Relocating the Law of Geographical Indications

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107375630
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

Download or read book Relocating the Law of Geographical Indications written by Dev Gangjee and published by Cambridge University Press. This book was released on 2012-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.

The Law of Geographical Indications

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Author :
Publisher : Cameron May
ISBN 13 : 1874698996
Total Pages : 496 pages
Book Rating : 4.8/5 (746 download)

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Book Synopsis The Law of Geographical Indications by : Bernard O'Connor

Download or read book The Law of Geographical Indications written by Bernard O'Connor and published by Cameron May. This book was released on 2004 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names.

The Protection of Geographical Indications in China

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353401X
Total Pages : 579 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Protection of Geographical Indications in China by : Xinzhe Song

Download or read book The Protection of Geographical Indications in China written by Xinzhe Song and published by Kluwer Law International B.V.. This book was released on 2021-11-23 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

Geographical Indication and Global Agri-Food

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Author :
Publisher : Routledge
ISBN 13 : 0429895127
Total Pages : 245 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Geographical Indication and Global Agri-Food by : Alessandro Bonanno

Download or read book Geographical Indication and Global Agri-Food written by Alessandro Bonanno and published by Routledge. This book was released on 2019-06-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.

The Protection of Geographical Indications

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035332264
Total Pages : 733 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws which regulate the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. Key updates include new material exploring the 2023 Regulation on GIs for craft and industrial products, and the protection of wine GIs under the Common Organisation of Agricultural Markets (CMO).

EU Law on Indications of Geographical Origin

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Author :
Publisher : Springer
ISBN 13 : 3319056905
Total Pages : 385 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis EU Law on Indications of Geographical Origin by : Vadim Mantrov

Download or read book EU Law on Indications of Geographical Origin written by Vadim Mantrov and published by Springer. This book was released on 2014-07-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.

Geographical Indications for Food Products

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167404
Total Pages : 202 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Geographical Indications for Food Products by : Marsha A. Echols

Download or read book Geographical Indications for Food Products written by Marsha A. Echols and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this indispensable volume nearly a decade ago, great changes have taken place in the national and international legal and regulatory frameworks for geographical indications (GIs) systems for food products. Rather than limitation (designed to prevent the use of ‘culture’ for protectionist purposes), the preponderance now favours recognition of GIs, with enforcement directed at protection. While the World Trade Organization (WTO) and its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) remain the multilateral legal benchmarks for GIs, the field has been assertively entered by the World Intellectual Property Organization (WIPO) with the 2015 Geneva Act (which adds GIs to the Lisbon Agreement), national laws in key jurisdictions, and bilateral and proposed mega-regional trade agreements with provisions on food vastly more detailed than the relevant TRIPS articles. Still notable for its thorough exploration of the meaning of the TRIPS commitments, the second edition brings to its commentary and guidance a new perspective that takes the changed conditions fully into account. With no sacrifice of depth, the author covers a wide range of issues such as the following: • estimates of the value added by origin and tradition; • GIs as a tool for national and local development; • growing importance of the concepts heirloom, heritage, and local; • minimum standards of protection under TRIPS; • administration and policing of product characteristics; • procedures followed by the European Union, India, Japan and others; • applicable laws concerning labelling and unfair business practices; • traditional communal nature of GIs versus private property characterization; • significance of the WTO’s Agreement on Technical Barriers to Trade; • administrative and procedural rules at WTO, regional, and national levels; • the role of the Codex Alimentarius; and • the role of the TRIPS Council. Given that experience and research have revealed the great financial and cultural value of GIs, this thoroughly updated detailed analysis and interpretation of current trends in food product regulation worldwide is of crucial importance to an adequate understanding of the trade rules that apply to the recognition, protection, and enforcement of GIs and competing names. It is sure to be of great value to those concerned with this specialized field, whether practitioners, food producers and traders, jurists, officials, policymakers, or academics.

Research Handbook on Intellectual Property and Geographical Indications

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719471
Total Pages : 596 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Intellectual Property and Geographical Indications by : Dev S. Gangjee

Download or read book Research Handbook on Intellectual Property and Geographical Indications written by Dev S. Gangjee and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

Extending the Protection of Geographical Indications

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Author :
Publisher : Routledge
ISBN 13 : 1136478795
Total Pages : 385 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Extending the Protection of Geographical Indications by : Michael Blakeney

Download or read book Extending the Protection of Geographical Indications written by Michael Blakeney and published by Routledge. This book was released on 2013-03-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

Intellectual Property Rights for Geographical Indications

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443896349
Total Pages : 245 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Intellectual Property Rights for Geographical Indications by : Mario Veneziani

Download or read book Intellectual Property Rights for Geographical Indications written by Mario Veneziani and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulations on Intellectual Property Rights (IPRs) and Geographical Indications (GIs) have a long history, leading back to two separate organizations devoted to dealing with them: the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). The WTO, through its 1994 TRIPS Agreement, gives wines a high level of protection, but leaves individual countries to draw up national GIs legislation for other agri-food products. On the other hand, the WIPO implemented the Lisbon Agreement of 1958 and gives GIs a high level of protection, but involves a lower number of countries. The US approach follows the WTO and is based on existing trademarks and competition legislation, while the EU legislation is partly based on the Lisbon Agreement and has a sui generis legislation, giving a high level of protection to agri-food GIs. The two different legislative approaches on IPRs on GIs are a source of political and economic debate between the US and the EU that impact massively on agri-food supply chains, consumer relations, and environmental and cultural aspects, as well as trade. This book provides insights into the potential impacts that the future Transatlantic Trade and Investment Partnership (TTIP) agreement could have at national, European and international level, and covers areas such as policy setting, implications for trade and consumer perception, food safety, and rural and local development. As such, it will provide a reference point for researchers and academics in agricultural and rural economics and law, as well as policy makers.

The Lisbon System

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Publisher : WIPO
ISBN 13 : 9280520180
Total Pages : 6 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis The Lisbon System by : World Intellectual Property Organization

Download or read book The Lisbon System written by World Intellectual Property Organization and published by WIPO. This book was released on 200? with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lisbon System facilitates the international protection of appellations of origin through one single registration procedure. The Lisbon system does away with the need to file multiple registrations at different offices and covers over two dozen countries in Africa, Asia, Europe, and Latin America.

The Protection of Geographical Indications

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975413
Total Pages : 562 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

The Law of Geographical Indications

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Author :
Publisher :
ISBN 13 : 9788171773176
Total Pages : 558 pages
Book Rating : 4.7/5 (731 download)

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Book Synopsis The Law of Geographical Indications by : Vandana Singh (Lawyer)

Download or read book The Law of Geographical Indications written by Vandana Singh (Lawyer) and published by . This book was released on 2017 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Made Only in India

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317351746
Total Pages : 250 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Made Only in India by : Anu Kapur

Download or read book Made Only in India written by Anu Kapur and published by Taylor & Francis. This book was released on 2015-12-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes Darjeeling tea, Pashmina shawl, Monsooned Malabar Arabica coffee and Chanderi saree special? Why is it that some goods derive their uniqueness through their inherent linkage to a place? In a pioneering study, this book explores this intriguing question in the Indian context across 199 registered goods with geographical indications, linked with their place of origin. It argues that the origin of these goods is attributed to a distinctive ecology that brews in a particular place. The attributes of their origin further endorse their unique geographical indications through legal channels. Drawing from a variety of disciplines including geography, history, sociology, handicrafts, paintings, and textiles, the author also examines the Geographical Indications Act of 1999, and shows how it has created a scope to identify, register and protect those goods, be they natural, agricultural, or manufactured. The work presents a new perspective on the indigenous diversities and offers an original understanding of the geography and history of India. Lucid and accessible, with several illustrative maps, this book will be useful to scholars and researchers in the social sciences, environmental studies, development studies, law, trade and history.

Intellectual Property and Traditional Knowledge in the Global Economy

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Author :
Publisher : Routledge
ISBN 13 : 1317701917
Total Pages : 228 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Intellectual Property and Traditional Knowledge in the Global Economy by : Teshager W. Dagne

Download or read book Intellectual Property and Traditional Knowledge in the Global Economy written by Teshager W. Dagne and published by Routledge. This book was released on 2014-09-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Evaluating geographical indications

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Author :
Publisher : Food & Agriculture Org.
ISBN 13 : 9251348693
Total Pages : 179 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Evaluating geographical indications by : Giovanni Belletti, G., Marescotti, A.

Download or read book Evaluating geographical indications written by Giovanni Belletti, G., Marescotti, A. and published by Food & Agriculture Org.. This book was released on 2021-11-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geographical indications represent a powerful way to foster sustainable food systems through territorial approaches and market linkages, especially for small-scale actors. In this perspective, and following the FAO publication methodologies of the origin-linked virtuous circle, local actors need to well define their geographical indication (GI) system and, more specifically, the product specifications as well as monitor and evaluate the impacts and readjust the system as necessary for the reproduction of local resources. These guidelines aim at providing a detailed and stepwise approach with specific tools to help practitioners in establishing their framework in relation with their objectives and local conditions, to help both the qualification though a prospective evaluation, and the reproduction of local resources though retrospective evaluation.

Academic Brands

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Publisher : Cambridge University Press
ISBN 13 : 110889819X
Total Pages : 247 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Academic Brands by : Mario Biagioli

Download or read book Academic Brands written by Mario Biagioli and published by Cambridge University Press. This book was released on 2022-07-21 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of the emergence of academic brands, this book explores how the modern university is being transformed in an increasingly global economy of higher education where luxury is replacing access. More than just a sign of corporatization and privatization, academic brands provide a unique window on the university's concerns and struggles with conveying 'excellence' and reputation in a competitive landscape organized by rankings, while also capitalizing on its brand to generate revenue when state support dwindles. This multidisciplinary volume addresses topics including the uniqueness of academic brands, their role in the global brand economy of distinction, and their vulnerability to problematic social and political associations. By focusing on brands, the volume analyzes the tensions between the university's traditional commitment to public interest values – education, research, and the production of knowledge – and its increasingly managerial culture framed by corporate, private values. Available as Open Access on Cambridge Core.