Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Daniel J Gervais

Selected Works

2015

Articles 1 - 2 of 2

Full-Text Articles in Law

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais Dec 2015

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

This Article considers whether the Geneva Act (2015) of the 1958 Lisbon Agreement achieved a reconciliation between the common-law approach to protecting certain GIs as trademarks and the (currently) mostly European approach of using a sui generis system to protect GIs. In “Old Lisbon” as in many parts of Europe—and perhaps more strikingly in France—GIs have deep roots in the terroir. And the terroir matters: it is not an exaggeration to say that some countries link terroir to national identity. New World producers see things differently, but they also recognize the value of geographic origin, at least for certain …

Go to article

The Protection Of Performers Under U.S. Law In Comparative Perspective, Daniel Gervais Apr 2015

The Protection Of Performers Under U.S. Law In Comparative Perspective, Daniel Gervais

Daniel J Gervais

The Garcia v Google case raised fundamental questions about US law as it applies to performed works. This Essay uses a comparative lens to shed some hopefully useful light on the debate. The Essay proceeds essentially in two parts. First, the Essay explores and critiques the international protection of performers’ rights using both history and policy as focal points. The following part describes the protection of performers and other owners of “related rights” in US law and explains the differences that adopting a related rights regime would bring about in the United States.

Go to article