tag:blogger.com,1999:blog-5574479.post3015263743792876781..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Katonomics 2: An Economic Perspective of IP: The Economics of Trade MarksVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-5574479.post-14475754471645696282012-01-01T23:15:58.459+00:002012-01-01T23:15:58.459+00:00The key point is that trademarks enable and promot...The key point is that trademarks enable and promote competition on quality, as the CJEU has accurately observed. More generally, IPR enable and promote some forms of competition (in innovation and quality) at the expense of other forms of competition (in production and distribution). Without IPR the balance would favour competition in production and distribution (at any rate if property rights in tangibles are recognised) at the expense of competition in innovation and quality (there would be no striving to better other operators if one can just nick their innovation or trade off their reputation). See my book "Intellectual Property and EU Competition Law".Jonathan Turnerhttp://www.jonathanturner.comnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-85124217602204556282011-11-19T09:03:04.916+00:002011-11-19T09:03:04.916+00:00what about the unfair compettion prevention ration...what about the unfair compettion prevention rationale, which dominates trade secret IP rights as well?שרוןhttps://www.blogger.com/profile/18414132105364296588noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15658212666170691762011-11-16T09:51:11.920+00:002011-11-16T09:51:11.920+00:00I think that trademarks have an indirect relations...I think that trademarks have an indirect relationship with innovations. The manufacturer uses the mark to remain a part of consumer awareness only for its products. Thus, it is differentiated from other competitors.<br />By the trademark every manufacturer has a permanent position in the market, ensuring that he can earning from it.<br /><br />VentsiAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-24247465085699475522011-11-16T05:17:28.399+00:002011-11-16T05:17:28.399+00:00To add to this conversation - Afro Leo's thoug...To add to this conversation - Afro Leo's thoughts are posted here: http://afro-ip.blogspot.com/2011/11/iprs-in-developing-countries.htmlDarren Olivierhttps://www.blogger.com/profile/11948051774057365753noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33455438587722999402011-11-15T13:44:42.064+00:002011-11-15T13:44:42.064+00:00Trademarks exist to distinguish. Their use to char...Trademarks exist to distinguish. Their use to charge a premium or to aid the consumer stem from this ability to distinguish.<br /><br />The economic benefits also stem from this ability to distinguish. If a company develops a product that is successful with consumers, who come to recognise and distinguish by way of the brand, is subject to competition from poor quality copies using identical branding then obviously that company will fail to the detriment of the economy. It is parasitic behaviour that rapidly kills the host.<br /><br />The clumping together of IP rights on the grounds of social contract theory is an after-the-effect categorisation. They are different, they have their flaws and benefits, but they are IP rights. No further categorisation to satisfy economic theorists is necessary.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-86450124812175170332011-11-15T09:22:04.629+00:002011-11-15T09:22:04.629+00:00I definitely agree with the consensus that tradema...I definitely agree with the consensus that trademarks are not here as an incentive to innovate. It is a means for a) companies/owners to charge a premium for their products and b) consumers to be aided in their decision-making process. <br /><br />The suggestion that trademarks aid the innovation of new processes or services is, in my opinion, secondary to the reasons I listed above. <br /><br />As an aside - trademarks add something to society even when it is not in the public domain - it adds to language. One only needs to think of something being described as the 'Rolls Royce of [insert product category here]' to understand the impact that trademarks have on our daily communication.IPnerdettenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-54649887091919682512011-11-14T15:44:41.545+00:002011-11-14T15:44:41.545+00:00If it is to be argued that every piece of IP is in...If it is to be argued that every piece of IP is individually different because by its very nature it can be distinguished from the prior art - and indeed a Trade Mark must be distinctive to be registered - then perhaps it can be argued that all REGISTERED Trade Marks ARE associated with innovative activities?Jackie Maguirehttp://www.collerip.comnoreply@blogger.com