Bad Faith in European Trade Mark Law

Analyses how the European Court of Justice has interpreted the EU law rules against the registration of a trade mark or Community trade mark by an applicant in bad faith. Reviews case law from the UK courts, Office of Harmonisation in the Internal Market and Community courts on the role of bad faith as a moral standard. Considers case law on the narrow interpretation of bad faith in view of other EU provisions limiting trade marks.

Authorizing a tradition: Theory, criticism and (self-) canonization in French Caribbean writing

As critics have noted, Antillean literature has developed in tandem with a strong (self-) critical and theoretical body of work. The various attempts to theorize Antillean identity (négritude, antillanité, créolité) have been controversial and divisive, and the literary scene has been characterized as explosive, incestuous and self-referential. Yet writers aligned with, or opposed to, a given theory often have superior visibility. Meanwhile writers who claim to operate outside the boundaries of theory, such as Maryse Condé, are often canny theoretical operators who, from prestigious academic or cultural positions, manipulate readers’ responses and their own self-image through criticism. While recent polemics have helped to raise the critical stock of the islands generally, they have particularly enhanced the cultural capital of Chamoiseau and Condé, whose literary antagonism is in fact mutually sustaining. Both writers, through a strong awareness of (and contribution to) the critical field in which their work is read, position themselves as canonical authors.