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Daley, Dianne --- "Canada’s Treatment of Geographical Indications: Compliant or Defiant? An International Perspective" [2008] ELECD 364; in Gendreau, Ysolde (ed), "An Emerging Intellectual Property Paradigm" (Edward Elgar Publishing, 2008)

Book Title: An Emerging Intellectual Property Paradigm

Editor(s): Gendreau, Ysolde

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205971

Section: Chapter 3

Section Title: Canada’s Treatment of Geographical Indications: Compliant or Defiant? An International Perspective

Author(s): Daley, Dianne

Number of pages: 32

Extract:

3. Canada's treatment of geographical
indications: compliant or defiant?
An international perspective
Dianne Daley

INTRODUCTION
TRIPS: The Trigger for Protection of GIs in the Twenty-first Century

To the connoisseur, the fine distinctions between various wines and spirits are
marked by their places of origin. Although such distinctions may elude an
ordinary consumer the fact is that names like Champagne,1 Tequila,2 Canadian
Whisky3 and Scotch4 serve to denote a certain quality, characteristic or repu-
tation of each drink that is essentially attributable to its geographical origin.
Geographical Indications (GIs),5 as they have come to be generally described,
are names, signs or symbols used on or in association with a product denoting
its geographical origin where a special quality, characteristic or reputation of
the product is essentially attributable to that origin.6


1 The name Champagne is protected in the European Union (EU) as a Protected
Designation of Origin (PDO). In France Champagne is protected as a Controlled
Appellation of Origin (Appellation d'Origine Contrôlée).
2 The name Tequila has been protected as a Geographical Indication since 1977.
The liquor derives its name from the town of Tequila located in the state of Jalisco.
3 Canadian Whisky is protected as a Geographical Indication in Canada.
4 The production of Scotch is regulated by the Scotch Whisky Act 1988 (U.K.),
1988, c. 22.
5 In this work the term `GIs' is used interchangeably with `Geographical
Indications' where considered appropriate.
6 GIs are classified as a ...