School of Law

Contact Details

Dr César J Ramírez-Montes

Lecturer

I am a lecturer in Intellectual Property and the Erasmus/JYA Coordinator in the Law School.

I joined the School of Law in 2009. I graduated from Oxford where I read for the MJur/BCL, an MSt and a DPhil. My doctoral thesis was on a comparative critique of the concept of trade mark dilution in the US and Europe. I have been a visiting scholar at Wisconsin University and Louisville University in the US and Rennes University in France.

Research Interests

My research interests focus primarily on the whole range of Intellectual Property Rights, ie Copyright, Patents, Trade Marks and Design Rights, and their relationship with competition and human rights. In connection with human rights, I am particularly interested in the intersection between free speech and copyright/trade marks.

Teaching

I am currently the module leader for the undegradaute module in Intellectual Property and  I am also part of the team teaching the the Law of Torts.

At postgraduate level, I am the module leader for two modules: Trade Marks and Digital Copyright. 

PhD Supervision

I welcome applications from students interested in any Intellectual Property right and their relationship with Human Rights (free speech, data protection, access to education and health care, etc.) and unfair competition.

Key Publications

Journal articles

  • Ramirez-Montes CJ, ‘A Re-Examination of the Original Foundations of Anglo-Ameriacan Trade Mark Law’, Marquette Intellectual Property Law Review, 14.1 (2010), 91-165

    Author URL [law.marquette.edu]

    Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire to vindicate any specific private interest.

  • Ramirez-Montes CJ, ‘Trade mark dilution in Mexico - The untrodden path for Mexican courts’, IIC-INT REV INTELL P, 38.4 (2007), 429-453

Reports

  • Ramirez-Montes CJ, The Marrakesh Treaty, in The Marrakesh Treaty, (European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs, 2016), 1-88
    Repository URL: http://eprints.whiterose.ac.uk/110017/

    This study, commissioned by the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs upon request by the PETI Committee, provides an analysis of the Marrakesh Treaty to Facilitate Access to Copyright Works for the Blind or Print-Disabled. It explains the background and movements that led to its proposal, negotiation and successful adoption. It then considers the Treaty’s current situation in relation to its content and issues around its ratification, particularly by the EU. It finally examines future developments around copyright reform and makes recommendations to EU institutions and Member States.

© Copyright Leeds 2018