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Søndergaard Christensen , Lasse A.; Britt Hansen, Janne --- "A Contrast With Trade Mark Law: The Permitted Use of Geographical Indications" [2006] ELECD 232; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 4

Section Title: A Contrast With Trade Mark Law: The Permitted Use of Geographical Indications

Author(s): Søndergaard Christensen , Lasse A.; Britt Hansen, Janne

Number of pages: 17

Extract:

4. A contrast with trade mark law: the
permitted use of geographical
indications
Lasse A. Søndergaard Christensen and Janne
Britt Hansen

INTRODUCTION
Trade marks and geographical indications (GI) have much in common in that
they create links between the product and the consumer. Just as a trade mark
communicates to consumers concerning the source and quality of goods bear-
ing the mark, a GI provides consumers with assurances that the goods were
produced, processed or prepared in a certain place and as a result have certain
characteristics. Furthermore, GIs are often chosen and used as trade marks.
Similarities between the functions of trade marks and GIs suggest that they are
treated more or less identically with regard to their scope of protection.
However, this assumption is far from reality.
Where a trade mark is not always easy to obtain and where the proprietor
of a trade mark must accept limitations in his monopoly through third party
rights to use his mark, at least some GIs (specifically within EU) seem worry-
ingly easy to obtain and provide an almost absolute monopoly, leaving almost
no room for third party usage. This is a paradox.


PROTECTION FOR GIs
Various ways of protecting GIs exist under multilateral and bilateral treaties
and national law. GIs can also be protected by unfair competition provisions
and by registration as collective trade marks or certification marks.
The TRIPs Agreement requires World Trade Organization (WTO) members
to provide certain basic minimum protections for GIs. In general, WTO
members ...