A Sustainability and Cultural Perspective on Distinctive Signs
Chair: Prof. Christophe Geiger (Luiss University and Director of ILEO)
Date and Time: February 19, 2025, 2:30–4:00 PM.
Room: 14, 11 Via Parenzo
Please register and confirm your attendance at ileo@luiss.it (mandatory for external visitors to enter the Luiss premises)
Abstracts:
Navigating the Complexities of Trademark Law in a Circular Economy: Comparative, Ethical, and Sustainability Perspectives on Upcycling
Irene Calboli
In her presentation, Professor Calboli will elaborate on her recent scholarship on upcycling, an increasingly popular and contested practice in which old products are “rejuvenated” by adding new elements and decorations, or transformed into new products from the originals. Because it reuses and repurposes old products, upcycling is often defined as an environmentally friendly practice that promotes a circular economy and sustainability. However, upcycled products are often luxury goods that prominently display logos and patterns from the original product. This has led to widespread opposition from trademark owners, who argue that these “materially different” goods can cause consumer confusion and dilute their marks. Courts in several jurisdictions are still grappling with the issue, although some courts seem to agree with trademark owners' positions. In this presentation, Professor Calboli analyzes these decisions and presents several arguments for courts to accept upcycling as a lawful practice. In particular, she argues that upcycling activities—especially when clearly communicated through labeling and disclaimers—should not be considered trademark infringement or dilution. Instead, they should fall under current trademark defenses, particularly trademark exhaustion, trademark fair use, and the fundamental principle of freedom of expression.
The Legal Architecture of Identity: Trademarks and Geographical Indications as Governance Mechanisms for Cultural Heritage
Anna Zielkiewicz
In her presentation, Dr. Zielkiewicz explores how intellectual property law—particularly trademark law and geographical indications—is being re-engineered to operate within cultural heritage rather than merely alongside it. The focus is on crafting identity as a legal process, where geographical indications shape place-based identity, while trademarks articulate commercial identity. These IP regimes are examined not as static legal categories, but as dynamic instruments that shape popular culture, branding practices, and contemporary market narratives. A central strand of her work examines territorial embeddedness and the strategic role of geographical indications for crafts as tools for cultural resilience, economic sustainability, and territorial empowerment. She analyzes how GI and trademark law can move beyond classical protection to function as governance mechanisms, enabling territories to translate heritage into durable legal and economic value, without reducing it to mere ornament or a fleeting trend.
About the Speakers:
Irene Calboli is Regents Professor of Law at Texas A&M University, Academic Fellow at the University of Geneva, and Visiting Professor at several universities, including SciencesPo Paris, the University of Melbourne, and Bocconi University. She previously held the position of Fulbright-Hanken Distinguished Chair in Business and Economics in Finland and served as a Fulbright Specialist in Cambodia. Irene has published 12 books and over 100 articles, book chapters, and policy reports. She regularly advises national governments and IP Offices and serves as an Expert for the World Intellectual Property Organization, the World Trade Organization, and the U.N. International Trade Center. She is an elected member of the International Academy of Comparative Law, the American Law Institute, and the European Law Institute, where she co-chairs the IP special interest group. Her recent scholarship focuses on the relationship between IP rights and the circular economy in the context of sustainable and ethical economic development.
Dr. Anna Zielkiewicz, LL.M., is an intellectual property law scholar and educator whose work stands out for its rare interdisciplinary approach and her ability to rethink established legal concepts through the lenses of culture, creativity, and development. She holds a PhD in Law and is currently affiliated with Luiss Guido Carli University in Rome and the Innovation Law and Ethics Observatory (ILEO), an interdisciplinary research hub addressing intellectual property, innovation, and creativity. Her academic journey has taken her to leading international institutions, including research stays at the University of Strasbourg and New York University (NYU). She has also gained professional experience at the European Union Intellectual Property Office (EUIPO) and served as an external expert at the World Intellectual Property Organization (WIPO), where she also acts as a neutral party at the WIPO Arbitration and Mediation Center. She lectures on IP, art law, fashion law, and emerging forms of communication. Her research offers original perspectives on intellectual property and cultural heritage, advancing a critical understanding of intellectual property as a structuring force in contemporary culture. She pays particular attention to trademarks and geographical indications for crafts and skills, as well as their impact on creative economies.