Table of Contents

Research Handbook on Intellectual Property and Geographical Indications

Research Handbook on Intellectual Property and Geographical Indications

Research Handbooks in Intellectual Property series

Edited by Dev S. Gangjee

Provenance matters like never before. Legal regimes regulating the use of Geographical Indications (GIs) protect commercially valuable signs on products – such as Darjeeling and Champagne – which signal the link to their regions of origin. Such regimes have been controversial for over a century. A rich, interdisciplinary work of scholarship, this Research Handbook explores the reasons for and consequences of GIs existing as a distinct category within intellectual property (IP) law. Historians, geographers, sociologists, economists and anthropologists join IP specialists to explore the distinguishing feature of GIs, that certain products are distinctively linked or anchored to specific places.

Chapter 6: Geographical Indications under TRIPS

Daniel Gervais

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law

Extract

The TRIPS Agreement signed in April 1994 imposed on all Members of the World Trade Organization (WTO) (a) an obligation to protect Geographical Indications (GIs) against deceptive uses, and (b) an obligation to protect GIs used in connection with wines and spirits at a higher level. In addition, TRIPS Art 23.4 foresees the establishment of a multilateral register for GIs on wines (not spirits) and mandates negotiations to that end, a part of the Agreement’s ‘built-in agenda’. Despite the seemingly arcane character of this debate, it is far from a minor issue. Billions of trade dollars are at stake. Not surprisingly, it has taken centre-stage in the Doha Round. Indeed, the establishment of a multilateral register and/or notification system of GIs as foreseen in TRIPS was portrayed as an essential ingredient of a successful outcome in the (ongoing) Doha Round. In an effort to move the international registration debate forward, a detailed set of proposals by WTO members was consolidated into a composite draft text by the Secretariat in April 2011. In the more recent past, it was one of the obstacles to completing negotiations on the Transpacific Partnership (TPP). It may be even harder to solve in the context of the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States.

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