The Nature and Function of Geographical Indications in Law

Erik W. Ibele

Estey Centre Journal of International Law and Trade Policy, 2009, vol. 10, issue 01, 14

Abstract: There are two basic types of legal regime for the protection of geographical indications (GIs). Some systems, notably that of the European Union, define and treat GIs as a distinct type of intellectual property. This approach is also reflected in the provisions concerning GIs in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Other legal systems, notably those of Australia, Canada and the United States, treat GIs as a subcategory of trademarks. Like trademarks, GIs function principally as a means of providing information to consumers. EU legislation and jurisprudence, however, define GIs more expansively than do trademark-based legal systems, and see GIs as in some ways superior to trademarks. The EU is attempting to incorporate other features of its system of GI protection into the WTO/TRIPS system. But the nature of GIs is somewhat at odds with that of other types of intellectual property.

Keywords: Food Consumption/Nutrition/Food Safety; International Relations/Trade (search for similar items in EconPapers)
Date: 2009
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Persistent link: https://EconPapers.repec.org/RePEc:ags:ecjilt:48791

DOI: 10.22004/ag.econ.48791

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