讲座题目：Towards a New Relationship between Trade Mark Law and Psychology
讲座嘉宾：Robert Burrell, 英国谢菲尔德大学suncitygroup太阳集团 经理、教授
讲座时间：2017年10月23日早上9:05-10:15
讲座地点：青岛校区振声苑E204
讲座主持：沈伟教授
支持单位：康桥律师事务所
讲座嘉宾简介：
Robert Burrell is Professor of Law and Head of School at the School of Law, University of Sheffield. He also holds a visiting position as Professor at the Melbourne Law School, University of Melbourne (Australia). Robert’s previous academic positions include posts at the Australian National University and King’s College London. He has been a Herbert Smith Visiting Fellow at the University of Cambridge and Visiting Professor at the Benjamin N. Cardozo School of Law in New York. Robert teaches and researches in the field of intellectual property law, focusing on copyright and trade mark law. He is the author, with Allison Coleman, of Copyright Exceptions: the Digital Impact (Cambridge University Press, 2005) and, with Michael Handler, of Australian Trade Mark Law (Oxford University Press, 2010; 2nd ed. 2016). His work has been cited by the High Court of Australia, the Federal Court of Australia, the Supreme Court of New Zealand, the Court of Appeal of England and Wales and in an Opinion of an Advocate General to the European Court of Justice.
讲座主题简介：
On paper there ought to be a close relationship between the trade mark law and psychology. Trade mark law turns on how consumers are likely to respond to trade indicia used on or in relation to goods and services and is ultimately concerned with the need to avoid a particular group of mental states. Psychology can provide insights into how consumers are likely to respond to things they see and hear, can help us finesse what we might mean by the mental states that trigger legal intervention (‘caused to wonder’, ‘confused’, ‘deceived’, ‘initially interested’) and tell us when one of these mental states is most likely to arise. In practice, however, insights from psychology have had little impact on development of trade mark law in common law countries. In this paper I want to suggest that insights from psychology can and should play a more important role in trade mark law, but that articulating this role needs to be handled with care.
