Trends in Labels Regulations. Requiem to Trademark Law?
Trademarks and labels are capacitors and communicators of information. These signs allow a greater transparency in the market and are constituted for the consumer in a reference of the business source, quality and guarantee (among others), thus assisting him to opt for the product or service of his preference in a more informed way. Trademarks and labels also allow to fight against spurious products and fight those who unscrupulously use third-party trademarks to surprise consumers with the risk of affecting their health and integrity. At a multilateral and national level, regulations have been developed to regulate the information contained in product labels and the characteristics of the packaging and label, in many cases, displacing the trademark or copying the product label. Recognizing that there are reasons of public interest that may motivate requirements for the incorporation of certain information or regulations on labels and packaging, trademark law is confronted with the need for the measures implemented to meet, among others, the criteria of reasonableness and proportionality or otherwise, that right runs the risk of being without effect and condemned to extinction. Speakers will present the experience that is lived on this subject at a multilateral level and in specific jurisdictions and how it interacts and impacts trademark law.