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Intellectual Property Law

C/L/608. Critically discuss how trademarks protect traditional cultural expressions.

WORDS:
2850
DATE:
2010
PRICE:
29.99 GBP

This paper consists of an essay and plan, discussing cultural knowledge and trademark protections. Explaining the history of trademark laws in the UK and by detailing the requirements that determines whether a mark under the TMA can be registered, the paper aims to present how or if trademark protection can be used to preserve traditional knowledge. There is reference to many different case studies, Re Hallelujah TM, Jesus Jeans Case, Mickey Dees (Nightclub) TM, Phillips Electronics BV v Remington Consumer Products, Froot Loops, Re Jeryl Lynn Trademark, Dualit Trade Mark, Rief Siekmann v Deutes Patent und Markenamt and Harjo v Pro Footbball inc. The paper looks are traditional cultural expressions, lack of ‘individual property rights’ and the public domain, resulting in cultural expressions failing to be protected by Intellectual Property Law.

 

KEYWORDS: Trademark protections, intellectual property law, traditional knowledge, traditional cultural expressions, cultural rights, moral rights, Re Hallelujah TM, Jesus Jeans Case, Mickey Dees (Nightclub) TM, Phillips Electronics BV v Remington Consumer Products, Froot Loops, Re Jeryl Lynn Trademark, Dualit Trade Mark, Rief Siekmann v Deutes Patent und Markenamt, Harjo v Pro Footbball inc.,

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