Brand new IP: Country name designation – from France with love

Natalie G.S. Corthésy

Chapter 16 in The Future of Intellectual Property, 2021, pp 322-345 from Edward Elgar Publishing

Abstract: This chapter highlights the interests of States as co-creators of nation brands alongside those of businesses and consumers. A possible new IP category, namely “country name designation†, is considered, to encompass the extended function of country names in modern global trade. A multilateral solution would require acquiescence that country names are distinguishable from other geographic place names, given their primordial importance as indicia of sovereignty. Recommendations made by the international community on how to redress identified mischiefs are evaluated alongside the author’s proposal for the creation of a new sui generis multilateral IP framework aiming both to safeguard country names against misuse and free riding in international commerce, and to promote trade and economic development. Exceptions and limitation to the scope of protection are also explored.

Keywords: Economics and Finance; Innovations and Technology; Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2021
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