The Provisions on Geographical Indications in the TRIPS Agreement



M. Geuze

- second, the general standards of protection that must be available for all
geographical indications;

- third, the additional protection that must be accorded to geographical indications
for wines and spirits;

- fourth, the provisions concerning, on the one hand, future negotiations aimed at
increasing the protection of geographical indications and, on the other, permissible
exceptions to the protection required under the agreement.

The protection provided under the agreement has to be available to rights holders
from WTO members without discrimination as to their nationality.7 The agreement
also specifies in some detail the procedures and remedies that must be available so as
to allow rights holders to effectively enforce their rights with the assistance of judicial
or other competent authorities.8 It also incorporates, by reference, the provisions of the
Paris Convention relating to geographical indications.9

Definition

The agreement defines geographical indications in Article 22.1 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. Thus, this definition specifies that
the quality, reputation or other characteristics of a good can each be a sufficient basis
for eligibility as a geographical indication, where these are essentially attributable to
the geographical origin of the good.10 11

General Standards of Protection

Article 22.2 refers to the general standards of protection that must be available for all
geographical indications. In particular, the agreement provides that legal means must
be provided to prevent the use of geographical indications in ways that mislead the
public as to the geographical origin of the good.12 In addition, the agreement requires
that legal means must be provided to prevent use which constitutes an act of unfair
competition within the meaning of Article 10
bis of the Paris Convention.13 Protection
must also be available against the registration of a trademark that contains a
geographical indication with respect to goods not originating in the territory indicated
whose use for such goods would be of such a nature as to mislead the public as to the
true place of origin.14

Additional Protection for Wines and Spirits

Article 23 of the TRIPS Agreement provides for additional protection in relation to
geographical indications for wines and spirits. Pursuant to Article 23.1, interested
parties must have the legal means to prevent
the mere use of a geographical indication

53


Estey Centre Journal of International Law and Trade Policy



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