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Vivas-Eugui, David; Oliva, María Julia --- "The WTO Dispute on Trademarks and Geographical Indications: Some Implications for Trade Policy-Making and Negotiations" [2010] ELECD 562; in Correa, M. Carlos (ed), "Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

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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