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No Logo: Brand Bullies, Trade Mark Law, and The Trans-Pacific Partnership
Medium and InfoJustice (2014)
  • Matthew Rimmer, Australian National University College of Law
The Trans-Pacific Partnership is a sweeping trade agreement, spanning the Pacific Rim, and covering an array of topics, including intellectual property. There has been much analysis of the recently leaked intellectual property chapter of the Trans-Pacific Partnership by WikiLeaks. Julian Assange, WikiLeaks’ Editor-in-Chief, observed
The selective secrecy surrounding the TPP negotiations, which has let in a few cashed-up megacorps but excluded everyone else, reveals a telling fear of public scrutiny. By publishing this text we allow the public to engage in issues that will have such a fundamental impact on their lives.
Critical attention has focused upon the lack of transparency surrounding the agreement, copyright law and the digital economy; patent law, pharmaceutical drugs, and data protection; and the criminal procedures and penalties for trade secrets. The topic of trade mark law and related rights, such as internet domain names and geographical indications, deserves greater analysis.
Amongst other things, the latest intellectual property text of the Trans-Pacific Partnership revealed by WikiLeaks reveals a concerted effort to protect the rights and remedies of trade mark owners. The secret agreement is intent upon protecting famous, well known brands. The Trans-Pacific Partnership is a trade deal designed to protect global brands — such as sporting brands like Nike; the information technology trade marks of Apple, Microsoft, IBM, and Google; the logos of Big Food such as McDonalds, and Big Soda, like Pepsi and Coca-Cola.
Much of the discredited Anti-Counterfeiting Trade Agreement has been revived in the trademark provisions of the Trans-Pacific Partnership. The deal seeks to expand the rights and remedies of trade mark owners to address counterfeiting and domain name cybersquatting. There has also been fierce debate over the relationship between trade mark law and geographical indications. The trade mark sectionsof the Trans-Pacific Partnership lacks sufficient safeguards for the public interest in freedom of speech, cultural criticism, and competition.
  • Trans-Pacific Partnership,
  • Trademark,
  • Counterfeiting,
  • Geographical Indications,
  • Internet Domain Names
Publication Date
October 17, 2014
Citation Information
Matthew Rimmer. "No Logo: Brand Bullies, Trade Mark Law, and The Trans-Pacific Partnership" Medium and InfoJustice (2014)
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