The Protection Of Geographical Indications
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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.
Extending The Protection Of Geographical Indications
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Author : Michael Blakeney
language : en
Publisher: Routledge
Release Date : 2013-03-05
Extending The Protection Of Geographical Indications written by Michael Blakeney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-05 with Law categories.
The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.
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.
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:
Release Date : 2014
The Protection Of Geographical Indications written by Michael Blakeney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Marks of origin categories.
Geographical indications, or marks designating a product's place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement.
The Protection Of Geographical Indications
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Author : M. Blakeney
language : en
Publisher:
Release Date : 2014-01-01
The Protection Of Geographical Indications written by M. Blakeney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with categories.
Geographical indications, or marks designating a product s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement."
The Importance Of Place Geographical Indications As A Tool For Local And Regional Development
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Author : William van Caenegem
language : en
Publisher: Springer
Release Date : 2017-03-27
The Importance Of Place Geographical Indications As A Tool For Local And Regional Development written by William van Caenegem and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-27 with Law categories.
This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.
Geographical Indications An Introduction 2nd Edition
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2021
Geographical Indications An Introduction 2nd Edition written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.
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.
The Protection Of Geographical Indications In India
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Author : Delphine Marie-Vivien
language : en
Publisher: Sage Publications Pvt. Limited
Release Date : 2015-07-29
The Protection Of Geographical Indications In India written by Delphine Marie-Vivien and has been published by Sage Publications Pvt. Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-29 with categories.
The How and the Why of protecting the unique identity of local products in the age of globalization. 'It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a -fine', and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con-fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.