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An analysis of the dispute European Communities - Protection of trademarks and geographical indications for agricultural products and foodstuffs

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  • Charlier, Christophe
  • Ngo, Mai-Anh

Abstract

The dispute "European Communities - Protection of trademarks and geographical indications for agricultural products and foodstuffs" that opposes the European - Union to the United States and Australia, has been raised by the European regulation concerning the protection of geographical indications. This dispute has two important issues. First, the Panel demonstrated that the European regulation did not comply with national treatment promulgated by the TRIPS and the GATT 1994 Agreements. Second, the Panel affirmed the possibility of coexistence between GIs and identical prior trademarks. This article considers these two issues and depicts the position of the parties at the end of the dispute regarding GIs' protection. The first part of this article presents the conclusion of the Panel concerning national treatment and the coexistence between GIs and prior trademark. An analysis of the relations between national treatment and the international harmonization of the rules on the protection of geographical indications is presented in the second part. This analysis permits to establish that if the Panel findings do not annihilate the European system of protection of the geographical indications, the United States will find advantageous to free ride in geographical indications, refusing to move toward the European system of protection.

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Bibliographic Info

Paper provided by European Association of Agricultural Economists in its series 98th Seminar, June 29-July 2, 2006, Chania, Crete, Greece with number 10032.

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Date of creation: 2006
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Handle: RePEc:ags:eaae98:10032

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Related research

Keywords: Geographical indications; Intellectual property; National treatment; TRIPS; Dispute settlement.; International Relations/Trade; Marketing; F13; Q17; Q18;

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References

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  1. Scotchmer, Suzanne, 2001. "The Political Economy of Intellectual Property Treaties," Competition Policy Center, Working Paper Series qt3pr2040r, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  2. Shapiro, Carl, 1983. "Premiums for High Quality Products as Returns to Reputations," The Quarterly Journal of Economics, MIT Press, vol. 98(4), pages 659-79, November.
  3. Gene M. Grossman & Edwin L.-C. Lai, 2004. "International Protection of Intellectual Property," American Economic Review, American Economic Association, vol. 94(5), pages 1635-1653, December.
  4. Mahe, Louis-Pascal, 1997. "Environment and Quality Standards in the WTO: New Protectionism in Agricultural Trade? A European Perspective," European Review of Agricultural Economics, Foundation for the European Review of Agricultural Economics, vol. 24(3-4), pages 480-503.
  5. Maskus, Keith E., 2002. "Regulatory standards in the WTO: Comparing intellectual property rights with competition policy, environmental protection, and core labor standards," World Trade Review, Cambridge University Press, vol. 1(02), pages 135-152, July.
  6. Mahé, 1997. "Environment and quality standards in the WTO : new protectionism in agricultural trade ? A European perspective," Working Papers 152614, Institut National de la Recherche Agronomique, France.
  7. Mahé, 1997. "Environment and quality standards in the WTO : new protectionism in agricultural trade ? A European perspective," Working Papers 162238, Institut National de la Recherche Agronomique, France.
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Cited by:
  1. 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.
  2. Christophe Charlier & Mai-Anh Ngo, 2012. "Geographical indications outside the European regulation of PGIs, and the rule of free movement of goods: Lessons from cases judged by the Court of Justice of the European Communities," Post-Print halshs-00721784, HAL.
  3. Charlier, Christophe & Ngo, Mai-Anh, 2008. "Agro Food’s Quality Signs and Free Movement of Goods. What Strategies for the European Operators?," 2008 International Congress, August 26-29, 2008, Ghent, Belgium 44316, European Association of Agricultural Economists.
  4. Chuthaporn Ngokkuen & Ulrike Grote, 2012. "Challenges and opportunities for protecting geographical indications in Thailand," Asia-Pacific Development Journal, United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), vol. 19(2), pages 93-123, December.

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