Whither (Wither?) Geographical Indications? The Case Against Geographical Indications and For Appellations of Origin in an Era of Glocalization
نویسندگان
چکیده
One of the most hotly contested legal debates in international intellectual property law today concerns geographical indications (GIs) and appellations of origin (AOOs), referred to herein using the umbrella term “indication of origin” (IO). Central to the debate are two different systems for IOs—the sui generis system of AOOs and the like promoted by IO advocates like the EU (generally civil law jurisdictions) and the system promoted by IO skeptics like the US (generally common law jurisdictions) under which GIs are subsumed within a pre-existing trademark system. These divergent IO systems are manifestations of deepening fragmentation in the international IO order, which has led to a deadlock in international IO law. Although key international agreements dealing with IOs have sought to “bridge the gap” between the two systems by permitting signatories to protect IOs under either system, this article finds that there is an inherent, irreconcilable tension between the two systems, making the gap unbridgeable. The article concludes that it is in the interests of all that a sui generis and limited system of AOO protection be adopted within an international, harmonized framework. By contrast, trademark-based GIs ought to be allowed to wither on the vine. 1. LL.M. (Harvard University); J.D. and B.A. Arts (Hons.) (University of Melbourne). Admitted to the Supreme Court of Victoria and High Court of Australia. Email: [email protected]. I would like to thank Professor Ruth Okediji and Diana Liebenau for their encouragement and comments, Bryan Helwig for his guidance as article editor, and the staff at the Chicago-Kent Journal of Intellectual Property for their professionalism and support. I am responsible for any mistakes in this article. 2016 WHITHER (WITHER?) GEOGRAPHICAL INDICATIONS? 211
منابع مشابه
The Effect of Tabriz Geographical Location on the City Economy in the Ilkhanid Era
The geographical location and its impact on the economy is particularly important in understanding the history of a city. The Mongol invasion of Iran brought about major changes in the decadence and growth of the city. Tabriz city, due to its geographical location and its economic importance in the Ilkhanid era, enjoyed a special importance. The purpose of this study was to investigate the reas...
متن کاملThe Socio-Economics of Geographical Indications
Like trademarks and brands, indications of geographical origin (GIs) play an important role in signalling a certain level of quality. The collective reputation embodied in the indication requires protection from misappropriation and dilution. Protection of indications generates incentives for investments in maintaining a level of quality that consumers have come to expect. Further, misappropria...
متن کاملThe Impact of Geographical Factors on the Prevalence of Pervasive Diseases in Guilan, Qajar Era in Perspective of European Tourists
European tourists in their reports from Guilan in the Qajar era, also have addressed the issue of health and deadly diseases affecting lives of people, such as rice fever, malaria, cholera, and plague in addition to pointing out the numerous social tragedies. From these tourists’s point of view, the weather conditions, geographical location, livelihood and some living and social habits and beha...
متن کاملMesobuthus eupeus, An Indigenous scorpion from Iran. Origin and its Geographical Distribution
متن کامل
Presentation of Strategic Plan for Political Management of the Geographical Space, a Case Study: (Islamshahr Township)
Aims & Backgrounds: Any kind of strategic planning is related to geographical space and organizational entities. Strategic planning determines the objectives of political management of space in accordance with its mission and through environmental studies to determine and implement more realistic goals. Political managers of geographical space at the township level in order to carry out their d...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2017