Geography Reference
In-Depth Information
GIs provisions of the WTO Agreement on Trade Related Aspects of Intellec-
tual Property Rights (TRIPS Agreement), which is increasingly influencing the
jurisprudence of the European Court of Justice (ECJ) on this subject. Chapter 3
examines the European legislation concerned with the protection of GIs and
designations of origin for agricultural products and foodstuffs. This is based on
the legal framework provided by EU Regulation No 1151/2012 of the Euro-
pean Parliament and of the Council of 21 November 2012 on quality schemes
for agricultural products and foodstuffs, which repealed and replaced Council
Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and
foodstuffs as traditional specialities guaranteed and Council Regulation (EC)
No 510/2006 of 20 March 2006 on the protection of geographical indications
and designations of origin for agricultural products and foodstuffs.
1.05
Chapter 4 surveys the European legislation concerning wines, focusing upon
Council Regulation 479/2008 of 29 April 2008 on the common organisation of
the market in wine as updated by Commission Regulation (EC) No 607/2009
of 14 July 2009 and by Commission Regulation (EC) No 114/2009 of 6
February 2009. Chapter 5 deals with the protection of GIs and designations of
origin for spirits in Europe and looks at the regime inaugurated by Regulation
(EC) No 110/2008 of 15 January 2008 of the European Parliament and of the
Council of 15 January 2008 on the definition, description, presentation,
labelling and the protection of geographical indications of spirit drinks. This
chapter also examines Commission Implementing Regulation (EU) No 716/
2013 of 25 July 2013, which contains rules dealing in particular with the use of
compound terms, allusions, sales denominations and GIs for the presentation of
spirit drinks and the application and objections process for GIs.
1.06
Chapter 6 is taken up with the protection of GIs by European trade marks,
collective marks and certification marks legislation. It looks at the proposed
amendments to the Community Trade Mark Regulation to provide for the
registration of certification marks. The common law remedy in passing off is
examined in its application to geographical marks and the chapter concludes
with
an
examination
of
the
World
Intellectual
Property
Organization's
(WIPO) Uniform Domain Name Dispute Resolution Policy.
1.07
Chapter 7 looks at the enforcement of GIs in Europe. This entails a detailed
consideration of the Civil Enforcement Directive (Directive 2004/48/EC of
the European Parliament and of the Council of 29 April 2004 on the enforce-
ment of intellectual property rights) and Regulation (EU) No 608/2013 of the
European Parliament and of the Council of 12 June 2013 concerning customs
enforcement of intellectual property which replaced Council Regulation (EC)
No 1383/2003 of 22 July 2003 concerning customs action against goods
