Relocating The Law Of Geographical Indications

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Relocating the Law of Geographical Indications

Author : Dev Gangjee
Publisher : Cambridge University Press
ISBN 13 : 1107375630
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

Download or read book Relocating the Law of Geographical Indications written by Dev Gangjee and published by Cambridge University Press. This book was released on 2012-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Relocating the Law of Geographical Indications

Author : Dev Gangjee
Publisher :
ISBN 13 : 9781139233279
Total Pages : 364 pages
Book Rating : 4.2/5 (332 download)

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Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

Download or read book Relocating the Law of Geographical Indications written by Dev Gangjee and published by . This book was released on 2014-05-14 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dev Gangjee considers the international legal rules which determine the protection of geographical brands such as Champagne.

Relocating the Law of Geographical Indications

Author : Dev Gangjee
Publisher : Cambridge University Press
ISBN 13 : 0521192021
Total Pages : 363 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

The Transformation of EU Geographical Indications Law

Author : Andrea Zappalaglio
Publisher : Routledge
ISBN 13 : 1000342352
Total Pages : 200 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Transformation of EU Geographical Indications Law by : Andrea Zappalaglio

Download or read book The Transformation of EU Geographical Indications Law written by Andrea Zappalaglio and published by Routledge. This book was released on 2021-05-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linking traditional and local products to a specific area is increasingly felt as a necessity in a globalised market, and Geographical Indications (GIs) are emerging as a multifunctional tool capable of performing this and many other functions. This book analyses the evolving nature of EU sui generis GIs by focusing on their key element, the origin link, and concludes that the history of the product in the broad sense has become a major factor to prove the link between a good and a specific place. For the first time, this area of Intellectual Property Law is investigated from three different, although interrelated, perspectives: the history and comparative assessment of the systems of protection of Indications of Geographical Origin adopted in the European jurisdictions from the beginning of the 20th century; the empirical analysis of the trends emerging from the practice of EUGIs; and the policy debates surrounding them and their importance for the fulfilment of the general goals of the EU Common Agricultural Policy. The result is an innovative and rounded analysis of the very nature of the EU Law of GIs that, starting from its past, investigates the present and the likely future of this Intellectual Property Right. This book provides an interesting and innovative contribution to the field and will be of interest to GI scholars and Intellectual Property students, as well as anyone willing to gain a better understanding of this compelling area of law.

Geographical Indications at the Crossroads of Trade, Development, and Culture

Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 9781316617403
Total Pages : 0 pages
Book Rating : 4.6/5 (174 download)

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Book Synopsis Geographical Indications at the Crossroads of Trade, Development, and Culture by : Irene Calboli

Download or read book Geographical Indications at the Crossroads of Trade, Development, and Culture written by Irene Calboli and published by Cambridge University Press. This book was released on 2018-12-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

EU Law on Indications of Geographical Origin

Author : Vadim Mantrov
Publisher : Springer
ISBN 13 : 3319056905
Total Pages : 367 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis EU Law on Indications of Geographical Origin by : Vadim Mantrov

Download or read book EU Law on Indications of Geographical Origin written by Vadim Mantrov and published by Springer. This book was released on 2014-07-03 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant and applicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law.

Geographical Indications at the Crossroads of Trade, Development, and Culture

Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 1107166330
Total Pages : 571 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Geographical Indications at the Crossroads of Trade, Development, and Culture by : Irene Calboli

The Protection of Geographical Indications in China

Author : Xinzhe Song
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353401X
Total Pages : 579 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Protection of Geographical Indications in China by : Xinzhe Song

Download or read book The Protection of Geographical Indications in China written by Xinzhe Song and published by Kluwer Law International B.V.. This book was released on 2021-11-23 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

Geographical Indications of Indian Handlooms

Author : Nidhi Buch
Publisher : Taylor & Francis
ISBN 13 : 1000522253
Total Pages : 240 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Geographical Indications of Indian Handlooms by : Nidhi Buch

Download or read book Geographical Indications of Indian Handlooms written by Nidhi Buch and published by Taylor & Francis. This book was released on 2021-12-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of Geographical Indications (GI) in the Indian context with particular reference to the handloom sector. It discusses themes such as the rationale of GI as IP (intellectual property); the domestic position on GIs; GI protection under various international instruments; handlooms from Gujarat and their GI journey; the efficacy of GIs; and GI structure for handlooms. The volume fills the gap between law and policies and recommends the implementation of an efficient legal system. It highlights the status of Indian handlooms, a sector that represents the country’s cultural heritage and supports a range of livelihoods. We examine India’s GI protection system with its diverse cultures and explore how GI can help recognize, support and promote these products to bring socio-economic benefits. The work documents policy measures undertaken for the revival, restructuring and promotion of Indian handlooms and handicrafts, and will serve as an important intervention in Indian law on GI. An investigative study that evaluates the current law and policy on GI protection through detailed case studies and empirical research on select Indian handlooms, this book will be useful to scholars and researchers of geography, economics, development studies, sociology, law and public policy. It will also interest policymakers, legal practitioners, textile and handloom professionals, design and business administration institutes, media, arts and crafts museums and civil society organizations working on handlooms or in intellectual property.

The Case for Geographical Indication Protection of the Mozambique White Prawn

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9210014502
Total Pages : 59 pages
Book Rating : 4.2/5 (1 download)

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Book Synopsis The Case for Geographical Indication Protection of the Mozambique White Prawn by : United Nations Conference on Trade and Development

Download or read book The Case for Geographical Indication Protection of the Mozambique White Prawn written by United Nations Conference on Trade and Development and published by . This book was released on 2022 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the Mozambique experience of protecting and promoting fisheries with an emphasis on exploring geographical indication (GI) protection for the white prawn of Mozambique. It is achieved through an in-depth review of data collected from local stakeholders, reports based on past technical support provided by the United Nations Conference on Trade and Development (UNCTAD), the literature on GIs, and international and regional treaties and reports, among others. Fishery products such as Mozambican prawns are highly recommended for GI certification, as they have high demand from both local and international consumers.

Research Handbook on Intellectual Property and Geographical Indications

Author : Dev S. Gangjee
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719471
Total Pages : 592 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Intellectual Property and Geographical Indications by : Dev S. Gangjee

Download or read book Research Handbook on Intellectual Property and Geographical Indications written by Dev S. Gangjee and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

Geographical Indication Protection in India

Author : Niharika Sahoo Bhattacharya
Publisher : Springer Nature
ISBN 13 : 981194296X
Total Pages : 255 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Geographical Indication Protection in India by : Niharika Sahoo Bhattacharya

Download or read book Geographical Indication Protection in India written by Niharika Sahoo Bhattacharya and published by Springer Nature. This book was released on 2022-09-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique compilation of comprehensive works covering the potentials, challenges, and realities of geographical indications from an Indian perspective. The book encompasses critical studies on legal, regulatory, and institutional frameworks and debates surrounding geographical indications. The concept of geographical indication has not received paramount importance in India compared to the other forms of intellectual property rights like patents and trademarks, while GI is becoming critical in national and international discourses. It aims at presenting both national and international situations and discussions, which will appeal to readers worldwide. This book in its first part elaborately deals with the genesis of the GI Act, and then it goes on to analyze both substantive as well as procedural aspects of the registration under the Indian GI Act and tries to identify the discrepancy and gaps in the laws. Also, a comparative perspective has been built by analyzing the GI laws and regulations of some developed countries with that of India. The challenges in existing regulation for quality control and enforcement of GI products in the Indian GI Act have been dealt comprehensively by the authors which are critical in achieving the stated objectives of the Act. The book also focuses on the role of geographical indication in the socio-economic development of rural India. The authors have illustrated how the GI can act as an effective mechanism for employment generation and sustainable growth opportunities in different sectors like agriculture, food, and handicraft. The interaction of GI with traditional knowledge and biodiversity and their impact on society is also extensively covered. The book contains real-life case studies by the authors from different states of India highlighting the success stories and missed opportunities of different GIs and the way forward where the GI can function as an effective tool for the overall development of a country and promote international trade. The book will provide law students, scholars from legal and IP disciplines, legal practitioners, producers, and policymakers a factual and multidimensional insight into the GI system in India. This will further promote research in this area, particularly from an Asian perspective and enhance the real-life application of GI to varied products.

Intellectual Property and the Law of Nations, 1860-1920

Author :
Publisher : BRILL
ISBN 13 : 9004511431
Total Pages : 440 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Intellectual Property and the Law of Nations, 1860-1920 by :

Download or read book Intellectual Property and the Law of Nations, 1860-1920 written by and published by BRILL. This book was released on 2022-05-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.

The Importance of Place: Geographical Indications as a Tool for Local and Regional Development

Author : William van Caenegem
Publisher : Springer
ISBN 13 : 3319530739
Total Pages : 287 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Importance of Place: Geographical Indications as a Tool for Local and Regional Development by : William van Caenegem

Download or read book The Importance of Place: Geographical Indications as a Tool for Local and Regional Development written by William van Caenegem and published by Springer. This book was released on 2017-03-27 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on the Law and Economics of Trademark Law

Author : Glynn S. Lunney Jr.
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430479
Total Pages : 467 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on the Law and Economics of Trademark Law by : Glynn S. Lunney Jr.

Download or read book Research Handbook on the Law and Economics of Trademark Law written by Glynn S. Lunney Jr. and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.

Geographical Indication and Global Agri-Food

Author : Alessandro Bonanno
Publisher : Routledge
ISBN 13 : 0429895127
Total Pages : 245 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Geographical Indication and Global Agri-Food by : Alessandro Bonanno

Download or read book Geographical Indication and Global Agri-Food written by Alessandro Bonanno and published by Routledge. This book was released on 2019-06-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.

The Internet and the Emerging Importance of New Forms of Intellectual Property

Author : Susy Frankel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041167900
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Internet and the Emerging Importance of New Forms of Intellectual Property by : Susy Frankel

Download or read book The Internet and the Emerging Importance of New Forms of Intellectual Property written by Susy Frankel and published by Kluwer Law International B.V.. This book was released on 2016-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.