Evans, Phil --- "Geographical Indications, Trade and the Functioning of Markets" [2006] ELECD 337; in Pugatch, Perez Meir (ed), "The Intellectual Property Debate" (Edward Elgar Publishing, 2006)

Book Title: The Intellectual Property Debate

Editor(s): Pugatch, Perez Meir

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420383

Section: Chapter 17

Section Title: Geographical Indications, Trade and the Functioning of Markets

Author(s): Evans, Phil

Number of pages: 16

Extract:

17. Geographic indications, trade and
the functioning of markets
Phil Evans

The issue of the interface between food policy and trade policy has been an
area fraught with controversy for some considerable time. While food
safety issues and their possible misuse as barriers to legitimate trade have
been with us since the onset of the GATT in the late 1940s, other food issues
have begun to grow in importance. One of the most interesting, and con-
tentious, issues is that of Geographic Indications.
What is particularly interesting about the debate around GIs is that
almost all the main protagonists in the argument have some form of pro-
tection for them, but none agree about how far they should go, or perhaps
more importantly how they should affect trade. It would not appear to be
a debate about principle but rather of degree.
What is also interesting is the degree to which the debate has avoided dis-
cussion of competition issues in agricultural markets. This is, in part,
because of historical provisions excluding many agricultural markets from
competition overview, most notably in the EU. The role of the Common
Agricultural Policy and general `exception' afforded agriculture in compe-
tition law is neither new nor surprising. It should be remembered that com-
petition policy in its modern form first emerged in the USA, Canada and
Australia as a rural revolt against urban `trusts' that were seen to be doing
down the farm communities.1 This original rural revolt has affected the
manner ...