The Protection Of Geographical Indications

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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.

The Protection of Geographical Indications

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
ISBN 13 : 1035332264
Total Pages : 733 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws which regulate the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. Key updates include new material exploring the 2023 Regulation on GIs for craft and industrial products, and the protection of wine GIs under the Common Organisation of Agricultural Markets (CMO).

Extending the Protection of Geographical Indications

Author : Michael Blakeney
Publisher : Routledge
ISBN 13 : 1136478795
Total Pages : 385 pages
Book Rating : 4.1/5 (364 download)

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Book Synopsis Extending the Protection of Geographical Indications by : Michael Blakeney

Download or read book Extending the Protection of Geographical Indications written by Michael Blakeney and published by Routledge. This book was released on 2013-03-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

The Law of Geographical Indications

Author : Bernard O'Connor
Publisher : Cameron May
ISBN 13 : 1874698996
Total Pages : 496 pages
Book Rating : 4.8/5 (746 download)

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Book Synopsis The Law of Geographical Indications by : Bernard O'Connor

Download or read book The Law of Geographical Indications written by Bernard O'Connor and published by Cameron May. This book was released on 2004 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names.

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 Protection of Geographical Indications

Author : Michael Blakeney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975413
Total Pages : 562 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

Research Handbook on Intellectual Property and Geographical Indications

Author : Dev S. Gangjee
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719471
Total Pages : 596 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 596 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.

Intellectual Property Rights for Geographical Indications

Author : Mario Veneziani
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443896349
Total Pages : 245 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Intellectual Property Rights for Geographical Indications by : Mario Veneziani

Download or read book Intellectual Property Rights for Geographical Indications written by Mario Veneziani and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulations on Intellectual Property Rights (IPRs) and Geographical Indications (GIs) have a long history, leading back to two separate organizations devoted to dealing with them: the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). The WTO, through its 1994 TRIPS Agreement, gives wines a high level of protection, but leaves individual countries to draw up national GIs legislation for other agri-food products. On the other hand, the WIPO implemented the Lisbon Agreement of 1958 and gives GIs a high level of protection, but involves a lower number of countries. The US approach follows the WTO and is based on existing trademarks and competition legislation, while the EU legislation is partly based on the Lisbon Agreement and has a sui generis legislation, giving a high level of protection to agri-food GIs. The two different legislative approaches on IPRs on GIs are a source of political and economic debate between the US and the EU that impact massively on agri-food supply chains, consumer relations, and environmental and cultural aspects, as well as trade. This book provides insights into the potential impacts that the future Transatlantic Trade and Investment Partnership (TTIP) agreement could have at national, European and international level, and covers areas such as policy setting, implications for trade and consumer perception, food safety, and rural and local development. As such, it will provide a reference point for researchers and academics in agricultural and rural economics and law, as well as policy makers.

The Lisbon System

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280520180
Total Pages : 6 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis The Lisbon System by : World Intellectual Property Organization

Download or read book The Lisbon System written by World Intellectual Property Organization and published by WIPO. This book was released on 200? with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Lisbon System facilitates the international protection of appellations of origin through one single registration procedure. The Lisbon system does away with the need to file multiple registrations at different offices and covers over two dozen countries in Africa, Asia, Europe, and Latin America.

The Protection of Geographical Indications

Author : M. Blakeney
Publisher :
ISBN 13 : 9781306894593
Total Pages : 504 pages
Book Rating : 4.8/5 (945 download)

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Book Synopsis The Protection of Geographical Indications by : M. Blakeney

Download or read book The Protection of Geographical Indications written by M. Blakeney and published by . This book was released on 2014-01-01 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geographical indications, or marks designating a product s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement."

The Protection of Geographical Indications

Author : Michael Blakeney
Publisher :
ISBN 13 : 9781782546719
Total Pages : 0 pages
Book Rating : 4.5/5 (467 download)

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Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geographical indications, or marks designating a product's place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement.

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.

EU Law on Indications of Geographical Origin

Author : Vadim Mantrov
Publisher : Springer
ISBN 13 : 3319056905
Total Pages : 385 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 385 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.

The Cambridge Handbook of International and Comparative Trademark Law

Author : Irene Calboli
Publisher : Cambridge University Press
ISBN 13 : 1108502369
Total Pages : 1176 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Cambridge Handbook of International and Comparative Trademark Law by : Irene Calboli

Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2020-09-24 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Evaluating geographical indications

Author : Giovanni Belletti, G., Marescotti, A.
Publisher : Food & Agriculture Org.
ISBN 13 : 9251348693
Total Pages : 179 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Evaluating geographical indications by : Giovanni Belletti, G., Marescotti, A.

Download or read book Evaluating geographical indications written by Giovanni Belletti, G., Marescotti, A. and published by Food & Agriculture Org.. This book was released on 2021-11-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Geographical indications

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280522809
Total Pages : 44 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Geographical indications by : World Intellectual Property Organization

Download or read book Geographical indications written by World Intellectual Property Organization and published by WIPO. This book was released on 2013-03-08 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.

The Protection of Geographical Indications in India

Author : Delphine Marie-Vivien
Publisher : Sage Publications Pvt. Limited
ISBN 13 : 9789353288563
Total Pages : 320 pages
Book Rating : 4.2/5 (885 download)

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Book Synopsis The Protection of Geographical Indications in India by : Delphine Marie-Vivien

Download or read book The Protection of Geographical Indications in India written by Delphine Marie-Vivien and published by Sage Publications Pvt. Limited. This book was released on 2015-07-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The How and the Why of protecting the unique identity of local products in the age of globalization. 'It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a -fine', and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain con-fined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.