Founding a Global Human Rights Culture for Trade Marks

Elgar Intellectual Property and Global Development series

吉纳维芙威尔金森,高级Lecturer, Faculty of Law, University of Technology Sydney, Australia

This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.

‘This important book explains how governments can do a better job incorporating human rights concerns into trademark law. It proposes a useful analytical framework for measuring whether trademark legislation and enforcement adequately protects rights to property, health, free expression, and other economic, social, and cultural rights.’
– Lisa P. Ramsey, University of San Diego, US

‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’
– Christophe Geiger, Luiss Guido Carli University, Italy

‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr. Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’
– Sam Ricketson, Professor Emeritus, Melbourne Law School, Australia