Striking a balance between protecting commercial reputation and promoting competition

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Abstract

Recent emphasis on the effect of the grant of intellectual property rights on competition has focused largely on "substantive" intellectual property rights (copyright, patents, designs), rather than on reputation (registered and unregistered marks, passing off). Arguably the nature and extent of rights in goodwill has a more direct and significant effect on the competitive operation of markets because established reputation is a formidable barrier to entry. In this light, the recent expansion of legal protection for trade marks should be closely scrutinised. It is important to maintain a productive balance between the legitimate ambitions of individual traders and the public interest in dynamic markets.
Original languageEnglish
Pages (from-to)598-613
Number of pages16
JournalAustralian Law Journal
Volume77
Publication statusPublished - 2003

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intellectual property
right of ownership
reputation
legal protection
market
public interest
patent
grant

Cite this

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title = "Striking a balance between protecting commercial reputation and promoting competition",
abstract = "Recent emphasis on the effect of the grant of intellectual property rights on competition has focused largely on {"}substantive{"} intellectual property rights (copyright, patents, designs), rather than on reputation (registered and unregistered marks, passing off). Arguably the nature and extent of rights in goodwill has a more direct and significant effect on the competitive operation of markets because established reputation is a formidable barrier to entry. In this light, the recent expansion of legal protection for trade marks should be closely scrutinised. It is important to maintain a productive balance between the legitimate ambitions of individual traders and the public interest in dynamic markets.",
author = "{Van Caenegem}, William",
note = "This article is published by the {\circledC}Lawbook Co., part of Thomson Legal & Regulatory Limited, http://www.thomson.com.au Permission Granted",
year = "2003",
language = "English",
volume = "77",
pages = "598--613",
journal = "Australian Law Journal",
issn = "0004-9611",
publisher = "Thomson Reuters (Prous Science)",

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Striking a balance between protecting commercial reputation and promoting competition. / Van Caenegem, William.

In: Australian Law Journal, Vol. 77, 2003, p. 598-613.

Research output: Contribution to journalArticleResearchpeer-review

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T1 - Striking a balance between protecting commercial reputation and promoting competition

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N1 - This article is published by the ©Lawbook Co., part of Thomson Legal & Regulatory Limited, http://www.thomson.com.au Permission Granted

PY - 2003

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N2 - Recent emphasis on the effect of the grant of intellectual property rights on competition has focused largely on "substantive" intellectual property rights (copyright, patents, designs), rather than on reputation (registered and unregistered marks, passing off). Arguably the nature and extent of rights in goodwill has a more direct and significant effect on the competitive operation of markets because established reputation is a formidable barrier to entry. In this light, the recent expansion of legal protection for trade marks should be closely scrutinised. It is important to maintain a productive balance between the legitimate ambitions of individual traders and the public interest in dynamic markets.

AB - Recent emphasis on the effect of the grant of intellectual property rights on competition has focused largely on "substantive" intellectual property rights (copyright, patents, designs), rather than on reputation (registered and unregistered marks, passing off). Arguably the nature and extent of rights in goodwill has a more direct and significant effect on the competitive operation of markets because established reputation is a formidable barrier to entry. In this light, the recent expansion of legal protection for trade marks should be closely scrutinised. It is important to maintain a productive balance between the legitimate ambitions of individual traders and the public interest in dynamic markets.

M3 - Article

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JF - Australian Law Journal

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