[Guest Book Review] Certification and Collective Marks

The IPKat has received and is pleased to host this review of the third edition of Certification and Collective Marks: Law and Practice, by Jeffrey Belson. This book review has been prepared by former GuestKat, Anastasiia Kyrylenko.

Here's what Anastasiia has to say:

The book is now available in hardback

This is a review of Jeffrey Belson’s Certification and Collective Marks: Law and Practice (Edward Elgar, 3rd edition).

The book is in its third edition, with the previous one having been released back in 2017. Since then, several important developments have taken place, all reflected in the book: the 2017 EU trade mark reform, which introduced the EU-wide certification mark; Brexit and the ensuing Withdrawal Agreement; as well as the extension of the EU geographical indications (GIs) system to craft and industrial products. 

This new edition includes eight chapters. The first three chapters introduce the reader into the history and applicable legislation of certification and collective marks. Namely, Chapter 2 follows the developments from the guild marks, through the UK Trade Mark Registration Act of 1875, up until the first Trade Mark Directive of 1988. 

Chapter 3, the nucleus of the book, covers the regulation of certification and collective marks in international, UK, EU and US laws. Belson also discusses here the EU’s approach to GIs, which to him should be less of a sui generis system and more of a certification mark. This critical view is further developed in Chapter 5, where the author focuses on the legal and commercial significance of certification and collective marks. Here, Belson also discusses the EU’s approach to trade mark functions and whether it fits the logic of ordinary marks.   

In the remaining chapters the author looks outside of intellectual property law. Chapter 4 is dedicated to consumer protection law and its interplay with the ‘promises’ of certification and collective marks. Chapter 6 is focused on the legislation that governs technical standards, including standard essential patents, and how certification marks are used in product conformity marking. 

Another area of relevance for certification is so-called 'ecolabels', covered in Chapter 7. Belson explains recent legal developments and jurisprudence concerning environmental-related claims (such as stating that a product is 'carbon neutral') and the role played by public authorities in defining criteria that govern the corresponding certification marks.

The book closes with the newly added Chapter 8, where the author argues that a new type of digital authentication marks is needed, as certification marks are insufficient for the digital environment. 

The reviewer notes two additional things that the potential readers might want to consider. First, although the book covers both certification and collective marks, some of its chapters are focused more on certification ones. Second, the book is mostly centred on the UK’s law and case law: while Belson does mention the EU acquis, it is done for a comparative approach or as part of the pre-Brexit UK’s system, rather than being the book’s main focus.

Considering the above, the book would be most useful for UK-based lawyers and researchers working with certification and collective marks, or for those professionals from other countries who are interested in this jurisdiction.

Details

Publisher: Edward Elgar

Extent: 378 pp

Format: Hardback

ISBN: 978 1 03531 518 5