Law and Practice
Chapter 3: ELEMENTS OF STATUTORY PROTECTION
In this chapter particular attention is paid to statutory schemes for the registration and protection of certification marks, collective marks, and EU sui generis Geographical Indications. The functions of these marks and indications are discussed in light of the laws and treaties upon which their protection is based. Certification marks are recognized and registrable in the trademark systems of the Anglo-American law countries and the European Union (from 1 October, 2017, except for designations of geographical origin) and many other jurisdictions. Collective marks are provided for in most, but not all, jurisdictions. Indications of geographical provenance, traditionally protected by certification and collective marks, are protected increasingly as Geographical Indications, now widely accepted as a sui generis intellectual property right. The traditional dominance of trademark law in the protection of geographical indications will be challenged further as the EU prepares to extend its sui generis system beyond agricultural products and foodstuffs. Key words: certification mark; collective mark; geographical indication
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