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The Cambridge Handbook of Technical Standardization Law from PART V - Trademarks, Certification and Standards
Published online by Cambridge University Press: 04 September 2019
Certification mark law – a branch of trademark law – itself enables consequences that undermine the law’s own goals through inadequate regulation or oversight. Because the law allows certification standards to be kept vague, high-level, and underdeveloped, a certifier can choose to exclude certain businesses inconsistently or arbitrarily, even when those businesses’ goods or services would seem to qualify for the certification mark (particularly to consumers). Moreover, even when a certification standard is clear and complete, certifiers can wield their marks anticompetitively.
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