Legal sources of trademarks and geographical indications

• Author: Bolos, M.D.
• Position: Department of History and International Relations, Petru Maior University of Târgu Mures
• Pages: 115-122

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 4 (53) No. 2 - 2011

LEGAL SOURCES OF TRADEMARKS AND

GEOGRAPHICAL INDICATIONS

Mihaela Daciana BOLOŞ1

Abstract: Trademarks and geographical indications are a highly

internationally debated topic, mainly because of their ec onomic value. This is

why new international laws are created in order to keep up with the advances

in economics, communications and internet. The article aims to study the

international sources of law in trademarks an d geographical indications

field, in order to underline the applicable legislation.

Key words: intellectual property, law sources, trademarks, geographical

indications

1 Department of History and International Relations, Petru Maior University of Târgu Mureş.

1. Generalities regarding the

international law sources

When talking about the international law

sources, Romanian authors [5] , [7], [11],

[4], [1], together with international authors

[10], are indicating two main sources:

material and formal. The material sources

represent reasons and processes that lead to

law creation, such as collective mentalities,

law science evolution, and social

necessities [5]. The formal sources can be

defined as juridical means that express an

agreement between two or more

international subjects, materialized trough

treaties, customs, and others [5].

The main formal sources are expressed

by article 38 of the International Court of

Justice statute mentioned in all the studies

regarding the sources of international law:

‘the Court, whose function is to decide in

accordance with international law such

disputes as are submitted to it, shall apply:

a. international conventions, whether

general or particular, establishing rules

expressly recognized by the contesting

states; b. international custom, as evidence

of a general practice accepted as law; c.

the general principles of law recognized by

civilized nations; d. subject to the

provisions of Article 59, judicial decisions

and the teachings of the most highly

qualified publicists of the various nations,

as subsidiary means for the determination

of rules of law’ [39].

According to this international provision

there are two types of law sources: main

and subsidiary. These sources can be

applied to the general provisions regarding

international law, but also to some specific

areas such as intellectual property.

2. From intellectual property to trademarks

and geographical indications

Perhaps the clearest definition regarding

intellectual property is provided by the

Trade Related aspects of Intellectual

Property Rights (TRIPS) Agreement,

which, in its preamble, states that the

object of the Agreement is the intellectual

property. In the first article it i s stated that