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A Study of Legal Issues Regarding the Parody of Business Trademarks in Artwork
Trademarks law;Trademark parody;Right to discourse;Freedom of art expression
|Issue Date: ||2013-12-30T06:39:27Z
Assistant Professor of National Changhua University of Education, Department of Art Many Taiwanese artists applied trademarks or images of corporations, and most of these trademarks belong to multinational corporations. Hitherto no Taiwanese artist has been sued for using trademarks but some designers using business trademarks were warned and asked to withdraw their works or erase the trademarks from their works. The usage of trademarks brings different effects, depending on the creator's motives and styles. Different to the purposes of emphasizing their identifiability and consumers' recognition, trademarks used in art usually are the criticism on social issues by the artists. Some court decisions about disputes over trademark appropriation in the U.S. and in Europe have activated various studies which provide valuable legal and academic opinions. In Taiwan, appropriation of trademarks not only involves legal disputes but also brings forth issues regarding the right to discourse of a society adhering to dominant cultures. This study starts from an overview of intellectual property right, along with the development and enaction of intellectual property laws in Taiwan. Then, it investigates the connotation of trademark parody and its meanings to free speech. Cases throughout the world are discussed to further the exploration of the relationship between trademark parody and the right to discourse for Taiwanese artists, considering the peculiar cultural and historical status of Taiwan.
|Relation: ||藝術評論, 20: 213-250|
|Appears in Collections:||[美術學系] 期刊論文|
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