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

• 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
• ISSN: 1422-2213; 1747-1796
• DOI: 10.1111/j.1747-1796.2009.00374.x

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.