According to the definition that can be found on the website of the World Intellectual Property Organization (WIPO), a geographical indication (GI) is 'a sign used on goods that have a specific geographical origin and possess qualities, reputation and characteristics that are essentially attributable to their origin'. The WIPO justifies this definition saying that agricultural products, since it is grown in a specific area, gets some specific characteristics concerning mainly taste and also shape and colour that are linked with the characteristics of the area such as the climate or the soil. One may know that the WIPO specifies that GIs might concern not only agricultural and natural but also manufactured products. For instance, a GI might concern a product since its fabrication provides it special characteristics that are linked with its place of origin. One may think about specific skills or traditions that give different characteristics to the product. For instance, 'Bohemia' is recognized as a geographical indication since the products coming from this region of Czech Republic have some specific aspects. The present paper aims to present the protection of GIs in the European Union. And, to give as much information as necessary, we will first present the origins and justifications for the protection of geographical indications.
[...] Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. Vincent Sylvander et al Agreement on Trade-Related Aspects of Intellectual Property Rights. Michel Vincent Corrado Giacomini Norbert Olszak European Commission. European Commission. Michel Vincent Council Regulation No 1383/2003. Norbert Olszak Michel Vincent Commission Regulation No 702/2009. Council Regulation (EEC) No 1576/89. Site gouvernemental du Commerce extérieur. Christophe Charlier Stacy D. [...]
[...] Finally, the article 24 outlines some exceptions that are not useful to be specified here.[9] Now that we briefly presented the history and the current situation of the international framework concerning GI, we will present more precisely the situation within the European Union. III. The European Union legislation The European Union is a main actor of the protection of GIs. This situation might be explained by the fact that products protected by a GI might have a value of 11 billion Euros. This figure reaches 30 billions if we include wines and spirits.[10] Given these figures, one can easily understand why GIs are a main concern for the European Union. [...]
[...] The emergence of unfair competition followed the development of such a global trade. In addition, this unfair competition raised the issue of consumers' deception. The need for global rules so appeared and GIs were integrated in this process. To present this international legal framework I will mainly rely on the thesis of Michel Vincent, Impacts of the extension of the protection of geographical indications in the European Union and in North America. Indeed, in its first chapter, Mr. Vincent presents all the historical of the international treaties and agreements concerning GIs. [...]
[...] Goldberg Christophe Charlier, 2007. [...]
[...] There are other requirements but these three first requirements are the most important. A third regime exists: traditional specialty guaranteed (TSG). This regime is not directly linked with a GIs. Indeed it rather protects traditional skills and know-hows concerning a product than the place of origin. The objectives of the protection of the GIs meet the common objectives of all the intellectual property rights. The most important is to increase the income of right holders. Intellectual property rights intents to reward a person who made investments. [...]
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