Abstract
Every brand, in its original capacity as a trademark, is intended to
identify and to differentiate a certain ype of product or sece' rom
other competingfoodproducts or semces. This is the orginalpupose
of marks. But, overtime, this (original) purpose has been overrun by
a diff rent reality. Brands now harness a dualpower. TheJirst refers
to their Market Impact i.e. their ability to overshadow competing
brands, and the other relates to their Consumption Impact; i.e. their
ability to generate wants and to shape the image of the foods that we
consume. In this research I discuss the normative sides of this state of
affairs. I submit that this dual impact is not desirable and the law
should and can do something to offiet it. I conclude, thI research, by
proposing posible steps that aim to remedy this undesirable state of
affair
identify and to differentiate a certain ype of product or sece' rom
other competingfoodproducts or semces. This is the orginalpupose
of marks. But, overtime, this (original) purpose has been overrun by
a diff rent reality. Brands now harness a dualpower. TheJirst refers
to their Market Impact i.e. their ability to overshadow competing
brands, and the other relates to their Consumption Impact; i.e. their
ability to generate wants and to shape the image of the foods that we
consume. In this research I discuss the normative sides of this state of
affairs. I submit that this dual impact is not desirable and the law
should and can do something to offiet it. I conclude, thI research, by
proposing posible steps that aim to remedy this undesirable state of
affair
Original language | English |
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Pages (from-to) | 1-34 |
Number of pages | 34 |
Journal | Indian Journal of Intellectual Property Law |
Volume | 4 |
State | Published - 2011 |