The Law and Practice of Trademark Transactions: A Global and Local Outlook

(a joint project with the Law School of the University of Geneva)

By Irene Calboli and Jacques de Werra
 

This research project brings together academics and renowned practitioners from different jurisdictions and backgrounds in order to discuss the policy-, legal-, and strategic-related aspects of trademark transactions.

In particular, this research project explores key aspects of the law governing trademark transactions methodologically and from a comparative standpoint in two main parts. Notably, the first part of the project addresses themes that relate to general aspects of trademark transactions, including the analysis of the international legislative framework under the international agreements; several strategic considerations on trademark transactions; trademark transactions in relation to valuation, taxation, security interests and bankruptcy; choice of law, choice of court as well as alternative dispute resolution methods. The second part of the project aims at providing a country-by-country analysis of selected national laws. As trademark transactions have gone global, the rules which apply to trademark transactions remain largely national. Naturally, the existing differences in the rules create territorially-based challenges for trademark owners and practitioners. Accordingly, this project aims at highlighting these differences, while also offering a useful source of reference for future policy work and cooperation and the potential avenues to international and regional harmonization of the rules applicable to trademark transactions.

The outcome of this project is a book titled “The Law and Practice of Trademark  Transactions: A Global and Local Outlook” edited by Professor Irene Calboli and Professor Jacques de Werra (University of Geneva), which has been published by Edward Elgar Publishing as part of the Intellectual Property Law and Practice Series in 2016.