinctive and Descriptive Shapes Free - The Broadened Limitation of Protection in the European Union, Annette Kur
Part II: Assessing the Legislative Framework - Unresolved Challenges
6. Should Trademark Laws Protect Non-Traditional Marks as Marketing Practices?, Deven Desai
7. Special Restrictions on Registration of Product Shape Marks - A Breach of International Law?, Ng-Loy Wee Loon
8. Designing a Stricter Distinctiveness Requirement for Non-Traditional Marks under the Current Legislative Framework(s), Irene Calboli
9. Aesthetic Functionality, Acquired Distinctiveness and Non-Traditional Marks, Graeme Dinwoodie
10. The Vexing Problem of Aesthetic Functionality in Non-Traditional Marks, Justin Hughes
Part III: Assessing the Impact on Freedom of Competition - Innovation Concerns
11. Non-Traditional Marks as Eternal Monopolies on Product Features?, Gustavo Ghidini
12. Trade Dress Protection: The Error Costs of Making an Exception the Rule, J. Glynn Lunney
13. Assessing the Impact of Registering Non-Traditional Marks: A Competition Law Analysis, Lavinia Brancusi
14. Non-Traditional Marks on Pharmaceutical Products: Non-Traditional Barriers to Access to Medicine?, Arul Scaria
15. The Economics and Management of Non-Traditional Marks, Carolina Castaldi
Part IV: Assessing the Impact on Freedom of Expression - Social and Cultural Concerns
16. Non-Traditional Marks and Inherently Valuable Expression, Lisa Ramsey
17. The Corrosive Effect of Non-Traditional Marks on Cultural Follow-On Innovation, Martin Senftleben
18. The Impact of Non-Traditional Marks on Access to Aesthetic Styles and Symbols, Haochen Sun