This claim, which was settled after a longstanding dispute in 2008, supports the notion that legal copyright protection is unlikely affecting the appropriate humanitarian use of the Red Cross symbol, either in- or outside of the United States. Interestingly, a lawsuit over the use of the Red Cross symbol achieved recent international recognition, when the global pharmaceutical and medical device company Johnson&Johnson sued the American Red Cross over its use of the Red Cross trademark on commercial products. Clearly, in light of its underlying humanitarian significance, the Red Cross emblem must be protected within specified limits from unauthorized use or misuse, whether by deliberate intention or inadvertent occurrence. The same applies to the official authorization for the use of the symbol of the Red Cross, which is restricted by ICRC regulations, and by national Red Cross organizations and their respective local chapters and branches. The appropriate use of national emblems (and its restrictions) is defined by official governmental orders and national laws. Common geometric forms are precluded from this definition. Only works defined as “creative art“ can be copyrighted, and an artwork must be sufficiently original to be eligible for copyright. Įxamples of current generic use of the Red Cross emblem.įrom an international copyright law perspective, emblems of pure geometrical design, such as the Swiss flag or Red Cross, are not legally protected. The current year marks the 150 th anniversary of founding of the ICRC, and the Red Cross has evolved to an internationally respected and trusted humanitarian symbol. Jean-Henri Dunant was later awarded the first Peace Nobel Prize for this achievement in 1901. The founding of the ICRC laid the foundation to ameliorate the condition of wounded soldiers, and to guarantee the protection of neutral medics, ambulances, and field hospitals during armed conflicts. The official Red Cross emblem was designed as the inverse of the Swiss flag, in honor of Dunant’s Swiss citizenship (Figure 3B). This work, in conjunction with Dunant’s tireless advocacy, inspired the creation of the International Committee of the Red Cross (ICRC) in 1863. He wrote a book entitled “ Un Souvenir de Solférino” which described the aftermath of the battle and the suffering of the wounded soldiers deprived of medical care. While touring the battlefield, Dunant observed more than 40,000 dead and wounded soldiers. More than 300,000 troops fought this monumental battle in a single day, which resulted in the defeat of the Austrian Army by an alliance of French and Sardinian troops. He accidentally witnessed the aftermath of the Battle of Solferino, a small town south to the Lake of Garda, in the evening of J(Figure 5). Clearly, the purpose of this article is not meant to be condescending or indoctrinating, but rather aimed at shedding some light on the interesting historic background on the origin of the Swiss flag and Red Cross, and to potentially clarify a widespread misperception.ĭuring the summer of 1859, the Swiss businessman Jean-Henri Dunant traveled to Northern Italy on a business trip. This most recent anecdotal episode set the incentive for the drafting of this editorial. However, I was recently stunned to notice that the new Emergency Room of our own University Hospital in Colorado is also “misbranded” with the Swiss cross (Figure 2). In general, I would deem such a trivial oversight as unworthy of a formal correction. This misconception appears to be increasingly prevalent throughout the United States. The root cause is likely attributed to an unintentional mix-up of the Swiss flag with the Red Cross emblem. Indeed, I encounter the Swiss flag regularly in football stadiums, ballparks, and concert arenas, owing to the unequivocal earmarking of first aid stations and first aid responders at popular venues (Figure 1). As a dual Swiss-US citizen, I have been astonished for many years about the sheer quantity of Swiss National flags decorating the United States.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |