Geography Reference
In-Depth Information
become a protected denominazione in Italy until 1967 (Hughes, 2006 at 350).
He suggests that the European enthusiasm for protecting GIs is more a
reflection of contemporary agricultural policy than a desire to preserve historic
institutions.
1.18
The development of large-scale industrial production, which was a feature of
the Industrial Revolution, led to demands for the legal protection of the brands
of individual producers as indications of the source of their goods. Large-scale
production made it possible for manufacturers to produce goods of a consistent
quality and their brands became a warranty of the quality of their goods. Unlike
GIs which referred to the geographical place of production, manufacturers
demanded a system for the protection of their reputation either as producers of
goods, or later on, as standing behind the quality of the goods produced in their
name. The passing off action was developed by the English courts as a means
for manufacturers to protect the indicia of their commercial reputations from
misappropriation by those seeking to have a free ride on those reputations.
These indicia included names, marks and symbols. To secure protection under
the tort of passing off, plaintiffs had first to establish the existence of a
commercial reputation in the jurisdiction. A protectable commercial reputation
was typically established on the basis of the evidence of others in the trade and
of consumers. This tended to take up a considerable amount of court time and
as a consequence the registered trade marks system was developed under which
possession of a valid trade mark registration certificate replaced the necessity to
prove a commercial reputation. Under the registered trade marks system
individual traders could enforce the exclusive right to their marks as a private
proprietary right.
1.19
The evolution of the private trade mark system did not result in the disappear-
ance of geographical marks. Particularly in Europe, substantial processed foods
markets and markets for alcoholic beverages remained dependent upon the
continued recognition of geographical marks. Indeed, for European negoti-
ators, the inclusion of these marks in the TRIPS Agreement was a significant
achievement of the Uruguay Round of the General Agreement on Tariffs and
Trade (GATT).
C. DEFINITIONS
1.20
A number of commentators on the law of GIs note a considerable diversity in
the terminology concerning GIs. Norma Dawson (2000 at 591-2) among
others (eg Conrad, 1996 at 13-14) suggests that this terminological diversity
might result from the various international agreements that have attempted to
 
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