A Study on Improving the Geographical Indications Protection System in the Korea-EU Free Trade Agreement

2020 ◽  
Vol 64 ◽  
pp. 333-383
Author(s):  
Byungil KIM ◽  
Keyword(s):  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Protection System ◽  
Geographical Indications

Geographical Indications: A Major Challenge for MERCOSUR

2020 ◽  
Vol 69 (11) ◽  
pp. 1113-1122
Author(s):  
Roxana Blasetti
Keyword(s):  
Intellectual Property ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Market Access ◽  
Trade Agreement ◽  
Tariff Reduction ◽  
Geographical Indications ◽  
Private Rights ◽  
Legal Challenges

Abstract This article focuses on the intellectual property chapter of the EU-MERCOSUR Free Trade Agreement. It is not intended to provide an exhaustive analysis of all the intellectual property rights involved but to go deeply into a specific matter, geographical indications, which is undoubtedly a controversial concession in the chapter. The entire free trade agreement negotiations took more than 20 years and ended in June 2019 with an ‘Agreement in principle’. From the very beginning it involved a red line for the MERCOSUR countries, namely the intellectual property chapter. This article will show the complexity of including the private rights of prior users (generic names, plant varieties and trademarks) as a trade-off for agricultural market access in negotiations mainly focused on tariff reduction and trade rules. In addition, the imbalance between the parties was deepened by the lack of regionally harmonized intellectual property standards within MERCOSUR. In this regard, the main objective of this article is to identify the legal challenges derived from the overlap of national, regional and bi-regional rules that the Mercosur countries will face when implementing the geographical indication commitments, given the bloc’s legal and institutional structure. Unlike tariff reduction, the commitments derived from the negotiation of private rights are a crucial issue. Against this background, some proposals are outlined to address how to determine a medium- and long-term strategy based on the needs of local producers to add value to their productions.

scholarly journals 'Stretching the Imagination': Geographical Indications in the EU-Australia FTA Negotiations

2021 ◽  
Vol 11 (2) ◽  
Author(s):  
Sophie Di Francesco-Mayot ◽  
Bruce Wilson
Keyword(s):  
Intellectual Property ◽  
Rural Development ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Geographical Indications ◽  
New Wave ◽  
Challenges And Opportunities ◽  
The Eu ◽  
Intellectual Property Issue

The launch of negotiations for an EU-Australia 'free trade agreement' (FTA) on 18 June 2018 was a confirmation of a 'like-minded' strong partnership, in which both parties had high hopes for an ambitious agreement which would test the new wave of protectionism promoted by Donald Trump.Nonetheless, the initial rounds of negotiations revealed several issues which illustrate the scale of the challenge to be addressed. One such example was the issue of Geographical Indications (GI). The EU and its member states adopt an approach which is highly regulated and prescriptive to safeguard the authenticity of its produce and encourage rural development. Australia approaches this kind of intellectual property issue via a trademark system as well as a sui generis system to better capture the benefits of innovation. This paper analyses the challenges and opportunities an accord on GI's could have for both regions, as revealed in the context of the EU-Australia negotiations. The paper claims that while an agreement on GI's was a significant outcome for the overall FTA, the process adopted by the EU and Australia was in itself a reflection of the ambition for an amicable, dynamic and innovative negotiating process.

Use it or lose it? Ukraine amends its law on GIs*

2019 ◽  
Vol 15 (1) ◽  
pp. 17-18
Author(s):  
Anastasiia Kyrylenko
Keyword(s):  
Free Trade ◽  
Free Trade Agreement ◽  
Legal Protection ◽  
Trade Agreement ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Eu Regulation ◽  
The Eu

Abstract Law of Ukraine ‘On the amendments to certain legal acts of Ukraine concerning the legal protection of geographical indications’, No 123-IX, 20 September 2019 Ukraine has recently amended its basic legislation on geographical indications (GIs) (Law of Ukraine ‘On protection of geographical indications’, No 752-XIV, 16 June 1999). The amendments, modelled upon EU Regulation No 1151/2012 on quality schemes for agricultural products and foodstuffs, entered into force on 1 January 2020 and are aimed at bringing Ukrainian legislation in compliance with the EU/Ukraine free trade agreement.

Sign in / Sign up

Export Citation Format

Share Document