Abstract
Previous research has demonstrated that EU trade mark norms found their way into New Zealand law through the World Trade Organisation agreement on Trade-Related Aspects of Intellectual Property Rights (WTO TRIPS). This paper will give a brief résumé of that research and outline the current enquiry—whether these and related norms are likely to be re-transmitted, in identical or modified form. This could occur via the draft intellectual property chapter of the proposed Trans-Pacific Partnership (TPP) agreement. While this was under discussion, the EU and USA were negotiating a Trans-Atlantic Trade and Investment Partnership (TTIP) agreement. Although geographical indications (GIs, protected under trade mark law in the USA) have been a hot topic in TTIP negotiations, there is scant information on any possible chapter on GIs, trade marks and other forms of intellectual property in TTIP. However, US Trade Representative and TTIP negotiator Michael Froman has spoken admiringly of the intellectual property provisions in the draft TPP. If an intellectual property chapter were introduced into TTIP, it seems likely that TPP text would be adopted or adapted, bringing norms full circle back to the EU. In considering this possibility, it is suggested that the biological analogy of viral transfer of genetic code may be even more apt than that of transplants to illuminate the process of re-transmission of adopted or adapted legal norms through the medium of international treaties.
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Notes
See trade mark pages of the World Intellectual Property Organisation (‘WIPO’) at http://www.wipo.int/trademarks/en/trademarks.html.
For examples of globally significant marks, see http://www.interbrand.com/en/best-global-brands/2013/Best-Global-Brands-2013-Brand-View.aspx. WTO TRIPS requires member states to provide legal protection for trade marks (Part II, Section 2, Articles 15–21) and geographical indications (Part II, Section 3, Articles 22–24).
Provided GIs are controlled by an ‘inclusive and representative industry organization that ensures participation of local actors and an equitable distribution of rent’ (Bramley et al. 2009, p. 118).
A view of several norm transmission models may be found in the work of Peck: see, especially, Peck (2011). Thanks to Prof David Conradson, University of Canterbury, for introducing me to Peck’s work. For a wider bibliography, see http://www.geog.ubc.ca/∼peck/research.html (accessed on 26 August 2014).
For a brief summary of the practices of the glossators and other commentators, see Djeffal (2013) at 1232.
See also the sources listed on the web site of the Society for the Evolutionary Analysis of Law (SEAL) at www4.vanderbilt.edu/seal/scholarly-resources/useful-sources/ (accessed on 28 August 2014).
13 March 2014; NCRE, University of Canterbury, Christchurch, NZ
Commission document 11103/13 DCL 1, available at http://data.consilium.europa.eu/doc/document/ST-11103-2013-DCL-1/en/pdf. See paras 28–30 on intellectual property and para 11 on rules of origin generally. Notes of the Advisory Group meeting on 24 July 2014 indicate that rules on origin of specific products had not yet been discussed.
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Grateful thanks to the EU/New Zealand KEENZ fund for supporting my visit.
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An earlier version of this paper was presented as a European Union Roundtable Seminar, National Centre for Research on Europe, University of Canterbury, New Zealand, on 21 March 2014.
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Firth, A. European norms in transit: trade mark norms, TTIP uncertainties and the relevance of TPP. Asia Eur J 13, 323–330 (2015). https://doi.org/10.1007/s10308-015-0418-x
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DOI: https://doi.org/10.1007/s10308-015-0418-x