An Emerging Intellectual Property Paradigm

An Emerging Intellectual Property Paradigm

Perspectives from Canada

Queen Mary Studies in Intellectual Property series

Edited by Ysolde Gendreau

This book brings together contributions from reputed experts on Canadian intellectual property law which highlight its special features. Situated at the crossroads between legal traditions in Europe and the United States, Canada’s intellectual property laws blend various elements from these regions and can offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyrights, covering both historical and contemporary developments. They are designed to bring perspective and reflection upon what has become in recent years a very rich intellectual property environment.

Chapter 3: Canada’s Treatment of Geographical Indications: Compliant or Defiant? An International Perspective

Dianne Daley

Subjects: law - academic, intellectual property law

Extract

Dianne Daley INTRODUCTION TRIPS: The Trigger for Protection of GIs in the Twenty-first Century To the connoisseur, the fine distinctions between various wines and spirits are marked by their places of origin. Although such distinctions may elude an ordinary consumer the fact is that names like Champagne,1 Tequila,2 Canadian Whisky3 and Scotch4 serve to denote a certain quality, characteristic or reputation of each drink that is essentially attributable to its geographical origin. Geographical Indications (GIs),5 as they have come to be generally described, are names, signs or symbols used on or in association with a product denoting its geographical origin where a special quality, characteristic or reputation of the product is essentially attributable to that origin.6 1 The name Champagne is protected in the European Union (EU) as a Protected Designation of Origin (PDO). In France Champagne is protected as a Controlled Appellation of Origin (Appellation d’Origine Contrôlée). 2 The name Tequila has been protected as a Geographical Indication since 1977. The liquor derives its name from the town of Tequila located in the state of Jalisco. 3 Canadian Whisky is protected as a Geographical Indication in Canada. 4 The production of Scotch is regulated by the Scotch Whisky Act 1988 (U.K.), 1988, c. 22. 5 In this work the term ‘GIs’ is used interchangeably with ‘Geographical Indications’ where considered appropriate. 6 GIs are classified as a genre of intellectual property rights which have been derived from related concepts such as Indications of Source, Appellations...

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