Balancing the Interests of Brand Owners and Secondhand Markets

Secondhand markets are instrumental to sustainable development, and the long value chains thereof benefit stakeholders and the circular economy alike. 

Secondhand markets for branded goods are booming but develop under the threat of brand owners bringing trademark infringement suits against resellers, whose outcome often hinges on the authenticity of the disputed goods that brand owners allege only they can determine. 

Moral hazards, unfair competition and even anti-competitive concerns can arise, as exemplified by recent caselaw found in Taiwan and the US. Trademark law and competition law have their limitation in providing the right fix for balancing the interests of secondhand markets of branded products and brand owners. Trademark law clearly needs a broader paradigm to do the job. 

This gets us thinking, where to find the new paradigm that will reshape not only trademark law but IP law as a whole so that it can also help to answer the call of our times: how to sustain our blue planet. The doctrine of corporate social responsibility (or ESG) or the sustainability mandate? And how?

The seminar is arranged by Devrim Göktepe-Hultén & Hsiao-Fen Hsu

Sustainability Week is an annual event where Lund University and Lund Municipality invite people to a week of activities focusing on sustainability. A wide range of topics are discussed during the week, all events are free of charge and everyone is welcome.

Throughout the week, the University - both staff and students - will offer lectures, workshops and exhibitions for adults, children, students and professionals. And much more!

Sustainability Week full program | Sustainability Week webpage at hallbarhetsveckan.event.lu.se