The Protection of Well-Known Marks Under International Intellectual Property Law

Abstract

Advertising and the way it functions on social media platforms, such as Instagram and Facebook, is changing the way brands spend their marketing budgets away from traditional media towards social media to promote their famous and well-known marks. The Internet provides increasing opportunities for us to purchase internationally famous branded goods and services. In fact, brands are usually preceded by their reputations. Branded goods or services are often pre-advertised and pre-sold even though they are not yet physically present in the market of any particular country. Against the reality of this background, there is certainly no doubt in the minds of business-people that the reputation and goodwill attached to their famous brands have become detached from national and local borders.