European norms in transit: trade mark norms, TTIP uncertainties and the relevance of TPP.
Previous research has demonstrated that EU trade mark norms found their way into New Zealand law through the World Trade Organisation agreement on Trade-Related Aspects of Intellectual Property Rights (WTO TRIPS). This paper will give a brief résumé of that research and outline the current enquiry-w...
| Published in: | Asia Europe Journal Vol. 13; no. 3; pp. 323 - 331 |
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| Format: | Article |
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Springer Nature
Sep2015
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=108931969&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 108931969 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 16102932 V96 jtl: Asia Europe Journal issn: 16102932 maglogo: N pubinfo: dt: Sep2015 vid: 13 iid: 3 pid: 237 pub: Springer Nature artinfo: ui: 108931969 10.1007/s10308-015-0418-x ppf: 323 ppct: 8 formats: fmt: @attributes: type: P size: 142KB tig: atl: European norms in transit: trade mark norms, TTIP uncertainties and the relevance of TPP. aug: au: Firth, Alison affil: Newcastle Law School, Newcastle University, Newcastle upon Tyne UK su: New Zealand European Union World Trade Organization Intellectual property Community trade marks Trans-Pacific Partnership sug: subj: Intellectual property New Zealand European Union World Trade Organization Community trade marks Trans-Pacific Partnership ab: Previous research has demonstrated that EU trade mark norms found their way into New Zealand law through the World Trade Organisation agreement on Trade-Related Aspects of Intellectual Property Rights (WTO TRIPS). This paper will give a brief résumé of that research and outline the current enquiry-whether these and related norms are likely to be re-transmitted, in identical or modified form. This could occur via the draft intellectual property chapter of the proposed Trans-Pacific Partnership (TPP) agreement. While this was under discussion, the EU and USA were negotiating a Trans-Atlantic Trade and Investment Partnership (TTIP) agreement. Although geographical indications (GIs, protected under trade mark law in the USA) have been a hot topic in TTIP negotiations, there is scant information on any possible chapter on GIs, trade marks and other forms of intellectual property in TTIP. However, US Trade Representative and TTIP negotiator Michael Froman has spoken admiringly of the intellectual property provisions in the draft TPP. If an intellectual property chapter were introduced into TTIP, it seems likely that TPP text would be adopted or adapted, bringing norms full circle back to the EU. In considering this possibility, it is suggested that the biological analogy of viral transfer of genetic code may be even more apt than that of transplants to illuminate the process of re-transmission of adopted or adapted legal norms through the medium of international treaties. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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