The Criteria to Qualify a Geographical Term as Generic: Are We Moving from a European to a US Perspective?
Authors: de Almeida, A.R. and Carls, S.
Journal: IIC International Review of Intellectual Property and Competition Law
Volume: 52
Issue: 4
Pages: 444-467
eISSN: 2195-0237
ISSN: 0018-9855
DOI: 10.1007/s40319-021-01045-x
Abstract:This article discusses the transformation of a distinctive trade sign into a generic term. Any distinctive trade sign carries this risk, primarily if it benefits from a high level of reputation or prestige, and the product identified is unique in the market. This is probably the most critical danger for such signs, especially if they are industrial property rights. Several criteria have been developed to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has taken a position in this matter, as have the European Union Regulations on trademarks and geographical indications. However, the bilateral and multilateral agreements are the critical arena for conflicts concerning geographical terms’ qualification as common terms. The European Union (EU) and the United States (US) have been in the spotlight for a long time, while China is also reaching a prominent place in this dispute. The most recent bilateral agreements have been twisting the criteria applied when assessing a geographical term’s genericness.
https://eprints.bournemouth.ac.uk/37162/
Source: Scopus
The Criteria to Qualify a Geographical Term as Generic: Are We Moving from a European to a US Perspective?
Authors: de Almeida, A.R. and Carls, S.
Journal: IIC-INTERNATIONAL REVIEW OF INTELLECTUAL PROPERTY AND COMPETITION LAW
Volume: 52
Issue: 4
Pages: 444-467
eISSN: 2195-0237
ISSN: 0018-9855
DOI: 10.1007/s40319-021-01045-x
https://eprints.bournemouth.ac.uk/37162/
Source: Web of Science (Lite)
The criteria to qualify a geographical term as generic: Are we moving from a European to a US perspective?
Authors: de Almeida, A.R. and Carls, S.
Journal: IIC International Review of Intellectual Property and Competition Law
Volume: 52
Issue: 4
Pages: 444-467
ISSN: 0018-9855
Abstract:This article discusses the transformation of a distinctive trade sign into a generic term. Any distinctive trade sign carries this risk, primarily if it benefits from a high level of reputation or prestige, and the product identified is unique in the market. This is probably the most critical danger for such signs, especially if they are industrial property rights. Several criteria have been developed to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has taken a position in this matter, as have the European Union Regulations on trademarks and geographical indications. However, the bilateral and multilateral agreements are the critical arena for conflicts concerning geographical terms’ qualification as common terms. The European Union (EU) and the United States (US) have been in the spotlight for a long time, while China is also reaching a prominent place in this dispute. The most recent bilateral agreements have been twisting the criteria applied when assessing a geographical term’s genericness.
https://eprints.bournemouth.ac.uk/37162/
Source: BURO EPrints