Geography Reference
In-Depth Information
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The OIV resolution on geographical indications and homonyms
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defines the
homonymy of a geographic indicator as used to designate a wine or spirit
beverage of viticultural origin as used in several countries with a common
spelling and/or identical pronunciation and recommends that Member States
of the OIV should, when setting differentiation rules for these homonymous
names:
+
consider the official recognition used in the country of origin,
+
consider the length of time the name has been in use,
+
consider whether the usage is in good faith,
+
consider the importance of presenting the homonymous labels to market-
ing,
+
encourage mentioning sufficient distinguishing information to avoid
confusion of consumers.
B. THE WTO TRIPS AGREEMENT
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The protection of GIs was a key demand of European negotiators at the
Uruguay Round of the GATT. The competing positions were those of the EU
and Switzerland, which proposed a French style of protection, and the USA,
which favoured the protection of GIs through a certification mark system. In
the result, section 3 of Part VII of the TRIPS Agreement covers four main
topics: (a) protection of GIs; (b) GIs and trade marks; (c) additional protection
for GIs for wines and spirits; and (d) review of section 3. These topics are
examined below together with an account of GIs disputes under the TRIPS
Agreement.
1. Protection of geographical indications
(a) Definition
Article 22.1 of the TRIPS Agreement defines geographical indications for the
purposes of the Agreement as 'indications which identify a good as originating
in the territory of a Member, or a region or locality in that territory, where a
given quality, reputation or other characteristic of the good is essentially
attributable to its geographical origin'. This definition expands the Lisbon
Agreement concept of appellation of origin to protect goods which merely
derive a reputation from their place of origin without possessing a given quality
or other characteristics which is due to that place.
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Resolution ECO 3/99 at http://www.oiv.int/oiv/info/enresolution.
