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Das, Kasturi --- "Unresolved Issues on Geographical Indications in the WTO" [2010] ELECD 455; in Correa, M. Carlos (ed), "Research Handbook on the Protection of Intellectual Property under WTO Rules" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on the Protection of Intellectual Property under WTO Rules

Editor(s): Correa, M. Carlos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209047

Section: Chapter 14

Section Title: Unresolved Issues on Geographical Indications in the WTO

Author(s): Das, Kasturi

Number of pages: 67

Extract:

14 Unresolved issues on geographical
indications in the WTO
Kasturi Das


1. The backdrop
The protection of Geographical Indications (GIs) has, over the years,
emerged as one of the most contentious intellectual property rights
(IPRs) issues in the realm of the Agreement on Trade-related Aspects of
Intellectual Property Rights (TRIPS) of the World Trade Organization
(WTO). Interestingly, while the Uruguay Round (1986­94) negotiations
were witness to a major North­South division regarding the inclusion of
IPRs on the agenda, GIs was the only issue on which there was a signifi-
cant North­North divide all through the Uruguay Round negotiations.
In fact, the torch-bearers of the IPRs agenda in the Round, namely, the
United States and the European Communities (EC),1 were at loggerheads
on this particular issue. While the EC was aggressively pushing for fool-
proof protection for GIs, particularly for those pertaining to wines and
spirits, the United States was strictly opposed to even recognizing GIs
as a separate category of IPRs, arguing instead for its inclusion only as a
part of the trademarks field. Divisions also existed among other developed
countries and among developing countries, exacerbating the difficulties
of the negotiations further. The eventual framework of the TRIPS pro-
visions on GIs reflected a very sensitive compromise reached during the
Uruguay Round in which a higher level of protection was granted for
wines and spirits2 compared to all other categories of GIs, ostensibly for
the political reason of persuading the EC to join the ...


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