The Protection of Geographical Indications After Doha G.E. Evans Queen Mary, University of London. Structure of Presentation. GIs and the Doha Declaration of 2001 TRIPS: Additional protection for wines and spirits Are PGIs an appropriate means of subsidizing agriculture?
Queen Mary, University of London
Regulation 510/06 provides for PDOs & PGIs:
In accordance with Article 4 (2), the product specification shall include at least:
The Court of Appeal referred the following questions:
For the moment, the legal status of the Melton Mowbray pork pie — a dish originating in the 18th century from the town of Melton Mowbray in Leicestershire — is in the hands of the Luxembourg judges!
- See Cases C-289/96, C-293/96 and C- 299/96, concerning the name 'Feta' for cheese.
Art. 13. provides:
Consider the potential erosion of protection in the case of ‘trademark dependent’ Developing Countries?
TRIPS Art. 24(5), applies where a trademark is already in existence. Where a trademark has been applied for, registered or acquired through actual use in good faith, either:
- the eligibility, validity and right to use the earlier trademark cannot be prejudiced.
For US consumers it’s:
‘Make mine a CZECHVAR!’
In implementing this Section, a Member shall not diminish the protection of geographical indications that existed in that Member immediately prior to the date of entry into force of the WTO Agreement."
2. With due regard to Community law, a trademark the use of which corresponds to one of the situations referred to in Article 13 which has been applied for, registered, or established by use… in good faith within the territory of the Community, before …the date of protection of the….geographical indication in the country of origin or before 1 January 1996, may continue to be used notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist as specified by First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks or Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.
We have no International Consensus concerning: