The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law?...

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...

In this Chapter, I highlight the economic and cultural benefits that derive from GI protection and consider whether expanding GI protection beyond the current international standards could be desirable for WTO/TRIPs Members. I also address the theoretical challenges that the protection of GIs...

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...

Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its...

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...

In this work, I analyze the role of comparative law and comparative legal analysis in the area of intellectual property law. Because the protection of intellectual property rights is inextricably connected to international trade, intellectual property law is one of the most internationally and...