A Sustainability and Cultural Perspective on Distinctive Signs
Chair: Prof. Christophe Geiger (Luiss University and Director of ILEO)
Date and Time: February 19th, 2025, 14:30 – 16:00 h.
Room: 14, Via Parenzo 11
Please register and confirm your attendance at ileo@luiss.it (mandatory for externals 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, which has led to widespread opposition from trademark owners and the argument that these "materially different" goods can cause consumer confusion and dilution of their marks. Courts in several jurisdictions are still grappling with the issue, even though 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 supports that upcycling activities, particularly when clearly communicated through labeling and disclaimers, should not be considered trademark infringement or dilution and fall under current trademark defenses, especially 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 interrogates on how intellectual property law — in particular 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, in which geographical indications structure place-based identity, while trademarks articulate commercial identity. These IP regimes are examined not as static legal categories, but as dynamic instruments shaping 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 of 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 ornament or transient 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 is a past Fulbright-Hanken Distinguished Chair in Business and Economics in Finland and a Fulbright Specialist in Cambodia. Irene has published 12 books and more than 100 articles, book chapters, and policy reports. She regularly advises national governments and IP Offices and is 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 is the co-chair of 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 is distinguished by a rare interdisciplinary approach and a capacity 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, Innovation Law and Ethics Observatory (ILEO), an interdisciplinary research hub addressing intellectual property, innovation, and creativity. Her academic trajectory spans premier international environments, including research stays at the University of Strasbourg and New York University (NYU), professional experience e.g., at the European Union Intellectual Property Office (EUIPO), and appointments as an external expert at the World Intellectual Property Organization (WIPO), where she also serves as a neutral at the WIPO Arbitration and Mediation Center. She lectures in IP, art law, fashion law, and emerging forms of communication, and 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, with particular attention to trademarks, geographical indications for crafts and skills, and their impact on creative economies.