Geographical Indications and the TRIPS Agreement: What Protection is Provided to Geographical Indications in WTO Members?

The World Trade Organization (WTO) Agreement on Trade‐Related Aspects of Intellectual Property Rights was the first multilateral international treaty (although not the first international treaty) to define and protect geographical indications (GIs) as a specific intellectual property type. There is...

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Bibliographic Details
Published in:The Journal of world intellectual property 2010-03, Vol.13 (2), p.275-303
Main Authors: Kireeva, Irina, O'Connor, Bernard
Format: Article
Language:English
Subjects:
certification and collective trademarks
geographical indications
Jurisdiction
Property, Intellectual
Right of property
the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights
Treaties
World trade organization
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Summary:The World Trade Organization (WTO) Agreement on Trade‐Related Aspects of Intellectual Property Rights was the first multilateral international treaty (although not the first international treaty) to define and protect geographical indications (GIs) as a specific intellectual property type. There is some debate as to whether the agreement specifies the manner in which WTO members are to implement the protection or mandates a separate system for the protection of GIs (so‐called “sui generis” protection). Rather than contributing further to this debate, this article provides a comprehensive overview of the means by which various WTO members have implemented the commitment to protect national and foreign GIs. In addition, the article looks at some examples of protected names in different jurisdictions and some of the problems encountered in registering GIs from outside the country effecting the protection.
ISSN:1422-2213
1747-1796
DOI:10.1111/j.1747-1796.2009.00374.x