The Intellectual Property Laws and the Protection of Armorial Bearings

Abstract:     
"The intellectual property laws and the protection of armorial bearings" (2001) 12(1) Australian Intellectual Property Journal 143-152 considers the law of arms as a sub-species of the law of intellectual property. According to the usual description of the Law of Arms, coats of arms, armorial badges, flags and other similar emblems of honour may be regarded as a species of intellectual property. But the common law courts have no jurisdiction over matters of dignities and honours. Even lawfully granted coats of arms would appear to have no enforceable legal protection in New Zealand and Australia. This article looked at several possible ways to give effective legal protection to coats of arms within existing legal arrangements, and contrasted these inadequate procedures with the protection afforded by the ancient regime of the High Court of Chivalry. It is the first systematic assessment of the similarities and dissimilarities between the modern intellectual property laws and the law of arms.

Note: This is a description of the article and not the actual abstract.

Keywords: coats of arms, intellectual property, law of arms, college of arms

JEL Classification: K39

Accepted Paper Series