Charlotte Duly of the MARQUES Education Team reviews “Certification and Collective Marks, Law and Practice”, third edition by Jeffrey Belson (published by Edward Elgar Publishing, priced £165 for the hardback and available here).

The third edition of the go-to reference on collective and certification marks contains important updates on these fairly niche and interesting types of trade marks. This book remains the only complete volume devoted to certification and collective marks and covers multiple jurisdictions including the UK, EU and the US.

This latest edition features developments such as the introduction of geographical indications (GIs) for non-agricultural products in the EU.

This book is a must-read text for legal practitioners in this field, covering a thorough analysis of the relevant laws, and the background and development of these specialist trade marks and standards more generally.

The text explains in accessible detail the roles of various standard setting bodies globally such as the World Trade Organization (WTO), International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC) along with the WTO General Agreement on Tariffs and Trade (GATT) system. The complexity and breadth of the subject matter certainly warrants its own text.

As this edition has been published post-Brexit (we cannot escape this topic), the EU CE marking scheme is discussed in the context of the implications on the UK’s withdrawal and the creation of the UKCA mark.

UKCA marking now applies in the UK to most products for which the CE mark was previously used. The interplay with the CE mark is discussed and there is a useful explanation of the various European technical standards bodies.

Expanded on and updated from the previous editions is the section on eco labelling and the ever increasing importance of environmental claims. The issue for dealing with eco labels, such as complaints to the UK Advertising Standards Authority (ASA) is covered, as is regulation of this topic elsewhere, such as the US.

France’s carbon neutrality claims legislation is also covered, making this an extremely wide-ranging source that will be useful to many who want to make green claims or consider challenging those who have done so.

This edition also includes a section dedicated to the electronic authentication of products, a continually evolving field which is helpfully explained.

The lack of texts on certification and collective marks is perhaps reflective of the fact they are complicated and there are multiple layers that need to be considered, including where marks may not be a true certification or collective mark under the legislation but may act as one.

The latest edition of this is an incredibly valuable asset to trade mark practitioners and wider intellectual property community, and is likely to be a well-utilised resource for those working in the field or in the ancillary areas touched on such as environmental claims.