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Think Consumer: The Enforcement of the Trade Mark Quality Guarantee Revisited, A Legal and Economic Analysis
Author: Jamil Ammar
Date Of Publication: Feb 2011
Isbn13: 978-1-4438-2686-0
Isbn: 1-4438-2686-3
The availability of a wide range of branded products makes the selection of the right type of goods a difficult process. This is particularly true in the case of goods whose characteristics consumers do not have complete information about, which they can only learn about after purchasing (experiencing goods). A trade mark quality guarantee facilitates consumers’ choice by sending quality signals. It also enables a trader of branded goods to differentiate the quality of his goods from those of his competitors. Accordingly, trade mark protection is said to enhance economic efficiency, and thus the production of quality goods, and reduce consumer search costs. In order for this to work, however, among other conditions, the trader must maintain consistent quality over time and across consumers. Otherwise, trade mark protection will enhance artificial product differentiation, and thus distort competition. To date, despite its profound significance, the quality guarantee is seen as performing an economic function that trade mark law is ill equipped to deal with. As a result, this function is not enforced under trade mark law. Contrary to mainstream thinking, this book argues that the quality function of a trade mark should be recognised and enforced through trade mark law. What is at stake is far from insignificant: it is about bridging the ever increasing gap between the legal rationales for trade mark protection and the economic consequences of this protection in practice. The book is also about how consumers should shape their relationship with trade marks and what role law should play in constructing that relationship. By giving independent legal substance to the quality function, trade mark law encourages a trader to improve the quality of his goods instead of simply improving the persuasive or advertising value of the mark, which, in turn, enhances artificial product differentiation, increases rather than decreases consumer search costs, and distorts competition.
Dr Jamil Ammar obtained a PhD in European Intellectual Property Law at the University of Edinburgh in Scotland, where he was also the book review editor of the SCRIPT Law and Technology Centre. Jamil obtained a LLM in International Commercial Law at the University of Wales. His areas of research are in intellectual property and information technology law, branding, e-commerce law including international banking, payment systems, technology transfer and trade marks law. He has a membership at the British Institute of International and Comparative Law, and is member of the Damascus Bar Association. He has presented papers at Aberdeen University and Edinburgh University. He has also reviewed many books for journals such as the European Intellectual Law Review and International Trade Law and Regulation.
Price Uk Gbp: 39.99
Price Us Usd: 59.99
Sample pdf (including Table of Contents)
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From Navigating Music and Sound Education
“We rarely have the opportunity and time to engage with the practicalities of music teaching through the lens of evidence-based practice. This book provides us with a wonderful exception that is accessible to beginning and established teachers. It contains a wide range of stimulating and thought-provoking material that draws on real-world experiences and events, which are contextualised, informed and structured by theory. This is a powerful combination that we can visit again and again for insight and inspiration. Congratulations to all involved, particularly the editors for shaping such a valuable contribution!”
—Professor Graham F. Welch, University of London; President, International Society of Music Education
“Navigating music and sound education draws together a range of issues increasingly acknowledged to be at the basis of reflective and effective music learning and teaching: social settings, cultural dimensions, gender, indigeneity, varying cognitive approaches, inter-disciplinary connections, technology, types of learning, and creativity. It opens up areas of pedagogy that go beyond classroom methodology to acknowledge student individuality and encourage music learning and teaching grounded in the reality of students’ musical and social lives. It will be invaluable for those training to become educators and for teachers already in the field.”
—Associate Professor Peter Dunbar-Hall, University of Sydney
“This book brings an important contribution to music teacher education as it challenges the readers to rethink their paradigms of music education. It highlights the importance of preparing a reflective teacher, autonomous, creative and conscious of the multifaceted and multicultural locus in which they will work. The book also draws on the importance for music teachers to consider the context in which they work, and establish a dialog between local musical traditions, informal music practices and global trends of music teaching and learning. Most importantly, all chapters are in one way or another derived from research carried out on specific areas, thus stressing the importance of the research informed practice in music education.”
—Professor Liane Hentschke, Federal University of Rio Grande do Sul, Brazil; International Society of Music Education Immediate Past President
Many readers will appreciate Steve Dillon and Kathy Hirche’s description of the future of education in their work with dynamic technological contexts.
Navigating Music and Sound Education is a wonderful guide and resource for pre-service music teachers, for teachers in the field, and for teacher educators.
It offers a range of fresh perspectives on the state of music education as it is and as it might be. Kari K Veblen
Navigating Music and Sound Education is an ambitious project which features current research from 20 individuals whose professional identities run the gamut from musician to songwriter to student to educator to music therapist to ethnomusicologist. The book’s scope is perhaps the most exciting aspect of Navigating Music and Sound Education.
Kari K Veblen
University of Western Ontario
British Journal of Music Education
October 2011
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