The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
Show Less

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights

A Commentary

  • Elgar Commentaries series

Justin Malbon, Charles Lawson and Mark Davison

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.
Buy Book in Print
Show Summary Details
You do not have access to this content

Section 3 GEOGRAPHICAL INDICATIONS

Justin Malbon, Charles Lawson and Mark Davison

Extract

The protection for geographical indicators (GIs) was one of the most contentious issues surrounding TRIPS and it remains so. 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 agreements between the EC and other countries to protect GIs for wine. There were also, and still are, some relatively minor multilateral agreements for their protection or for the protection of similar forms of intellectual property such as appellations of origin. While relatively minor in the sense that only a few nations subscribe to those agreements, some of the terminology in those agreements has informed the drafting of the TRIPS provisions and their influence on TRIPS has therefore been quite significant. Part II, Section 3 TRIPS (GIs) provides for two different forms of protection. The first is conferred on all GIs. The nature of the protection required is to prevent misleading conduct, in particular, conduct that implies that products originate from a geographical region other than that indicated by the GI. As general laws prohibiting misleading conduct in a commercial context cover such situations, this aspect of the protection provided to GIs is uncontroversial and relatively easy to comply with.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.