Extending The Protection Of Geographical Indications

Author: Michael Blakeney
Publisher: Routledge
ISBN: 1136478787
Size: 75.46 MB
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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.

The Importance Of Place Geographical Indications As A Tool For Local And Regional Development

Author: William van Caenegem
Publisher: Springer
ISBN: 3319530739
Size: 25.19 MB
Format: PDF, Mobi
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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 Indications And Agricultural Products

Author: Cerkia Grant
Publisher:
ISBN:
Size: 13.72 MB
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The European Union is proposing that the additional protection for geographical indications afforded to wine and spirits in section 23.1 of the TRIPS agreement be extended to include geographical indications of other agricultural products. Those opposing increased protection for geographical indications represent those countries which do not have a strong history of traditional food products and are generally considered new world countries. South Africa, as part of the new world, has as of yet failed to take a position on the matter. In light of this debate, this study sets out to investigate the relevance of geographical indications in a South African context in order to make recommendations for South Africa's position in the debate at multi-lateral level. The topic is approached by first contextualizing the subject matter where after the economic rationale for the protection thereof is explored. A comprehensive literature study identifies the factors which contribute to a product's potential to benefit from geographical indication protection. Based on these factors, three South African products, Rooibos, Klein Karoo ostrich and Honeybush, are analyzed and an ex ante judgment made as to their potential to benefit from geographical indication protection. It is hypothesized that geographical indications are indeed relevant in a South African context given that there are many South African products which are considered to be highly localized with a strong association between the region and the product. The Rooibos scenario is used to illustrate the need for timely protection of our national assets and sets the tone for the discussion of the two further case studies. It is found that despite widespread reputation, Klein Karoo ostrich may not ideally benefit from geographical indication protection given its lack of specificity. In contrast, it is found that Honeybush tea is a highly localised product with strong specificity and therefore stands to benefit from geographical indication protection. The study concludes that there are indeed South African products which could potentially benefit from geographical indication protection. Based on this, recommendations are made for South Africa's position in the debate at multi-lateral level. It is recommended that the South African government take note of the potential of geographical indications to foster rural development and the need to protect our national assets from foreign appropriation. It is further recommended that this be done by firstly coming out in support of the European proposal for a mandatory system of registration for all products bearing a geographical indication and secondly, by providing for the development of an institutional framework within which to protect geographical indications domestically.

The Protection Of Geographical Indications In India

Author: Delphine Marie-Vivien
Publisher: SAGE Publications India
ISBN: 9351505448
Size: 59.94 MB
Format: PDF
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The How and the Why of protecting the unique identity of local products in the age of globalization. ‘It is decreed that no wine merchant can mix two wines together. Disregarding this law can entail a loss of wine and a fine’, and with these words a certain king of France in 1351 gave birth to what we now know as geographical indications (GIs). From the aromatic Basmati rice to the rich taste of Darjeeling tea in India and from the sparkling white wine of Champagne to the blue cheese of Roquefort in France, all locale-specific products are protected by GIs. The book compares the case of India with that of France where GIs originated and investigates how India has successfully extended its GIs to handicrafts while France and Europe still remain confined to foodstuff. It is a significant study in light of the increased Trade-Related Aspects of Intellectual Property Rights and World Trade Organization regime. A must-have for producers, practitioners, lawyers, policy makers, researchers, academics and students of law.

Geographical Indications At The Crossroads Of Trade Development And Culture

Author: Irene Calboli
Publisher: Cambridge University Press
ISBN: 1107166330
Size: 48.75 MB
Format: PDF, ePub
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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.

The Economics Of Geographical Indications

Author: Daniela Benavente
Publisher: Graduate Institute Publications
ISBN: 2940503214
Size: 16.30 MB
Format: PDF, Docs
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This book seeks to contribute to an understanding of the role played by international trade law in shaping economic outcomes from a theoretical perspective. The focus is on geographical indications (GI), an intellectual property right defined in the TRIPs Agreement of the WTO. The premise is that a GI can be conceptualized as a ‘club asset’: firms that produce GI-labelled goods both add value and derive benefits from the GI. The book starts by presenting a dynamic model of GI reputation under the assumption that quality is endogenous. This is followed by a static partial equilibrium model of club optimality conditions under the assumption that quality is exogenous (defined by a standard). The author concludes by presenting a model of the welfare effects of the so called “claw-back” of GIs, when a country starts protecting a foreign GI previously considered generic.

Intellectual Property And Traditional Knowledge In The Global Economy

Author: Teshager W. Dagne
Publisher: Routledge
ISBN: 1317701917
Size: 59.31 MB
Format: PDF
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Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Waste And Environmental Policy

Author: Massimiliano Mazzanti
Publisher: Routledge
ISBN: 0415619785
Size: 75.81 MB
Format: PDF, Mobi
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This research deals with the increasingly complex issues of waste generation, waste management and waste disposal that in less developed industrialised countries present diverse but critical concerns. It takes a socio-economic and policy-oriented perspective and provides empirical evidence at EU and regional level. The EU and Italy are taken as relevant case studies given the disparities in environmental performances between less and more developed areas. The rich and various empirical evidence shows that a robust delinking between waste generation and economic growth is still not present, thus future policies should directly address the problem at the source by targeting waste generation in EU countries. Some structural factors like population density and urbanisation present themselves as relevant drivers of both waste management and landfill diversion. Nevertheless, economic and structural factors alone are not sufficient to improve waste performances. Though waste policies are to be redesigned by covering the entire area of waste management, some first signals of policy effectiveness are arising. This work will be of most interest to those students of environmental economics and environmental sciences, as well as policy makers, waste utility managers and companies in the waste management sector.

Global Agricultural Trade And Developing Countries

Author: M. Ataman Aksoy
Publisher: World Bank Publications
ISBN: 9780821383490
Size: 17.76 MB
Format: PDF
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Global Agricultural Trade and Developing Countries presents research findings based on a series of commodity studies of significant economic importance to developing countries. The book sets the stage with background chapters and investigations of cross-cutting issues. It then describes trade and domestic policy regimes affecting agricultural and food markets, and assesses the resulting patterns of production and trade. The book continues with an analysis of product standards and costs of compliance and their effects on agricultural and food trade. The book also investigates the impact of preferences given to selected countries and their effectiveness, then reviews the evidence on the attempts to decouple agricultural support from agricultural output. The last background chapter explores the robustness of the global gains of multilateral agricultural and food trade liberalization. Given this context, the book presents detailed commodity studies for coffee, cotton, dairy, fruits and vegetables, groundnuts, rice, seafood products, sugar, and wheat. These markets feature distorted policy regimes among industrial or middle-income countries. The studies analyze current policy regimes in key producing and consuming countries, document the magnitude of these distortions and estimate the distributional impacts - winners and losers - of trade and domestic policy reforms. By bringing the key issues and findings together in one place, Global Agricultural Trade and Developing Countries aids policy makers and researchers, both in their approach to global negotiations and in evaluating their domestic policies on agriculture. The book also complements the recently published Agriculture and the WTO, which focuses primarily on the agricultural issues within the context of the WTO negotiations.