The Protection of Geographical Indications in China

The Protection of Geographical Indications in China

Author: Xinzhe Song

Publisher: Kluwer Law International B.V.

Published: 2021-11-23

Total Pages: 579

ISBN-13: 940353401X

DOWNLOAD EBOOK

For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.


Book Synopsis The Protection of Geographical Indications in China by : Xinzhe Song

Download or read book The Protection of Geographical Indications in China written by Xinzhe Song and published by Kluwer Law International B.V.. This book was released on 2021-11-23 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time now, there has been conflict concerning the role in the global marketplace of certain agricultural or handcrafted products of specific geographical origin: whether they should come under trademark law (as favoured by common law countries such as the United States) or under the geographical indications (GI) system developed in France and subsequently promoted by the European Union (EU). At this moment, China is in the eye of the storm. Taking fully into account the legislative and judicial gaps in China’s compromised embrace of the GI concept, this book shows how the Chinese case brings to prominence fundamental issues relating to the functional dissimilarity between trademarks and GIs, the treatment of the terroir concept, the role of GIs in rural development, and the challenges of adopting the French and European model in other countries, especially in East Asia. Providing detailed information on how GIs are registered, protected, and managed in China, France, and the EU, the book includes such practical analysis as the following: comparison between the Chinese and European GI systems to highlight differences in essential elements for GI registration and protection; mistakes and errors arising from forcing the GI function into trademark law; the increasingly larger scope of EU GI protection, protection of collective marks containing GIs, and the extension of GI protection to handicrafts; who is responsible for the protection of each registered name and who can sue for infringement; and legislative options for future GI protection in China. Recognizing not only that GIs protect consumers against fraud and producers against unfair competition but also that the goals include the preservation of rural development, cultural heritage, and traditional knowledge, as well as environmental and ecological protection, this book provides a comprehensive reference on legal tools available for policymakers, legal practitioners, researchers, and local producers concerned with GI or trademark issues in China, France, or the EU. It will prove greatly helpful to corporate lawyers filing international registration applications and taking legal action. It will also be of inestimable value to officials in a variety of countries that are considering developing or improving systems to enhance the value of terroir products, and to academics interested in intellectual property law, trademark law, agriculture policy, GI legislation, or World Trade Organization (WTO) rules.

The Protection of Geographical Indications

The Protection of Geographical Indications

Author: Michael Blakeney

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 562

ISBN-13: 1788975413

DOWNLOAD EBOOK

Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.


Book Synopsis The Protection of Geographical Indications by : Michael Blakeney

Download or read book The Protection of Geographical Indications written by Michael Blakeney and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU.

Extending the Protection of Geographical Indications

Extending the Protection of Geographical Indications

Author: Michael Blakeney

Publisher: Routledge

Published: 2013-03-05

Total Pages: 386

ISBN-13: 1136478787

DOWNLOAD EBOOK

The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.


Book Synopsis Extending the Protection of Geographical Indications by : Michael Blakeney

Download or read book Extending the Protection of Geographical Indications written by Michael Blakeney and published by Routledge. This book was released on 2013-03-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TRIPS Agreement (for trade-related intellectual property rights) provides for the general protection of geographical indications (GIs) of product origin, including for example the special protection of wines and spirits and for the creation of a multilateral register for wines. The African Group of countries has been in the forefront of countries agitating in the World Trade Organization TRIPS Council for the extension of this special protection and of the multilateral register to industries which are of interest to developing countries, primarily agriculture. The so-called "extension question" is the central feature of the Doha Development Agenda at both the WTO and World Intellectual Property Organization. This book provides some empirical evidence and applied legal and economic reasoning to this debate. It provides both a general review of the key issues and a series of case studies from six Anglophone and four Francophone countries in Africa. These focus on major agricultural commodities such as coffee, cotton, cocoa and tea, as well as more specific and local products such as Argan oil and Oku white honey.

Geographical Indications : An Introduction, 2nd edition.

Geographical Indications : An Introduction, 2nd edition.

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2021

Total Pages: 44

ISBN-13: 9280532839

DOWNLOAD EBOOK

This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.


Book Synopsis Geographical Indications : An Introduction, 2nd edition. by : World Intellectual Property Organization

Download or read book Geographical Indications : An Introduction, 2nd edition. written by World Intellectual Property Organization and published by WIPO. This book was released on 2021 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an introduction to geographical indications, explaining their basic features, use and protection as an intellectual property right. Written for non-experts, it is a starting point for readers seeking to learn more about the topic.

The Law of Geographical Indications

The Law of Geographical Indications

Author: Bernard O'Connor

Publisher: Cameron May

Published: 2004

Total Pages: 496

ISBN-13: 1874698996

DOWNLOAD EBOOK

Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names.


Book Synopsis The Law of Geographical Indications by : Bernard O'Connor

Download or read book The Law of Geographical Indications written by Bernard O'Connor and published by Cameron May. This book was released on 2004 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over time, a product made in a specific place can develop a unique reputation. This reputation is often due to special characteristics present in the place: its people, its climate and its landscape. There are thousands of examples. In the food and drinks sector there are fruits and vegetables, wines, cheeses and cured meats: Champagne; Chedder, Parma ham and Tipperary turnips. In manufacturers there are Persian carpets, Murano glass, Toledo steel and Japanese electronics. Should all these reputations be protected by law and if so how? This book "The Law of Geographical Indications" addresses these questions. The book examines what names can and cannot be protected in national and international law and the nature of the protection given. In the last years there has been a rapid expansion of the protection given to geographical indications. The book looks at the specific systems adopted in some countries and the general systems in others. Protection is most developed in Europe and specific attention is given to the rules in the European Union and the bilateral agreements the EU has forged with many third countries. The book also examines protection in international law from the 1883 Paris Convention on the protection of intellectual property in general to the more recent TRIPs Agreement in the WTO. Also examined are the two most controversial legal issues surrounding the protection of geographical indications, namely, conflicts between trademarks and geographical indications and the generic character of certain names.

Geographical Indications at the Crossroads of Trade, Development, and Culture

Geographical Indications at the Crossroads of Trade, Development, and Culture

Author: Irene Calboli

Publisher: Cambridge University Press

Published: 2018-12-13

Total Pages: 0

ISBN-13: 9781316617403

DOWNLOAD EBOOK

Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.


Book Synopsis Geographical Indications at the Crossroads of Trade, Development, and Culture by : Irene Calboli

Download or read book Geographical Indications at the Crossroads of Trade, Development, and Culture written by Irene Calboli and published by Cambridge University Press. This book was released on 2018-12-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

Relocating the Law of Geographical Indications

Relocating the Law of Geographical Indications

Author: Dev Gangjee

Publisher: Cambridge University Press

Published: 2012-02-23

Total Pages:

ISBN-13: 1107375630

DOWNLOAD EBOOK

There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.


Book Synopsis Relocating the Law of Geographical Indications by : Dev Gangjee

Download or read book Relocating the Law of Geographical Indications written by Dev Gangjee and published by Cambridge University Press. This book was released on 2012-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law. He traces the emergence of geographical indications as a distinct category while investigating the key distinguishing feature of the link between regional products and their places of origin. The research addresses long-standing puzzles, such as the multiplicity of regimes operating in this area; the recognition of the link between product and place and its current articulation in the TRIPS definition; the varying scope of protection; and the extent to which geographical indications ought to be treated as a category distinct from trade marks.

Research Handbook on Intellectual Property and Geographical Indications

Research Handbook on Intellectual Property and Geographical Indications

Author: Dev S. Gangjee

Publisher: Edward Elgar Publishing

Published: 2016-02-26

Total Pages: 592

ISBN-13: 1784719471

DOWNLOAD EBOOK

In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.


Book Synopsis Research Handbook on Intellectual Property and Geographical Indications by : Dev S. Gangjee

Download or read book Research Handbook on Intellectual Property and Geographical Indications written by Dev S. Gangjee and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge. The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use. This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.

The Importance of Place: Geographical Indications as a Tool for Local and Regional Development

The Importance of Place: Geographical Indications as a Tool for Local and Regional Development

Author: William van Caenegem

Publisher: Springer

Published: 2018-07-19

Total Pages: 0

ISBN-13: 9783319850559

DOWNLOAD EBOOK

This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.


Book Synopsis The Importance of Place: Geographical Indications as a Tool for Local and Regional Development by : William van Caenegem

Download or read book The Importance of Place: Geographical Indications as a Tool for Local and Regional Development written by William van Caenegem and published by Springer. This book was released on 2018-07-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.

Geographical Indication and Global Agri-Food

Geographical Indication and Global Agri-Food

Author: Alessandro Bonanno

Publisher: Routledge

Published: 2019-06-25

Total Pages: 245

ISBN-13: 0429895127

DOWNLOAD EBOOK

This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.


Book Synopsis Geographical Indication and Global Agri-Food by : Alessandro Bonanno

Download or read book Geographical Indication and Global Agri-Food written by Alessandro Bonanno and published by Routledge. This book was released on 2019-06-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the relevance of geographical indication (GI) as a tool for local and socio-economic development and democratization of agri-food, with case studies from Asia, Europe and the Americas. A geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It provides not only a way for businesses to leverage the value of their geographically unique products, but also to inform and attract consumers. A highly contested topic, GI is praised as a tool for the revitalization of agricultural communities, while also criticized for being an instrument exploited by global corporate forces to promote their interests. There are concerns that the promotion of GI may hamper the establishment of democratic forms of development. The contributing authors address this topic by offering theoretically informed investigations of GI from around the world. The book includes case studies ranging from green tea in Japan, olive oil in Turkey and dried fish in Norway, to French wine and Mexican Mezcal. It also places GI in the broader context of the evolution and trends of agri-food under neoliberal globalization. The book will be of interest to researchers, policy makers and students in agri-food studies, sociology of food and agriculture, geography, agricultural and rural economics, environmental and intellectual property law, and social development.