Eu Law On Indications Of Geographical Origin
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Eu Law On Indications Of Geographical Origin
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Author : Vadim Mantrov
language : en
Publisher: Springer
Release Date : 2014-07-03
Eu Law On Indications Of Geographical Origin written by Vadim Mantrov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-03 with Law categories.
The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.
The Transformation Of Eu Geographical Indications Law
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Author : Andrea Zappalaglio
language : en
Publisher: Routledge
Release Date : 2021-05-25
The Transformation Of Eu Geographical Indications Law written by Andrea Zappalaglio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-25 with Law categories.
Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.
The Law Of Geographical Indications
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Author : Bernard O'Connor
language : en
Publisher: Cameron May
Release Date : 2004
The Law Of Geographical Indications written by Bernard O'Connor and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Foreign trade regulation categories.
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.
The Protection Of Geographical Indications In China
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Author : Xinzhe Song
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-23
The Protection Of Geographical Indications In China written by Xinzhe Song and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-23 with Law categories.
For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.
The Protection Of Geographical Indications
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Author : Michael Blakeney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
The Protection Of Geographical Indications written by Michael Blakeney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.
Intellectual Property As A Complex Adaptive System
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Author : Kamperman Sanders, Anselm
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-07
Intellectual Property As A Complex Adaptive System written by Kamperman Sanders, Anselm and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-07 with Law categories.
This incisive book examines the role of Intellectual Property (IP) as a complex adaptive system in innovation and the lifecycle of IP intensive assets. Discussing recent innovation trends, it places emphasis on how different forms of intellectual property law can facilitate these trends. Inventors and entrepreneurs are guided through the lifecycle of IP intensive assets that commercialise human creativity. Utilising a range of sector specific, interdisciplinary and actor-focused approaches, each contribution offers suggestions on how Europe’s capacity to foster innovation-based sustainable economic growth can be enhanced on a global scale.
Geographical Indications At The Crossroads Of Trade Development And Culture
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Author : Irene Calboli
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13
Geographical Indications At The Crossroads Of Trade Development And Culture written by Irene Calboli and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.
Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.
Guide To Geographical Indications
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Author : Daniele Giovannucci
language : en
Publisher: UN
Release Date : 2009
Guide To Geographical Indications written by Daniele Giovannucci and has been published by UN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International trade categories.
Provides a comprehensive view of the various aspects of the cotton value chain from a market perspective, and an overview of the world cotton market. This title outlines factors influencing supply and demand, and market trends; considers major issues of the sector, including trade policy and WTO issues; and, more.
Relocating The Law Of Geographical Indications
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Author : Dev Gangjee
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-23
Relocating The Law Of Geographical Indications written by Dev Gangjee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with Law categories.
There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.
Geographical Indication And Global Agri Food
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Author : Alessandro Bonanno
language : en
Publisher: Routledge
Release Date : 2019-06-25
Geographical Indication And Global Agri Food written by Alessandro Bonanno and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-25 with Nature categories.
This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.