The Law of Geographical Indications
Author | : Bernard O'Connor |
Publisher | : Cameron May |
Total Pages | : 496 |
Release | : 2004 |
ISBN-10 | : 9781874698999 |
ISBN-13 | : 1874698996 |
Rating | : 4/5 (996 Downloads) |
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.