Abstract

http://ssrn.com/abstract=1003608
 
 

Citations (1)



 


 



Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights


Susy Frankel


Victoria University of Wellington

November 10, 2011

TRADEMARK LAW AND THEORY: A HANDBOOK OF CONTEMPORARY RESEARCH, Graeme B. Dinwoodie and Mark D. Janis, eds., Edward Elgar Publishers, 2008
Victoria University of Wellington Legal Research Paper No. 36/2011

Abstract:     
Indigenous peoples' rights in relation to cultural traditions and the commercial exploitation of those traditions has been an issue for a considerable period of time. The increase in international trade in products or intellectual property derived from traditional knowledge has highlighted the call for protection of that traditional knowledge and the culture associated with it. In particular, the effect of the TRIPS Agreement as the strongest international agreement across the core aspects of intellectual property has intensified the debate over how much protection there should be for traditional knowledge and cultural property. This chapter considers these issues and their relationship with the law of trademarks. In particular, it discusses the uses and limitations that trademarks have to protect traditional knowledge. As aspect of that discussion is the approach of trademark systems to prevent third parties from registering culturally offensive marks. The chapter compares the approaches of the domestic systems of the United States and New Zealand with regard to culturally offensive trademarks and the grounds for opposition in the registration process.

Number of Pages in PDF File: 40

Keywords: traditional knowledge, trademarks

Accepted Paper Series





Download This Paper

Date posted: July 30, 2007 ; Last revised: February 26, 2014

Suggested Citation

Frankel, Susy, Trademarks and Traditional Knowledge and Cultural Intellectual Property Rights (November 10, 2011). TRADEMARK LAW AND THEORY: A HANDBOOK OF CONTEMPORARY RESEARCH, Graeme B. Dinwoodie and Mark D. Janis, eds., Edward Elgar Publishers, 2008; Victoria University of Wellington Legal Research Paper No. 36/2011. Available at SSRN: http://ssrn.com/abstract=1003608

Contact Information

Susy R. Frankel (Contact Author)
Victoria University of Wellington ( email )
PO Box 600
Wellington, 6140
New Zealand

Feedback to SSRN


Paper statistics
Abstract Views: 3,284
Downloads: 756
Download Rank: 17,799
Citations:  1
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.375 seconds