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Edited by Ricardo Meléndez-Ortiz and Pedro Roffe

SECTION 3 Geographical indications

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Peter Groves

A right that protects geographical names used as signs to identify goods originating in a specific territory where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. See Protected Geographical Indication.

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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.
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Pratyush Nath Upreti

9. Geographical indications in Nepal: in search of identity Pratyush Nath Upreti*♦ I. INTRODUCTION The origin of using geography can be traced back through human civilisation, where the desire for quality and genuine products was never-ending. Perhaps, the craving for choices of goods originating from different localities has led to the discovery of different routes, regions, continents and countries. The increasing choice of goods across the borders resulted in penetration in the international trading system via the World Trade Organization (WTO).1 Geographical

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Anke Moerland

3. Geographical indications and innovation: what is the connection? Anke Moerland 1 INTRODUCTION Geographical indications and innovation do not seem to fit well together. The system of acquiring a geographical indication requires applicants to stipulate product specifications with which all producers that want to use the GI must comply. These criteria provide certainty that the GI-protected product displays the characteristics and quality it is supposed to have. However, they also constitute a hurdle for changing characteristics of the product, for example in

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Michael Blakeney

15. Geographical indications and TRIPS Michael Blakeney THE TRIPS REGIME The inclusion of geographical indications as part of the minimum IP standards prescribed for WTO Members by the TRIPS agreement has been particularly problematic. Unlike the other categories of IP rights, the US and EU, the main proponents of the TRIPS agreement, were divided on this subject. This division has been reflected in the subsequent discussions in the TRIPS Council and has culminated in the request by the US and Australia, for Dispute Panels to consider whether the European regime

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Daniel Gervais

6.  Geographical Indications under TRIPS GIs under TRIPS Daniel Gervais* 1. INTRODUCTION The TRIPS Agreement signed in April 19941 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.2 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

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Michael Blakeney

JOBNAME: Blakeney PAGE: 1 SESS: 10 OUTPUT: Thu May 22 10:10:09 2014 2 INTERNATIONAL GEOGRAPHICAL INDICATIONS REGIMES A. PRECURSORS TO TRIPS 2.01 1. Paris Convention for the Protection of Industrial Property 1883 2.03 2. Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods 1891 2.11 3. International Convention on the Use of Appellations of Origin and Denominations of Cheeses (‘Stresa Convention’) 1951 2.16 4. Lisbon Agreement for the Protection of Appellations of Origin and their Registration 1958 2.21 5. The International Wine

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Justin Malbon, Charles Lawson and Mark Davison

JOBNAME: Malbon PAGE: 1 SESS: 3 OUTPUT: Wed Nov 20 10:29:10 2013 Section 3 GEOGRAPHICAL INDICATIONS OVERVIEW OF SECTION The protection for geographical indicators (GIs) was one of the most conten- O.01 tious issues surrounding TRIPS and it remains so.1 The main source of this contention was the disagreement between the US and the EC on the issue. The latter has had a system of registration of GIs for some time while the former did not. Multilateral protection for GIs, as such, was very limited outside of the EC until TRIPS although there are various bilateral

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Michael Blakeney

THE PROTECTION OF GEOGRAPHICAL INDICATIONS 2 INTERNATIONAL GEOGRAPHICAL INDICATIONS REGIMES A. PRECURSORS TO TRIPS   2.01 1. Paris Convention for the Protection of Industrial Property 1883  2.03 2. Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods 1891   2.11 3. International Convention on the Use of Appellations of Origin and Denominations of Cheeses (‘Stresa Convention’) 1951  2.16 4. Lisbon Agreement for the Protection of Appellations of Origin and their Registration