Creating the Missing Link: Applying Collective Marks to Create Clusters

Roya Ghafele Bashi

Research output: Contribution to journalArticlepeer-review

Abstract

Legal context Collective trademarks offer an adequate institutional setting to create clusters. The legal framework provided by this form of IP right offers an enabling environment for the creation of cooperative business arrangements, as applied in clusters. In particular, they allow small- and medium-sized enterprises to intensify their degree of interaction, so to build up networks, thus reducing costs and dependence on large firms, while at the same time increasing systems of collaboration.

Key points While the positive externalities provided by clusters are well researched, the IP aspect has been largely ignored. This is observed in theory, as well as in practice. While the business literature is rich on empirical and theoretical arguments on the functioning of clusters, the role IP law takes in the creation of clusters has gone largely unnoticed.

Practical significance This article seeks to provide the missing link and explain why, how, and under which circumstances the application of collective trademarks is a crucial element for the creation of clusters. While the first part of this paper provides the theoretical underpinning, the second part offers an overview of various empirical illustrations of the argument.

Original languageEnglish
Pages (from-to)57-66
Number of pages10
JournalJournal of Intellectual Property Law & Practice
Volume4
Issue number1
DOIs
Publication statusPublished - 2009

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