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Reconciling International Obligations To Protect Health And Trademarks: A Defense Of Trademarks As Property, Sam Halabi

Sam Halabi

This chapter explores the growing confrontation between international investment and trade rules and measures adopted by governments to protect their populations from deceptive or misleading trademarks. it argues that, in contrast to prevailing wisdom, that a property analogy for trademarks is beneficial for purposes of reconciling these bodies of law as the analogy between free speech and trademarks is likely to be far more constraining for public health measures.