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The Nature and Function of Geographical Indications in Law

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  • Ibele, Erik W.
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    Abstract

    There are two basic types of legal regime for the protection of geographical indications (GIs). Some systems, notably that of the European Union, define and treat GIs as a distinct type of intellectual property. This approach is also reflected in the provisions concerning GIs in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Other legal systems, notably those of Australia, Canada and the United States, treat GIs as a subcategory of trademarks. Like trademarks, GIs function principally as a means of providing information to consumers. EU legislation and jurisprudence, however, define GIs more expansively than do trademark-based legal systems, and see GIs as in some ways superior to trademarks. The EU is attempting to incorporate other features of its system of GI protection into the WTO/TRIPS system. But the nature of GIs is somewhat at odds with that of other types of intellectual property.

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    Bibliographic Info

    Article provided by Estey Centre for Law and Economics in International Trade in its journal Estey Centre Journal of International Law and Trade Policy.

    Volume (Year): 10 (2009)
    Issue (Month): 1 ()
    Pages:

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    Handle: RePEc:ags:ecjilt:48791

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    Related research

    Keywords: geographical indications; intellectual property; Origin Regulation; trademarks; TRIPS; WTO; Food Consumption/Nutrition/Food Safety; International Relations/Trade;

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    Cited by:
    1. Leufkens, Daniel & Schröck, Rebecca, 2013. "Regulierungspolitische Effekte geschützter geografischer Herkunftsangaben der EU in einer dynamischen und qualitätspolitischen Perspektive," 53rd Annual Conference, Berlin, Germany, September 25-27, 2013 156119, German Association of Agricultural Economists (GEWISOLA).
    2. Christophe Charlier & Mai-Anh Ngo, 2012. "Geographical indications outside the European Regulation on PGIs, and the rule of the free movement of goods: lessons from cases judged by the Court of Justice of the European Communities," European Journal of Law and Economics, Springer, vol. 34(1), pages 17-30, August.

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