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An analysis of the European Communities : Protection of trademarks and Geographical Indications for Agricultural Products and Foodstuffs Dispute

Author

Listed:
  • Christophe Charlier

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique)

  • Mai-Anh Ngo

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique)

Abstract

The dispute ‘European Communities – Protection of trademarks and geographical indications for agricultural products and foodstuffs' that opposes the European-Union with 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 has demonstrated that the European regulation does not comply with national treatment promulgated by the TRIPS and GATT 1994 Agreements. Second, the Panel affirmed the possibility of some coexistence between GIs and identical prior trademarks. This article considers these issues and describes the positions of the parties at the end of the dispute over protection of GIs. The first part discusses the Panel's conclusions on national treatment and the coexistence of GIs and prior trademarks. The second part provides an analysis of the relationship between national treatment and international harmonization of the rules on the protection of GIs. This shows that if the Panel findings do not annihilate the European system of protection of GIs, the United States will find it advantageous to free ride and resist any move towards the European system of protection

Suggested Citation

  • Christophe Charlier & Mai-Anh Ngo, 2007. "An analysis of the European Communities : Protection of trademarks and Geographical Indications for Agricultural Products and Foodstuffs Dispute," Post-Print halshs-00423916, HAL.
    • Handle: RePEc:hal:journl:halshs-00423916
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    Citations

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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. Le Goffic, Caroline & Zappalaglio, Andrea, 2017. "The Role Played by the US Government in Protecting Geographical Indications," World Development, Elsevier, vol. 98(C), pages 35-44.
    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.
    5. Yang, Deli & Sonmez, Mahmut (Maho), 2018. "Global norm of national treatment for patent uncertainties: A longitudinal comparison between the US and China," Journal of World Business, Elsevier, vol. 53(2), pages 164-176.

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