Protecting Global Brands: Toward a Global Norm

Abstract

In 1995, the World Trade Organization bound member countries to new standards of foreign trademark protection. Developed countries were given a year to bring their national trademark regimes into compliance. Other countries were allowed from 5 to 11 years. In the past 7 years, governments have taken many steps to reach compliance. Nonetheless, many countries fall short of the envisaged global norm. To better understand the challenges of the past several years, the authors focus on the state of national trademark regimes on the eve of the establishment of the World Trade Organization. The authors particularly address how contagion influence, resource constraints, and xenophobia affected treaty participation, domestic trademark law, application processing, and the relative treatment of foreign and domestic applications. The authors analyze data for 62 countries, which suggest that distinct patterns of foreign trademark protection existed for developed countries, newly industrialized countries, less developed countries, and transitional economies. The authors explain the managerial implications of these findings and argue that there is evidence that countries are moving toward global norms in trademark protection. However, an international treaty is the beginning, not the end, of this process.