Geography Reference
In-Depth Information
2.41
In its only determinations to date on GIs under the TRIPS Agreement the
WTO dispute panel ruled that a 'designation of origin' and 'geographical
indication' as defined in EC legislation in different terms were a subset of
geographical indications as defined in Art 22.1.
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Under the TRIPS Agreement a GI to be protected has to be an indication, but
not necessarily the name of a geographical place on earth. Thus, for example,
'Basmati' is taken to be an indication for rice coming from the Indian subconti-
nent, although it is not a place name as such. The indication has to identify
goods as originating in the territory of a Member, a region or a locality of that
territory. This definition also indicates that goods to be protected should
originate in the territory, region or locality to which they are associated. This
suggests that licences for the use of GIs cannot be protected under the TRIPS
Agreement.
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The TRIPS definition permits Members to protect the GIs of goods where the
quality, reputation or other characteristic of goods are attributable to their
geographical origin.
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(b) Permitted methods for the protection of geographical indications
Article 22.2 of the TRIPS Agreement requires that 'in respect of geographical
indications', Members of the WTO shall provide the 'legal means' for 'inter-
ested parties' to prevent:
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(a)
the use of any means in the designation or presentation of a good that
indicates or suggests that the good in question originates in a geographical
area other than the true place of origin in a manner which misleads the
public as to the geographical origin of the good;
(b)
any use which constitutes an act of unfair competition within the meaning
of Article 10
bis
of the Paris Convention (1967).
(i) 'In respect of'
In
EC - Trademarks and Geographical Indications (Australia)
the Panel inter-
preted the obligation to provide certain legal means 'in respect of ' GIs as an
obligation to provide for the protection of GIs and rejected a claim concerning
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12
European Communities - Protection of Trademarks and Geographical Indications for Agricultural Products
and Foodstuffs, Complaint by the United States, Report of the Panel (hereinafter '
Panel Report, EC -
Trademarks and Geographical Indications (US)
), WT/DS174/R, 15 March 2005, para 7.738; European Com-
munities - Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs,
Complaint by Australia, Report of the Panel (hereinafter '
Panel Report, EC - Trademarks and Geographical
Indications (Australia)
'), WT/DS290/R 15 March 2005, para 7.711.
