Cultural property rights in the eu geographical indications' system: Cui prodest?

2014 ◽  
pp. 97-104 ◽  
Author(s):  
Katia Laura Sidali ◽  
Achim Spiller
Keyword(s):  
Property Rights ◽  
Cultural Property ◽  
Geographical Indications ◽  
The Eu

scholarly journals The EU and China in International Negotiations on Trade-Related Intellectual Property Rights – Cooperation and Challenges

2020 ◽  
Vol 3 (2) ◽  
pp. 20-42
Author(s):  
Suju Kang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Genetic Resources ◽  
Intellectual Property Rights ◽  
International Negotiations ◽  
Geographical Indications ◽  
Multilateral Negotiations ◽  
Regulatory Cooperation ◽  
Insight Into ◽  
The Eu

Abstract In the multilateral forum of the WTO, trade-related intellectual property issues constitute one of the reasons for the dilemma in Doha negotiations. It is interesting to note, however, an increasing convergence between the EU and China’s policies in supporting the improvement of international intellectual property (IP) protection, and these two actors have even formed an alliance to promote stronger protection for the geographical indications. In order to understand the EU’s and China’s standpoint in international IP regulatory cooperation, it is necessary to examine their interaction and proposals in the WTO framework. This examination will provide insight into the issues on which these two major actors are readily able to reach agreement. It will also reveal the issues on which their differences still remain or have gradually narrowed to facilitate a rapprochement of views; accordingly, this paper reviews cooperation between the EU and China in multilateral negotiations on genetic resources and protection of geographical indications. The study will further examine the challenges leading to obstruction of the Doha negotiations.

scholarly journals Value and protection of geographical indications by the Japanese Wine Law

2019 ◽  
Vol 15 ◽  
pp. 03004
Author(s):  
K. Ebihara ◽  
M. Omura
Keyword(s):  
Internal Market ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Foreign Countries ◽  
National Tax ◽  
Definition Of ◽  
The Eu

Recently, Japanese wine law has changed dramatically. In October 2015, the definition of “Japan wine” and the labelling rules were introduced, and the registration guidelines for the geographical indication (GI) were formulated. Up to now, the Commissioner of the National Tax Agency has designated two wine GIs: “Yamanashi” and “Hokkaido”. However, it is not easy for Japanese consumers to understand the value and the role of GI. The National Tax Agency, prefectures, municipal authorities and winery associations organise from time to time promotional events of GI wines to spread the notion of GI. Even though the majority of “Japan wine”, including GI wine, is consumed in the internal market, it is necessary to protect the Japanese GIs in foreign countries. Due to the EU-Japan EPA that ensures the mutual protection of GIs, it is quite probable that the GI will play an important role in the export of Japanese wine, liquor and agricultural products.

Geographical indications, “Food Fraud” and the Fight Against “Italian sounding” Products

2016 ◽  
Vol 7 (2) ◽  
pp. 416-420 ◽  
Author(s):  
Ignacio Carreño ◽  
Paolo R. Vergano
Keyword(s):  
Economic Impact ◽  
Food Packaging ◽  
Product Information ◽  
Food Product ◽  
Geographical Indications ◽  
Legal Action ◽  
Food Fraud ◽  
Food Ingredients ◽  
The World ◽  
The Eu

Food producers and consumers are confronted with ever-growing choices and increasing competition within the EU and around the world. This has already led to various cases of food fraud and a call for political and legal action. Food fraud can be defined as ‘‘the deliberate and intentional substitution, addition tampering or misrepresentation of food, food ingredients or food packaging, labelling, product information, or false or misleading statements made about a food product’’. Meanwhile, the issue of “food fraud”, by means of employing names, symbols and images of third countries and thereby inducing a false impression on the consumer, appears to have been neglected despite its increasing economic impact. While the EU recently approved two new Geographical Indications (hereinafter, GIs) from third countries, the issue of the protection of Italian products against “rip–off Italian products” with Italian sounding names has taken centre–stage again.

scholarly journals Transatlantic trade and investment partnership (TTIP) and the spill overs effects on the Gulf – cooperation council

2017 ◽  
Vol 59 (1) ◽  
pp. 35-51
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Agreement ◽  
Global Trade ◽  
Content Type ◽  
Transatlantic Trade ◽  
The Usa ◽  
Trade And Investment ◽  
The Eu

Purpose The purpose of this paper is to examine the transatlantic trade and investment partnership (TTIP). The EU and the USA are negotiating the TTIP, a trade agreement that aims to remove trade barriers across different economic sectors to increase trade between the EU and the USA. The TTIP will have spill over effects on the MENA region, the GCC, Australia and the Asian sub-continent, as it raises key questions for intellectual property and international trade agreements. For instance, will the USA and EU be on an equal footing or will one triumph over the other, will third party countries like the GCC states be expected to adopt new standards. Design/methodology/approach The research design is a paper and online data collection method to find literature to date on intellectual property law development in the GCC states in relation to the three research objectives as set out above. The literature is the population, and this could prove problematic. Different databases have been used to cover all sources where data can be found. Findings As the EU-USA TTIP is aiming to conclude by the end of 2015, the GCC has an opportunity to reassess its relationship with both the EU and GCC. Up until now, the GCC was able to enter into negotiations with the EU and USA relatively independently. However, where the EU and USA can agree, there will be a harmonisation of regulations. This therefore has repercussions for the GCC. The TTIP has three main aims: to increase trade and investment through market access, increase employment and competitiveness and create a harmonised approach to global trade. To harmonise global trade, the EU and USA aim to harmonise their intellectual property rights through an intellectual property rights chapter that deals specifically with enhancing protection and recognition for geographical indications, build on TRIPS and patentability. Research limitations/implications This study is non-empirical. Originality/value The TTIP will have spill over effects for the GCC, as it has yet to finalise the EU-GCC free trade agreement and USA-GCC framework agreement. The power dynamics between the USA and EU will be a deciding factor on the intellectual property chapter in the TTIP in terms of what the provisions for intellectual property will look like and what powers will be available to investors to bring investor-state-dispute settlement claims against foreign countries.

Rights, Indigeneity, and the Market of Rastafari

2017 ◽  
Vol 24 (1) ◽  
pp. 57-77 ◽  
Author(s):  
Jovan Scott Lewis
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
The World

Abstract:This article is concerned with the ways in which discourses of rights serve to destabilize indigenous logics when used for gains in the market. It does so through examining a Rastafarian tour group who uses their participation in the tourism market to challenge what they believe are infringed cultural property rights. As a means of commercially defending these rights, the group employs a discourse of indigeneity. In this process, they have gained partial recognition from the World Intellectual Property Organization and increasing acknowledgement from the Jamaican government. However, while the basis of indigeneity strongly supports the case of intellectual and cultural property rights, this recognition ultimately further identifies the group, and Rastafari in general, with Jamaica.

scholarly journals СONFUSING SIMILARITY BETWEEN THE TRADEMARK AND GEOGRAPHICAL INDICATION AS GROUND FOR REFUSAL OF REGISTRATION OF THE MARK: UKRAINE AND THE EU

2020 ◽  
Author(s):  
N. Badora
Keyword(s):  
European Union ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
European Legislation ◽  
Trademark Protection ◽  
Legal Structures ◽  
Similarities And Differences ◽  
The Eu

The criterion of confusing similarity between the trademark and geographical indication as ground for refusal of registration of the mark in accordance with the legislation of Ukraine and the European Union has been studied. The degree of implementation of the norms of legislative acts in the field of trademark protection and protection of geographical indications in the Ukrainian legislation in the framework of cooperation of Ukraine with the European Union has been determined. The conclusions about the peculiarities of legal structures, similarities and differences between Ukrainian and European legislation in the context of defining the criterion of confusing similarity as ground for refusal of registration of a trademark have been made. The directions of a possible further study of the problematic of the article, taking into account the Ukrainian and European normative acts, aimed at protection of both trademarks and geographical indications as means of individualization, have been determined.

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