Question

Explain how trademark ownership can conflict with free speech rights. How could these competing claims be resolved? How are you resolving ownership with free speech?

Answer 1

Trademark ownership was actually initiated in the Paris convention. Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The Agreement provided completed standards towards the protection of trademark rights and restricted one firm to make ownership of other firms possession. National Trade marks laws of every nations which was the sub law has its origin from TRIPS. It was mainly expressed with the view of freedom of speech rights. But due to political hindrances and the boundaries threat free speech rights have always conflict with trade ownership. Due to different national views of free speech rights and also between many political powers, trademark ownership leads to the environment filled with the conflict. In order to apply free speech rights, the nations need to practice in the domestic level and it need to balance those rights at international level. And also many bureaucratic powers hindered to connect the free speech rights with trademark ownership. The above facts explains how trade ownership has conflict with free speech rights.

Such competing claims can be resolved through following provisions which was already specified in TRIPS. By using the standard rules of TRIPS, US nation has passed the States of bill to protect the interest of the free speech rights. This was also implemented in Europe court of human rights with regard to safeguarding the rights of free speech. For example US nation followed the comparative advertising rights for all the firms equally with their own rights of using new opportunities when they are started to own the rights.