United States Patent and Trademark Office, What are Geographical Indications <http://www.uspto.gov/web/offices/dcom/olia/ globalip/gi_protection.htm> at 4 October 2007. United States Patent and Trademark Office, What is Certification ...
This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
Author: Dev S. Gangjee
Publisher: Edward Elgar Publishing
Category: Business & Economics
In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
THE PROTECTION OF GEOGRAPHICAL INDICATIONS IN SELECTED COUNTRIES Countries differ considerably in the way in which their laws regulate or deal with geographical indications. Some have specific geographical indication laws, ...
Author: Bernard O'Connor
Publisher: Cameron May
Category: Foreign trade regulation
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.
This book presents a comprehensive analysis of Geographical Indications (GI) in the Indian context with particular reference to the handloom sector. It discusses themes such as the rationale of GI as IP (intellectual property); the domestic position on GIs; GI protection under various international instruments; handlooms from Gujarat and their GI journey; the efficacy of GIs; and GI structure for handlooms. The volume fills the gap between law and policies and recommends the implementation of an efficient legal system. It highlights the status of Indian handlooms, a sector that represents the country’s cultural heritage and supports a range of livelihoods. We examine India’s GI protection system with its diverse cultures and explore how GI can help recognize, support and promote these products to bring socio-economic benefits. The work documents policy measures undertaken for the revival, restructuring and promotion of Indian handlooms and handicrafts, and will serve as an important intervention in Indian law on GI. An investigative study that evaluates the current law and policy on GI protection through detailed case studies and empirical research on select Indian handlooms, this book will be useful to scholars and researchers of geography, economics, development studies, sociology, law and public policy. It will also interest policymakers, legal practitioners, textile and handloom professionals, design and business administration institutes, media, arts and crafts museums and civil society organizations working on handlooms or in intellectual property.
'Geographical Indications beyond Wines and Spirits – A Roadmap for a Better Protection for Geographical Indications in the WTO TRIPS Agreement' Journal of World Intellectual Property 5(6): 865–97. Agarwal, S. and M. Barone (2005).
Author: Michael Blakeney
Publisher: Edward Elgar Publishing
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.
Finally, Article 24.9 provides that there is no obligation under the TRIPS Agreement to protect geographical indications 'which are not or cease to be protected in their country of origin, or which have fallen into disuse in that ...
Author: Michael Blakeney
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.
Beier, F-K. and Knaak, R., 'The Protection of Direct and Indirect Geographical Indications of Source in Germany and the European Community' (1994) IIC 1. Bendekgey, L. and Mead, C., 'International Protection of Appellations of Origin ...
Author: Dev Gangjee
Publisher: Cambridge University Press
Dev Gangjee considers the international legal rules which determine the protection of geographical brands such as Champagne.
Release on 2010-02-08 | by International Trade Centre
Activities of the European Union – Summaries of legislation > Agriculture: General Framework > Food Safety: General Provisions > Protection of Geographical Indications and Designations of Origin, last updated 5.7.2006.
Author: International Trade Centre
Publisher: United Nations
Category: Political Science
The guide is a reference book that provides a comprehensive view of all aspects of the cotton value chain from a market perspective, and an overview of the world cotton market. It outlines factors influencing supply and demand, and market trends; considers major issues of the sector, including trade policy and WTO issues; deals with textile processing of cotton, cotton quality and its determinants, and cotton contamination; covers various aspects of cotton trading and export marketing; looks at e-commerce, the ICE Futures U.S. and other futures markets for cotton; reviews the market for different types of cotton, including organic cotton; presents market profiles of the main importing countries in Asia (Bangladesh, China, India, Indonesia, Pakistan, Thailand) and Turkey, with recommendations on how to approach their cotton-consuming textile industries. Annexes contain a list of international cotton associations, as well as lists of useful addresses and web resources.
The entry and exit inspection and quarantine bureaus and the quality and technical supervision bureaus of the various localities shall engage ex officio in the protection of the products of geographical indication.
Author: Xinzhe Song
Publisher: Kluwer Law International B.V.
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.
Systems of Protection for Geographical Indications of Origin: A Review of the India Regulatory Framework. Journal of World Intellectual Property, 6(1), 191–205. Banga, R. (2008) 'Geographical Indications: UNCTAD's Initiatives'.
Author: William van Caenegem
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.
The Geographical Indication of Goods (Registration and Protection) Act, 1999, Bare Act with Short Comments Professional Book Publishers, 2005. Gervais, D. The TRIPS Agreement. London: Sweet & Maxwell, 2003.
Author: Delphine Marie-Vivien
Publisher: SAGE Publications India
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 confined 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.
'This means that the titleholder/s of a geographical indication may prevent, where their rights are recognized, ... of geographical indications in relation to economic and social development, cultural preservation and diversity.
Author: Marsha A. Echols
Publisher: Kluwer Law International B.V.
Since the first edition of this indispensable volume nearly a decade ago, great changes have taken place in the national and international legal and regulatory frameworks for geographical indications (GIs) systems for food products. Rather than limitation (designed to prevent the use of ‘culture’ for protectionist purposes), the preponderance now favours recognition of GIs, with enforcement directed at protection. While the World Trade Organization (WTO) and its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) remain the multilateral legal benchmarks for GIs, the field has been assertively entered by the World Intellectual Property Organization (WIPO) with the 2015 Geneva Act (which adds GIs to the Lisbon Agreement), national laws in key jurisdictions, and bilateral and proposed mega-regional trade agreements with provisions on food vastly more detailed than the relevant TRIPS articles. Still notable for its thorough exploration of the meaning of the TRIPS commitments, the second edition brings to its commentary and guidance a new perspective that takes the changed conditions fully into account. With no sacrifice of depth, the author covers a wide range of issues such as the following: • estimates of the value added by origin and tradition; • GIs as a tool for national and local development; • growing importance of the concepts heirloom, heritage, and local; • minimum standards of protection under TRIPS; • administration and policing of product characteristics; • procedures followed by the European Union, India, Japan and others; • applicable laws concerning labelling and unfair business practices; • traditional communal nature of GIs versus private property characterization; • significance of the WTO’s Agreement on Technical Barriers to Trade; • administrative and procedural rules at WTO, regional, and national levels; • the role of the Codex Alimentarius; and • the role of the TRIPS Council. Given that experience and research have revealed the great financial and cultural value of GIs, this thoroughly updated detailed analysis and interpretation of current trends in food product regulation worldwide is of crucial importance to an adequate understanding of the trade rules that apply to the recognition, protection, and enforcement of GIs and competing names. It is sure to be of great value to those concerned with this specialized field, whether practitioners, food producers and traders, jurists, officials, policymakers, or academics.
DANIELE ́QUENCES GIOVANNUCCI ET AL., GUIDE TO GEOGRAPHICAL INDICATIONS: LINKING PRODUCTS AND THEIR ORIGINS 8 (2009), www.origin-gi.com/images/stories/PDFs/English/ E-Library/geographical_indications.pdf. 11 GIOVANNI BELLETTI & ANDREA ...
Author: Irene Calboli
Publisher: Cambridge University Press
This volume focuses on the procedures for determining the geographical indicator labels for globally traded goods in the Asia-Pacific region. The book is also available as Open Access.
This book provides some empirical evidence and applied legal and economic reasoning to this debate and includes both reviews and case studies.
Author: Michael Blakeney
The so-called extension question concerns the inclusion of developing countries into the TRIPS agreement (for trade-elected intellectual property rights), which provides protection of geographical indications of product origin. This book provides some empirical evidence and applied legal and economic reasoning to this debate and includes both reviews and case studies.
de Almeida AFR (2005) The TRIPS Agreement, the bilateral agreements concerning geographical indications and the philosophy of the WTO. EIPR 27:150 Devitt VC, McCarthy JT (1979) Protection of geographical denominations: domestic and ...
Author: Vadim Mantrov
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.
Geographical. Indications: Challenges. and. Opportunities. Surya Mani Tripathi and Sravanti Vedula 1 Introduction The introduction of geographical indicators (GIs) as collective intellectual property rights (IPRs) in the last decade has ...
Author: Niharika Sahoo Bhattacharya
Publisher: Springer Nature
Category: Marks of origin
This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.
Release on 2021-11-03 | by Giovanni Belletti, G., Marescotti, A.
Geographical indications represent a powerful way to foster sustainable food systems through territorial approaches and market linkages, especially for small-scale actors.
Author: Giovanni Belletti, G., Marescotti, A.
Publisher: Food & Agriculture Org.
Category: Business & Economics
Geographical indications represent a powerful way to foster sustainable food systems through territorial approaches and market linkages, especially for small-scale actors. In this perspective, and following the FAO publication methodologies of the origin-linked virtuous circle, local actors need to well define their geographical indication (GI) system and, more specifically, the product specifications as well as monitor and evaluate the impacts and readjust the system as necessary for the reproduction of local resources. These guidelines aim at providing a detailed and stepwise approach with specific tools to help practitioners in establishing their framework in relation with their objectives and local conditions, to help both the qualification though a prospective evaluation, and the reproduction of local resources though retrospective evaluation.
Kubu Bali, Amed salt gets a certificate of geographical indication with registration number ID G 000000038 with the name of MPIG Owner (Society for the Protection of Geographical Indications) Amed Bali Salt, Arabica Kintamani Coffee ...
Author: I Made Suwitra
Publisher: European Alliance for Innovation
1st Warmadewa International Conference on Science, Technology and Humanity will be an annual event hosted by Warmadewa Research Institution, Universitas Warmadewa. This year (2021), will be the first WICSTH will be held on 7 - 8 September 2021 at Auditorium Widya Sabha, Universitas Warmadewa Denpasar-Bali, Indonesia. In the direction of a new life order during pandemic COVID-19, Science, technology and humanity especially in ecotourism is a crucial topic to address, this is a momentum to bring together various critical views and thoughts from various fields of science related to strategies that can be done in developing and solving ecotourism resilience during pandemic COVID-19 in Science, technology and humanity study.The conference invites delegates from across Indonesian and is usually attended by more than 100 participants from university academics, researchers, practitioners, and professionals across a wide range of industries.
The protection of geographical indications was a key demand of European negotiators at the Uruguay Round of the GATT.28 The competing positions were those of the European Union ( EU ) and Switzerland which proposed a French style of ...
intellectual property rights, including geographical indications, are paid attention to. In international trade, geographical indications are a new thing being discussed. In the early 20th century, they were known as appellations of ...
Author: I Gede Astra Wesnawa
Publisher: European Alliance for Innovation
The rise of technology and ease of spread of information has facilitated the diaspora of new ideas in the community. The penetration of new ideology and new values challenges the status quo of value and morality in our community. While this can be seen as an opportunity to evolve as a nation, the introduction of radical and separatism brings chaos to the community. This issue is not only experienced in Indonesia but also in the whole world. The needs for a solution and academic forum to discuss this postmodernity in society bring us to the The 4th International Conference on Law, Education and Social Sciences (ICLSSE) 2022. This conference is an international forum to disseminate knowledge and research development among researchers, scholars, professionals, and those interested in research interests in Law and Social Sciences and Social Education. This conference was organized by the Faculty of Law and Social Sciences, Universitas Pendidikan Ganesha. The theme of this fourth conference is "Race, Ethnicity, and Nationalism in Postmodern Society: Opportunities and Challenges".