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Research Handbook on Intellectual Property and Geographical Indications
Provenance matters like never before. Legal regimes regulating the use of Geographical Indications (GIs) protect commercially valuable signs on products – such as Darjeeling and Champagne – which signal the link to their regions of origin. Such regimes have been controversial for over a century. A rich, interdisciplinary work of scholarship, this Research Handbook explores the reasons for and consequences of GIs existing as a distinct category within intellectual property (IP) law. Historians, geographers, sociologists, economists and anthropologists join IP specialists to explore the distinguishing feature of GIs, that certain products are distinctively linked or anchored to specific places.
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Critical Acclaim
Contributors
Contents
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In an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.
The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use.
This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use.
This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
Critical Acclaim
‘This handbook is intended for all those readers with an interest in GIs across a range of disciplinary backgrounds. Students, academics, policy makers and practitioners we think will find the work to be an invaluable resource and we are all, as usual, most grateful to Edward Elgar Publishing for the high standard and services they continue to offer us. Thank you very much, Elgar, for these specialist library titles and to Dev Gangjee and his team for this contribution to the IP library.’
– The Barrister Magazine
– The Barrister Magazine
Contributors
Contributors include: E. Barham, D. Barjolle, L. Bérard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martín, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng
Contents
Contents:
1. Introduction: Timeless Signs or Signs of the Times?
Dev S. Gangjee
PART I HISTORY AND CONCEPTS
2. French Collective Wine Branding in the Nineteenth-Twentieth Centuries
Alessandro Stanziani
3. ‘Translating Terroir’ Revisited: The Global Challenge of French AOC Labeling
Elizabeth Barham
4. Terroir and the Sense of Place
Laurence Bérard
PART II INTERNATIONAL PROTECTION
5. Geographical Indications under WIPO-Administered Treaties
Matthijs Geuze
6. Geographical Indications under TRIPS
Daniel Gervais
7. Rethinking GI Extension
Michael Handler
8. International Protection of Geographical Indications: The WTO Multilateral Register Negotiations
José Manuel Cortés Martín
9. Thinking Locally, Acting Globally: How Trade Negotiations over Geographical Indications Improvise ‘Fair Trade’ Rules
Antony Taubman
PART III DOMESTIC PROTECTION MODELS
10. A History of Australia’s Wine Geographical Indications Legislation
Stephen Stern
11. A Comparative Analysis of GIs for Handicrafts: The Link to Origin in Culture as Well as Nature?
Delphine Marie-Vivien
12. Geographical Indications Protection in China
Haiyan Zheng
PART IV CRITICAL ISSUES
13. Learning to Love my PET – The Long Road to Resolving Conflicts between Trade Marks and Geographical Indications
Burkhart Goebel and Manuela Groeschl
14. The Budweiser Cases: Geographical Indications v. Trade Marks
Christopher Heath
15. Geographical Indications and Protected Designations of Origin: Intellectual Property Tools for Rural Development Objectives
Dominique Barjolle
16. Social Gains from the GI for Feni: Will Market Size or Concentration Dominate Outcomes?
Dwijen Rangnekar and Pranab Mukhopadhyay
17. From Terroir to Pangkarra: Geographical indications of Origin and Indigenous Knowledge
Brad Sherman and Leanne Wiseman
18. Genericide: The Death of a Geographical Indication?
Dev S. Gangjee
Index
1. Introduction: Timeless Signs or Signs of the Times?
Dev S. Gangjee
PART I HISTORY AND CONCEPTS
2. French Collective Wine Branding in the Nineteenth-Twentieth Centuries
Alessandro Stanziani
3. ‘Translating Terroir’ Revisited: The Global Challenge of French AOC Labeling
Elizabeth Barham
4. Terroir and the Sense of Place
Laurence Bérard
PART II INTERNATIONAL PROTECTION
5. Geographical Indications under WIPO-Administered Treaties
Matthijs Geuze
6. Geographical Indications under TRIPS
Daniel Gervais
7. Rethinking GI Extension
Michael Handler
8. International Protection of Geographical Indications: The WTO Multilateral Register Negotiations
José Manuel Cortés Martín
9. Thinking Locally, Acting Globally: How Trade Negotiations over Geographical Indications Improvise ‘Fair Trade’ Rules
Antony Taubman
PART III DOMESTIC PROTECTION MODELS
10. A History of Australia’s Wine Geographical Indications Legislation
Stephen Stern
11. A Comparative Analysis of GIs for Handicrafts: The Link to Origin in Culture as Well as Nature?
Delphine Marie-Vivien
12. Geographical Indications Protection in China
Haiyan Zheng
PART IV CRITICAL ISSUES
13. Learning to Love my PET – The Long Road to Resolving Conflicts between Trade Marks and Geographical Indications
Burkhart Goebel and Manuela Groeschl
14. The Budweiser Cases: Geographical Indications v. Trade Marks
Christopher Heath
15. Geographical Indications and Protected Designations of Origin: Intellectual Property Tools for Rural Development Objectives
Dominique Barjolle
16. Social Gains from the GI for Feni: Will Market Size or Concentration Dominate Outcomes?
Dwijen Rangnekar and Pranab Mukhopadhyay
17. From Terroir to Pangkarra: Geographical indications of Origin and Indigenous Knowledge
Brad Sherman and Leanne Wiseman
18. Genericide: The Death of a Geographical Indication?
Dev S. Gangjee
Index
