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h replication, and with accessibility do exist. In addition, the patent specification does not give access to further know-how which might be critical to the practical use of the invention. But it is pointed out that patent offers relevant information more quickly and in a greater amount than other sources such as technical and research literature.

 

Justifications for the protection of trade marks

Trade marks can be regarded as serving three main goals: first, a registered trade mark is an item of property which protects the proprietor's commercial reputation and goodwill; secondly, it helps to maintain a highly competitive and prosperous economy by providing consumers with increasing choices of goods and services; thirdly, by indicating the source of goods and services, a trade mark prevents the buying public from purchasing inferior goods and services in the mistaken belief that they originate from or produced by another firm; fourthly, the legal protection of trade marks is a means of promoting fair competition and preventing unjust enrichment.

 

Although some consider the legal protections for trade marks as self-evident because the existence of trade marks “converts social distrust into mutual understanding,”a number of criticisms have been made against the enormous market power conferred by such trade marks as COCA-COLA.

 

The rationales adopted to justify the legal protection for trade marks can be divided into three ways: natural rights arguments, reward arguments, utilitarian arguments.

 

Natural rights arguments

 

It is argued that the natural law arguments used to justify the legal ground for copyright and patent do not apply to trade marks. As was discussed above, natural rights theories concentrate on the protection of creator's labour and personality involved in the creation of the intellectual properties. As far as trade marks are concerned, while the identifiable indication of commercial reputation is an integral part of a business and thereby owned by its proprietor, it is as much created by the consumers and the public. Consequently, it is hard to justify trade marks or goodwill which results from combination efforts of the trade marks proprietors, the customers and the public as creations.

 

Reward arguments

The reward rationale argues that the inventor's investment in producing an identifiable trade mark should be rewarded by means of legal protection. Trade mark law helps to ensure a producer that it will reap both financial and reputation-related rewards associated with a quality product.

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