Thesis (M.F.A.)--Rochester Institute of Technology. / Typescript. Includes bibliographical references (leaves 30-31).

Thesis (M.F.A.)--Rochester Institute of Technology, 1981. / Typescript.

Mercantile Law / LL. M. (Law)

M.Comm.

M.Com. (Economics) / Please refer to full text to view abstract

With the entry into force of the Second Tobacco Products Directive1 (hereinafter TPD), new labelling requirements for tobacco products are being introduced for ensuring greater protection of public health. Notably, the TPD harmonises minimum requirements of the WHO’s Framework Convention on Tobacco Control and its Guidelines, consisting of pictorial warnings and information about the harmful effects of smoking (Article 9 and 10 TPD), covering 65% of the tobacco package2, but also provides the possibility for Member States to introduce further more stringent measures (Article 24(2) TPD). Only brand names in a standard font are allowed to be displayed on a package with neutral colour without any trademarks.3 This thesis is specifically concerned with the effect of the TPD’s new labelling requirements (plain packaging) on the intellectual property rights (trademark rights) of the tobacco manufacturers. The justifications for the new limitations are considered from a broader EU perspective and from an Intellectual Property law one. The paper reflects on the character of protection that there is no deprivation nor expropriation of property, but a mere control of use and that the right conferred upon registration of a mark is ius excludenti alios and not a right to use. These justifications are based on examination of case law, legislation provisions and it is relied on the surveys approved by the WHO and made post-implementation of plain packaging in Australia. However, it is suggested that the use of trademarks has become an indispensable part of the economic reality and through plain packaging the trademark proprietors’ interests are being undermined. Consequently, it is argued that the new regime is oppressive towards the interests of the trademark proprietors and is not the most effective for attaining the public health objective, by drawing upon sociological and economical research. Finally, the thesis criticises a plain packaging regime as being detrimental to trademark owners and its potential spillover effect to other industries, the risk of increase of illicit trade and counterfeits, which will cause a whole area of intellectual property to become redundant.

Magister Legum - LLM / A geographical indication (GI) is a sign by which a product is identified as having its origin in a particular territory and as having certain qualities, characteristics and a reputation, which are associated with that origin. There is currently no uniform international mechanism of protecting GIs, however, the framework for the protection of GIs is provided by Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 23.1 provides a distinct advantage for the protection of wines and spirits as compared to the general protection of Article 22 for all other products. This thesis argues that a uniform system of protection for GIs should be established internationally, and that protection would be to the advantage of developing countries. The purpose of this study is to determine the best available method (i.e. trademark legislation or sui generis legislation) for protecting GIs for agricultural products of developing countries, through analysing the international legal framework governing the protection of GIs and the methods of national protection available as applied in Ethiopia, South Africa and India. The central argument advanced is that the use of trademarks should be a stepping stone, sui generis legislation is the ideal. Sui generis (separate) legislation should be drafted to fulfil the obligations of TRIPS and to ensure the extended protection, through national legislation, of all goods within other Member States. It is highly unlikely that the TRIPS Member States will agree to the extended protection of the Article 23. Therefore, the most suitable method to achieve such protection would be for Member States to extend their national protection through sui generis legislation.

There is extensive literature in several areas of academic study (marketing, international business, law, business finance, etc.) regarding brand names and trademarks. Different fields of study have analyzed the nature, applications and effects of brands and trademarks on firms and societies through their own unique perspective. But although brands and trademarks play a crucial and vital role in economic matters related to firms and societies, there does not exist a strong literature from the economic field approaching important issues related to them. Of special interest to us are the effects brands have on the strategies firms create and follow in order to address competition and get an advantage in specific markets, the role trademark creation plays in the economic development of a country and the spillover effects such development has on the aggregate world economy, and the protection patterns and strategies firms use in order to maximize the value of trademarks as economic assets and the economic benefit derived from the use of this form of intellectual property (and other brand related activities). With this dissertation we seek to contribute to the existing literature and to the better understanding of brands and trademarks from an economic point of view. In order to address the questions above, we formulated an economic model, used econometric tools and also performed an in-depth analysis of empirical data related to brands and trademarks. From our research we found that brands and trademarks play a major role in different aspects of the economic spectrum; they could give the firm an upper hand in a market, they could be a vehicle for economic advancement of societies when trademark protection is fostered and lastly that firms follow an idiosyncratic pattern of IP protection in order to generate and defend the value of these assets and in order to maximize the economic benefit of activities that are related to brands and trademarks. From our overall research we conclude that brands and trademarks are a powerful duality of tremendous potential for firms and countries that need to be protected and fostered and that additional research from the economic field is needed.

The title of the project, ‘FutureFactories’, describes an exploration of direct digital manufacturing and the use of this technology in creating new models for consumer product design practice. In additive fabrication itself, there is no economic advantage in producing identical artefacts: given this, and the free-form potential of a technology that can deliver almost any form imaginable, the project examines the possibility of modifying the design with every artefact produced. The aim is to create automated systems capable of volume production, establishing mass individualisation: the industrial scale production of one-off artefacts. This work explores the potential to combine parametric CAD modelling with computer programming to create animated meta-designs that change in real time. These scripts introduce a random computer generated element into each physical product ‘printed out’ using direct digital manufacturing. The intention is to combine qualities normally associated with the vagaries of the hand-made with the technical resolution of industrial mass-manufacture; whilst at the same time maintaining a coherent design and identity. The outputs from this practice-based research project consist of inspirational products ranging from gallery pieces to commercial retail products and, alongside the real-world artefacts, the scripted meta-designs from which they are created. The use of such software processes and real-time networks as generative tools, questions existing transient boundaries of practice, and exposes the irrelevance of conventional definitions of role. It is clear that the outcomes of such a new model of creative production cannot be thought of as traditionally conceived pieces. The outcomes of the research suggest that the resulting artefacts can be considered both functionally useful and as art. Outside of that, existing definitions convey little of the reality of their production, as they lie in some new, as yet unspecified, arena of production.

The aim of the diploma thesis is to evaluate a portfolio of Krušovice trademarks which is part of a wider trademark portfolio of the Czech beer producer Heineken Česká republika, Ltd. At first, a portfolio of Krušovice trademarks needs to be identified and selected. Secondly, it is essential to carefully choose method for valuation based on the importance and significance of trademark portfolio for the company. Two income methods will be used for valuation of Krušovice trademarks. Consequently, value of all intangible assets of Heineken is determined and the share of Krušovice trademarks on the total intangible assets of Heineken is discussed.