Assessing Development Impacts Associated with Low Emission Development Strategies: Lessons Learned from Pilot Efforts in Kenya and Montenegro

Low emission development strategies (LEDS) articulate economy-wide policies and implementation plans designed to enable a country to meet its long-term development objectives while reducing greenhouse gas emissions. A development impact assessment tool was developed to inform an analytically robust and transparent prioritization of LEDS actions based on their economic, social, and environmental impacts. The graphical tool helps policymakers communicate the development impacts of LEDS options and identify actions that help meet both emissions reduction and development goals. This paper summarizes the adaptation and piloting of the tool in Kenya and Montenegro. The paper highlights strengths of the tool and discusses key needs for improving it

Riding on the Coat-Tails of Traditional Cultural Expressions

Matters related to the protection of traditional cultural expressions (‘TCEs’) or expressions of folklore (‘EoFs’) are sensitive and intricate as a blend of legal, economic, philosophical and anthropological considerations jostle to capture their core features. This results in disparate views surrounding what should qualify as TCEs or EoFs, who should be considered their ‘owner’ (assuming that ownership per se is conceptually compatible with these items), which is the most appropriate legal protection regime and how broad their scope of protection should be. Drawing from these various accounts on TCEs, this article focuses on the interaction between TCEs and EoFs originating on the European continent and the European Union (‘EU’) trade mark legislation. Specifically, this article examines whether the limitations of the effects of trade mark rights and of the absolute grounds of refusal, as developed by the case law of the Court of Justice of the European Union, are effective in preserving the cohesion of TCEs. This article advances the thesis that registration of TCEs and EoFs as trade marks generates an imbalance between the rights of the trade mark owner and the defences available to others under the EU trade mark law framework. Furthermore, such an imbalance is likely to hinder the unfettered circulation of TCEs and undermine their original meaning. Lastly, in some cases, trade mark registration of TCEs contributes to their appropriation and misappropriation. The article concludes that, de lege ferenda, the direct exclusion of TCEs as eligible subject matter for trade mark registration is preferable to seeking a post factum remedy