Developments in international treaties and European law in the area of regulation of geographical indications of products and tensions between the European and Anglo-Saxon approaches to their protection
Hana Kelblová
Mendel University in Brnohttps://orcid.org/0000-0001-5862-6688
Jana Mikušová
Mendel University in Brnohttps://orcid.org/0000-0001-9853-0066
Abstract
The aim of the article is, based on a summary of the development of legal regulation of geographical indications at the international level, to draw attention to the problem of inconsistent legal regulation of geographical indications in different countries and the resulting problems for authorised holders of these indications. The article clarifies the specific nature of this intellectual property right and the continuous conflict between the states of the old (EU) and the new world (USA, Canada, Australia). A contradiction between the European system of protection of geographical indications sui generis and Common Law protection through certification and collective trademarks is identified. The EU and developing countries argue that a different level of protection will allow competitors who do not fall within the geographical area of the protected geographical indication to ‘parasitise’ on the reputation of the products, while the rightful holders of GI rights cannot defend themselves against such abuse if the unauthorised producer indicates the true origin of the product. An evaluation of the Geneva Act as an attempt to bridge the conflict is carried out. The Geneva Act improves and simplifies the international registration procedure not only for designations of origin, but also for geographical indications in countries that are not members of the Geneva Act. In conclusion, the direction of the new European legislation implemented by Regulations 2024/1143 and 2023/2411 is analysed, and the “intransigence” of European states to remain in the sui generis system based on practically unlimited protection of geographical indications is stated. The historical-legal and theoretical-legal methods were used in the research.
Keywords:
law, geographical indications, international treaties, Geneva Act, Regulation (EU) 2024/1143, Regulation (EU) 2023/2411References
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