Trademark licensing between differences and convergence: a comparative and critical overview

Authors

Irene Calboli, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

8-2025

ISBN

9781839108730

DOI

10.4337/9781839108747

Abstract

This chapter examines trademark licensing from the perspective of common law and civil law countries. It focuses on the validity requirement of licensing and highlights the differences between common law and civil law, particularly with respect to the notion of “quality control” over the quality of licensed products. While common law countries traditionally require that licensors monitor product quality to guarantee product continuity and protect consumers, civil law countries focus on product quality to protect licensors’ interests in the marks as property. Still, the application and interpretation of licensing validity requirements have become more flexible in recent decades due to the growth of international trade and global supply chains, as well as the strategic use of licensing for financing and settling litigation claims. This chapter examines the differences and ongoing convergence between common law and civil law in these various contexts.

First Page

316

Last Page

336

Num Pages

21

Series

Research Handbooks in Intellectual Property series

Publisher

Edward Elgar Publishing

Editor

Jacques de Werra & Irene Calboli

Book Title

Research Handbook on Intellectual Property Licensing

Edition

2d

Recommended Citation

Irene Calboli, Trademark licensing between differences and convergence: a comparative and critical overview, in Research Handbook on Intellectual Property Licensing 316 (Jacques de Werra & Irene Calboli eds., 2d ed. 2025).
Available at: https://scholarship.law.tamu.edu/facscholar/2291