In this chapter, we outline the provisions introduced by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with respect to trademarks. Similar to the provisions related to patents, copyright, and other rights, section II of Part II of TRIPS (Articles 15–21)...

"Historically, few topics have proven to be so controversial in the international intellectual property arena as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve the disagreements on the issue, and countries world-wide continue to quarrel as to the...

Since its “judicial creation” in the 1970s, much controversy has surrounded the practice of trademark merchandising. Because of the departure from the traditional interpretation of trademark law - protecting consumers and the market - in favor of a direct protection of trademark “value,”...

This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions...

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free...

This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations....

True to its nature of a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications including the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been...