The Law of Geographical IndicationsCameron May, 2004 - 501 pages Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names. |
Contents
Preface | 17 |
The protection of geographical indications in international law | 27 |
The Stresa Convention of 1951 | 34 |
The World Intellectual Property Organisation | 40 |
The International Wine Organization | 47 |
and registration of geographical indications | 59 |
Common terms and phrases
agricultural products amended appellation of origin application for registration Australia certification mark characteristics cheese Committee Community Trademark concerned consumers Council Regulation country of origin Decree designations of origin EC Court entered into force established European Community Feta geographical area Geographical Indications Act geographical name geographical origin homonymous geographical indications http://www.wipo.org indications for wines indications of source Industrial Property inspection Intellectual Property Intellectual Property Rights International Bureau International Registration labelling legislation Lisbon Agreement Madrid Agreement Ministry Office Paris Convention party Patent product or foodstuff protected geographical indication protected name Protection of Appellations protection of geographical Protection of Industrial protection of traditional quality wines region or locality registered geographical indication registration of geographical relation Republic requirements rules Section Special Union specific term territory trade Trademark Act Trademark Law trademarks and geographical traditional knowledge TRIPs Agreement unfair competition wines and spirits WIPO WTO Members