The Protection of Geographical Indications in China

The Protection of Geographical Indications in China
Author: Xinzhe Song
Publisher: Kluwer Law International B.V.
Total Pages: 579
Release: 2021-11-23
Genre: Law
ISBN: 940353401X

For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

The nutrition and health potential of geographical indication foods

The nutrition and health potential of geographical indication foods
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Total Pages: 92
Release: 2021-03-30
Genre: Health & Fitness
ISBN: 9251341605

Traditional foods, diets and food systems play an important role in people’s nutritional status. As the best products of traditional food systems, geographical indication (GI) foods have a great potential to contribute to healthy diets and curb non-communicable diseases. This paper presents five case studies around the world on the nutritional potential of registered GI foods and explores the link between the production processes and the nutritional composition of the final products. The nutritional characteristics of these foods can be largely attributed to their unique ingredients and production procedures, which are linked to their geographical origins.The paper also discusses the development of GI specifications to maintain and improve nutritional values, the role of GI foods in healthy diets, and the determination of food composition. Finally, suggestions on how to leverage GI foods for healthy diets are provided.

The Protection of Geographical Indications

The Protection of Geographical Indications
Author: Michael Blakeney
Publisher: Edward Elgar Publishing
Total Pages: 733
Release: 2024-09-06
Genre: Law
ISBN: 1035332264

In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws which regulate the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. Key updates include new material exploring the 2023 Regulation on GIs for craft and industrial products, and the protection of wine GIs under the Common Organisation of Agricultural Markets (CMO).

Research Handbook on Intellectual Property and Geographical Indications

Research Handbook on Intellectual Property and Geographical Indications
Author: Dev S. Gangjee
Publisher: Edward Elgar Publishing
Total Pages: 596
Release: 2016-02-26
Genre: Business & Economics
ISBN: 1784719471

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

The Cambridge Handbook of International and Comparative Trademark Law

The Cambridge Handbook of International and Comparative Trademark Law
Author: Irene Calboli
Publisher: Cambridge University Press
Total Pages: 0
Release: 2023-03-30
Genre: Law
ISBN: 9781009293136

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

The Lisbon System

The Lisbon System
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 6
Release: 2011
Genre: Law
ISBN: 9280520180

The Lisbon System facilitates the international protection of appellations of origin through one single registration procedure. The Lisbon system does away with the need to file multiple registrations at different offices and covers over two dozen countries in Africa, Asia, Europe, and Latin America.

WTO

WTO
Author: Peter-Tobias Stoll
Publisher: BRILL
Total Pages: 945
Release: 2009
Genre: Political Science
ISBN: 9004145672

This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.

Strengthening sustainable food systems through geographical indications

Strengthening sustainable food systems through geographical indications
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Total Pages: 158
Release: 2018-06-25
Genre: Political Science
ISBN: 9251303894

This study seeks to provide empirical evidence on the economic impacts that are generated through the Geographical Indication (GI) process beginning with the official recognition of a GI and the steps that follow. It focuses on the food sector and reviews nine cases, offering a variety of national contexts and local value chains. The approach, considers “operational” GI processes: those in which a code of practice (or specifications) is defined and the GI is used and managed by a collective organization. The synthetic outcome of these nine cases show the positive effect of GIs on the economy and confirm the importance of specification that is well defined and implemented through producers’ coordinated action.

Relocating the Law of Geographical Indications

Relocating the Law of Geographical Indications
Author: Dev Gangjee
Publisher: Cambridge University Press
Total Pages:
Release: 2012-02-23
Genre: Law
ISBN: 1107375630

There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.