Journal Article

Regulation and brand value

Ben Allgrove

in Journal of Intellectual Property Law & Practice

Volume 1, issue 10, pages 645-648
Published in print September 2006 | ISSN: 1747-1532
Published online August 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl111
Regulation and brand value

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Legal context. IP rights are dependent on the public policy considerations which provide the justification for their granting. However, when regulation impacts on the exercise of IP rights, there is often a clash of public policy considerations.

Key points. This article considers what happens when that clash occurs, concluding that, in all cases, IP rights will be trumped by the public policy considerations which underlie the regulation, often with no basis for claiming compensation notwithstanding the obvious and very real economic impact on the rights owner. Unfortunately, the markets do not always take this risk into account when valuing premium brand companies.

Practical significance. This conclusion may have serious implications for premium brand companies, especially in heavily regulated fields like alcohol, food, pharmaceuticals, and tobacco.

Journal Article.  2725 words. 

Subjects: Arbitration ; Intellectual Property Law

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