Book contents
- Across Intellectual Property
- Cambridge Intellectual Property and Information Law
- Frontispiece
- Across Intellectual Property
- Copyright page
- Contents
- Notes on Contributors
- Introduction
- Part I Across Regimes
- 1 A Matter of Sense
- 2 Overlap and Redundancy in the Intellectual Property System
- 3 Rethinking the Relationship between Registered and Unregistered Trade Marks
- 4 Publication in the History of Patents and Copyright
- 5 Of Moral Rights and Legal Transplants
- Part II Across Jurisdictions
- Part III Across Disciplines
- Part IV Across Professions
- Laudatio
- Cambridge Intellectual Property and Information Law
3 - Rethinking the Relationship between Registered and Unregistered Trade Marks
from Part I - Across Regimes
Published online by Cambridge University Press: 27 March 2020
- Across Intellectual Property
- Cambridge Intellectual Property and Information Law
- Frontispiece
- Across Intellectual Property
- Copyright page
- Contents
- Notes on Contributors
- Introduction
- Part I Across Regimes
- 1 A Matter of Sense
- 2 Overlap and Redundancy in the Intellectual Property System
- 3 Rethinking the Relationship between Registered and Unregistered Trade Marks
- 4 Publication in the History of Patents and Copyright
- 5 Of Moral Rights and Legal Transplants
- Part II Across Jurisdictions
- Part III Across Disciplines
- Part IV Across Professions
- Laudatio
- Cambridge Intellectual Property and Information Law
Summary
It is generally assumed that a single theoretical account is sufficient to explain why we protect both registered and unregistered trade marks. Specifically, the need to protect against consumer confusion is said to explain the protection that is afforded to trade marks through both the registration system and through passing off/unfair competition law. Drawing on recent scholarship that sets out to re-examine the role of trade mark registration, this chapter argues that we need to think more seriously about embracing a bifurcated model of trade mark protection, with the two modes of protection underpinned by different justifications and perform different functions. This would allow us to have a clearer idea of how the two systems should interact and when we should prioritise the operation of one over the other.
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- Across Intellectual PropertyEssays in Honour of Sam Ricketson, pp. 38 - 50Publisher: Cambridge University PressPrint publication year: 2020