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There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.
Dev Gangjee considers the international legal rules which determine the protection of geographical brands such as Champagne.
Dev Gangjee considers the international legal rules which determine the protection of geographical brands such as Champagne.
This contains the Table of Contents and Introduction for a book retracing the origins of Geographical Indications (GI) protection and the process by which they have emerged as a distinct category of subject matter within international Intellectual Property (IP) law. It sets out to locate GIs within the 'webs of significance' spun across the legal discourse of a century, by pursuing two interrelated questions. (1) Under what circumstances were signs which indicate the geographical origin of products incorporated within international IP law? (2) What can this usefully tell us about the present international regime governing their use and misuse? These questions are important because the law in this area is a mess. In fact, it has been conceptually messy for over a century. While wines from Champagne, Colombian coffee, Darjeeling tea and other such regional products remain popular, the nature, scope and institutional forms of legal protection vary considerably. Notwithstanding a century of harmonisation efforts, a consensual basis for granting rights to a particular group to use such signs and the extent to which third parties should be excluded continues to prove elusive. This state of affairs is undesirable, since an ever expanding range of stakeholders - producers, consumers and policy makers - have an interest in the regulation of these signs. The debates grind on, generating abundant heat but far less light. The TRIPs Agreement has emerged as the site where these arguments coalesce, during attempts to clarify its existing provisions or reform its architecture. Here a central puzzle relates to the differential treatment for GIs under TRIPs. These geographical signs appear functionally analogous to trade marks. Yet despite the apparent similarities advocates of GI protection seek enhanced international standards, which proscribe a broader range of uses by third parties. The epistemic basis for this differential treatment rests upon the claim that a distinctive or unique link exists between a certain category of products and their regions of origin. The most influential articulation of this link is encapsulated in terroir, an expression associated with the French wine industry, while the international reference point is found in Art 22.1 of TRIPs. The process by which this link was initially recognised and then legitimated by legal doctrine has not been examined. To address this gap, the significance of wine as an archetype is explored in detail. It is only by first locating the historical basis of GI protection that we can meaningfully evaluate contemporary attempts to relocate GI protection, since epistemic paradigms otherwise overlap and generate ambiguity. Accordingly, the archival research directly addresses the following questions: (1) Why is there such an abundance of terminology as well as overlapping regimes of protection in this area? (2) How did the notion of a link between product and place arise (and to what extent does it recognise the human contribution)? (3) Why does the European GI registration system have two distinct definitions but only one level of protection? (4) Why does the TRIPs definition refer to qualities, characteristics or reputation as three alternative means to link product to place? (5) Is there an explanation for the two distinct levels of protection in Arts 22 and 23 of TRIPs? (6) How should we determine generic status? (7) More generally, to what extent is GI protection distinct from the goals of trade mark law? Since GIs have been insufficiently problematized till date, this book sets out to provide a history of international GI protection as well as proposes frameworks for thinking about this area.
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.
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.
This report charts the changing role and nature of geographical mobility in organisational strategies and career development. It explores the work and family life experiences of employees and partners who have faced job-related geographical mobility. Geographical mobility: Family impacts: highlights geographical mobility as a key cross-cutting policy issue; outlines the rationale for geographical mobility and traces the impacts of such mobility on employee and partner careers; traces the impacts of geographical mobility on individuals and families at different stages of the life course; emphasises the diversity of relocation experiences; draws out associated implications for policy. · This report is important reading for researchers, policy makers and practitioners concerned specifically with relocation, migration and labour markets. It is of particular relevance to those working in human resources, economic development and employment policy.
Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
In Making Mesopotamia Hamish Cameron examines the representation of the Mesopotamian Borderland as an inter-imperial borderland in Roman geographical writings of the first four centuries CE.