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Blakeney, Michael --- "Geographical Indications and TRIPs" [2006] ELECD 335; in Pugatch, Perez Meir (ed), "The Intellectual Property Debate" (Edward Elgar Publishing, 2006)

Book Title: The Intellectual Property Debate

Editor(s): Pugatch, Perez Meir

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420383

Section: Chapter 15

Section Title: Geographical Indications and TRIPs

Author(s): Blakeney, Michael

Number of pages: 12

Extract:

15. Geographical indications and
TRIPS
Michael Blakeney

THE TRIPS REGIME

The inclusion of geographical indications as part of the minimum IP stand-
ards prescribed for WTO Members by the TRIPS agreement has been par-
ticularly problematic. Unlike the other categories of IP rights, the US and
EU, the main proponents of the TRIPS agreement, were divided on this
subject. This division has been reflected in the subsequent discussions in the
TRIPS Council and has culminated in the request by the US and Australia,
for Dispute Panels to consider whether the European regime for the protec-
tion of geographical indications, infringes TRIPS standards. At the same
time divisions also exist among other developed countries and among devel-
oping countries.
The TRIPS agreement provides a basic standard for the protection of
geographic indications. Article 22 defines geographical indications as: `indi-
cations which identify a good as originating in the territory of a Member,
or a region or locality in that territory, where a given quality, reputation or
other characteristic of the good is essentially attributable to its geographi-
cal origin.'
Article 22.2 of the TRIPS agreement requires that Members `shall
provide the legal means for interested parties to prevent the use by any
means in the designation or presentation of a good that indicates that the
good in question originates in a geographical area other than the true
place of origin in a manner which misleads the public as to the geograph-
ical origin of goods'. The TRIPS agreement does not ...