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Global Protection Of Trade Marks

Written by Tom Mould a work experience student at Lawdit Solicitiors on 22 July 2013

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There is a need in recent times for the need of global protection of trade marks and copyrighted materials. A prime example of this is China, a country that is globally renowned for fakes high end luxury goods. The lack of trade mark and copyright protection on other intellectual property has meant the blatant and unrelenting copying of goods such as Louis Vuitton.

With the apparent development of China in the last few years it has meant that there is a mild format of copyright development. They are however not without its problems. The prime example of this being that a Chinese man had trade marked the name "ipad" before the Apple product had come to the country. This led to a large legal dispute resulting in Apple's favor as was anticipated.

A global trade mark would mean that the owner of a trade mark would be protected worldwide meaning there could be no piggy backing from anothers goodwill and there being no confusion to customers as to the origin of goods. A global trade mark would mean a lack of international trade mark disputes costing time and money and the result being dependent on who is the most renowned or has the most goodwill as a business.

One area that is in vital need of this is the pharmaceutical industry. The problem here is that although some drugs are globally recognized others are dealt with on a local level and therefore traveler's especially who may seem to recognize a brand or name of a medicine may be mistaken. Therefore what may seem to be tested right medicine may be deadly to them. This therefore is an important issue and must be addressed to save the lives of others. Where brand names may be confused due to lack of global trade marking it will cause serious problems to the taker of that medicine.

Another reason to have global trade marks is where we go back to the origin and purpose of trade marks. The purpose of them is to distinguish one persons goods from another, therefore with the world becoming a smaller place confusion may be easier. With global marketing being more accessible it brings a further purpose to trade marks, not just to protection and distinguish ones goods from another but to protect the public from confusion as well. An example of this is if a traveler seemingly recognizes a good from his home country he will be expecting the same quality as back home but instead it is likely that it will not be of the same quality as he will be expecting. The idea is not new in its aims as the dilemma seemingly goes back to Roman times with problems of defrauding the public. Generally the idea of protecting the public is based on a local area but it is as I have shown necessary to expand this to a global scale.

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