International Protection of Jewelry by Intellectual Property Law

Extract

[...] In addition, the weakness of the means allocated to customs actions, essential to curb the circulation of counterfeits, is added. In certain regions of West Africa or Southeast Asia, national authorities lack training, human resources, and adapted technologies to effectively identify and intercept illicit products. Despite the international legal arsenal available, the protection of jewelry creations remains unequal in practice and limited by economic and strategic obstacles. B. The limits to protection for sector actors Beyond the legal obstacles, the protection of jewelry creations is hindered by economic and strategic limitations that particularly affect small sector actors. [...]

[...] The high cost of international registration is a major obstacle. In fact, registering a design or model via the Hague system in twenty countries can represent several thousand euros.16, a sum often inaccessible to young creators or independent houses. This financial imbalance largely favors established big brands such as Cartier, which have the necessary resources to secure their portfolio of rights worldwide. Furthermore, in the event of a dispute, the difficulty in proving prior use or ownership of rights is another significant limitation. [...]

[...] By international protection, we understand here the legal framework ensured by international treaties allowing for mutual recognition of rights in different states. International instruments of law exist to protect these creations. However, their implementation in the field of jewelry remains unequal and raises concrete difficulties3. The interest of the subject is triple. In fact, it is economic because jewelry represents an important part of the global luxury industry4. It is also legal because the subject puts to the test the effectiveness of current international legal instruments. [...]

[...] In countries were members of this system, thus offering centralized and economically efficient protection to the actors in the jewelry sector.11. In addition, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), integrated into the framework of the World Trade Organization imposes on its 164 member states the respect of minimum standards for the protection of intellectual property as well as the existence of effective mechanisms for recourse against counterfeiting, a necessary stake for luxury brands often victims of illicit copies. [...]

[...] This protection only targets the technical and not aesthetic aspects of the object. The entire range of these possibilities must be harmonized in order to protect intellectual property rights on an international scale. B. An international framework structuring multilateral protection The protection of jewelry creations is inscribed in an international framework structured to facilitate the recognition and defense of intellectual property rights on a multilateral scale. This structure has largely imposed itself given the international activity of major jewelry companies. [...]