M. Geuze
Context and in the Light of its Object and Purpose.” WIPO International
Symposium on Geographical Indications, Beijing, China, 26-28 June 2007.
12. TRIPS, Article 22.2(a).
13. TRIPS, Article 22.2(b). Pursuant to Article 10bis of the Paris Convention, this
includes “any act of competition contrary to honest practices in industrial or
commercial matters”, in particular
- “All acts of such a nature as to create confusion by any means whatever with the
establishment, the goods, or the industrial and commercial activities, of a
competitor;
- “False allegations in the course of trade of such a nature as to discredit the
establishment, the goods or the industrial and commercial activities, of a
competitor;
- “Indications or allegations the use of which in the course of trade is liable to
mislead the public as to the nature, the manufacturing process, the characteristics,
the suitability for their purpose, or the quality of the goods.”
14. TRIPS, Article 22.3.
15. TRIPS, Article 23.2.
16. An example is “Rioja”, La Rioja being the name of wine-producing regions that
exist in both Argentina and Spain.
17. TRIPS, Article 22.4.
18. TRIPS, Article 23.3.
19. See section III below.
20. TRIPS, Article 24.6.
21. Australia and the United States initiated dispute settlement procedures against the
European Communities for its alleged non-compliance with these obligations. See
the panel reports contained in WTO documents WT/DS174/R and WT/DS290/R.
22. TRIPS, Article 24.5.
23. 15 April 1994.
24. TRIPS, Article 24.4.
25. TRIPS, Article 24.3.
26. Dariel de Sousa, “Protection of Geographical Indications under the TRIPS
Agreement and Related Work of the World Trade Organization (WTO).” WIPO
Symposium on the International Protection of Geographical Indications,
Montevideo, Uruguay, 28-29 November 2001.
63
Estey Centre Journal of International Law and Trade Policy
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