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Book Title: Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules
Editor(s): Correa, M. Carlos
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781849801072
Section: Chapter 5
Section Title: The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations
Author(s): Vivas-Eugui, David; Oliva, María Julia
Number of pages: 20
Extract:
5 The WTO dispute on trademarks
and geographical indications: some
implications for trade policy-making and
negotiations
David Vivas-Eugui and María Julia Oliva*
1. Introduction
The World Trade Organization (WTO) dispute on European Communities
Protection of Trademarks and Geographical Indications for Agricultural
Products and Foodstuff (EC GIs) has captured the attention of policy-
makers, negotiators, academia and agricultural and food producers
around the world. As a chapter in the long-standing conflict over the use
and control of certain geographical names over agricultural and food
stuff between European countries and what are termed the `new world'
countries (United States, Australia, Argentina, Chile, and South Africa,
among others), both the backdrop and implications of the EC GIs
dispute extend far beyond the specific case. As a result, an analysis of the
context of the case, the findings of the Panel, and the potential impact of
the decision far from an academic exercise provide significant lessons
for the ongoing implementation and negotiation of geographical indica-
tions (GIs) in the framework of the Agreement on Trade-related Aspects
of Intellectual Property Rights (TRIPS Agreement).
In the EC GIs case, the United States and Australia challenged some
aspects of the EU regulation on GIs in force at that time (EC Council
Regulation No. 2081/92 of 14 July 1992) as inconsistent with the provi-
sions of the TRIPS Agreement and the General Agreement on Tariffs and
Trade (GATT) of 1994. At stake more generally, however, were inherently
different perspectives on the objectives ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2010/562.html