Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. The fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge of WTO Members' practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following: • What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark? • What are the limitations on the protection of non visually perceptible marks like sounds, scents and tastes? • What lessons can we learn so far from the Dispute Settlement Mechanism? • What are WTO Members' obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them? • How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what? The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated. Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition of that will help them identify new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.

This volume cross-examines mainstream approaches to studying legal culture (e.g. those of Friedman and Blankenburg). It includes debates over the concept of legal culture and a variety of case studies of different legal cultures.

With this richly illustrated history of industrial design reform in nineteenth-century Britain, Lara Kriegel demonstrates that preoccupations with trade, labor, and manufacture lay at the heart of debates about cultural institutions during the Victorian era. Through aesthetic reform, Victorians sought to redress the inferiority of British crafts in comparison to those made on the continent and in the colonies. Declaring a crisis of design and workmanship among the British laboring classes, reformers pioneered schools of design, copyright protections, and spectacular displays of industrial and imperial wares, most notably the Great Exhibition of 1851. Their efforts culminated with the establishment of the South Kensington Museum, predecessor to the Victoria and Albert Museum, which stands today as home to the world’s foremost collection of the decorative and applied arts. Kriegel’s identification of the significant links between markets and museums, and between economics and aesthetics, amounts to a rethinking of Victorian cultural formation. Drawing on a wide range of sources, including museum guidebooks, design manuals, illustrated newspapers, pattern books, and government reports, Kriegel brings to life the many Victorians who claimed a stake in aesthetic reform during the middle years of the nineteenth century. The aspiring artists who attended the Government School of Design, the embattled provincial printers who sought a strengthened industrial copyright, the exhibition-going millions who visited the Crystal Palace, the lower-middle-class consumers who learned new principles of taste in metropolitan museums, and the working men of London who critiqued the city’s art and design collections—all are cast by Kriegel as leading cultural actors of their day. Grand Designs shows how these Victorians vied to upend aesthetic hierarchies in an imperial age and, in the process, to refashion London’s public culture.

One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.