Study on Protecting Intellectual Property for Geographic Indications of Wine under TRIPs Agreement
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Since the enactment of Paris Convention in 1883, some nations have tried to reconcile their individual interests in geographic indications with the benefits of global harmonization. The first important multilateral agreement to expressly provide international protection to geographic indications of wine is the TRIPs Agreement. Continuing controversies between the United States as the representative of new nations and the E.U. as the representative of old nations present that the international community has not yet reached a satisfactory solution. Conflicting interest between two forces has caused the failure to employ provisions in the TRIPs Agreement. Even though the United States is a party to this agreement, some commentators argue that it has failed to establish domestic legislation in conformity with the mandates of the TRIPs Agreement concerning wine. This has benefited many domestic vintners at the expense of their foreign counterparts, but the same failure may eventually result in the exploitation of U.S. vintners as well. To identify the problem concerning geographic indications of wine this paper will examine following issues. Part II review the development of geographic indications in international arena prior to the TRIPs Agreement. Part III addresses protection of geographic indications in the TRIPs Agreement. Part IV reviews extension of protecting geographical indications for wine and spirits. Part V discusses that the United States' position on the TRIPs Agreement regarding protection of geographic indications, and then clarifies its problems by presenting the Chinese case. Lastly, part VI, as a conclusion, proposes possible resolution for better protection of geographic indications. Ultimately, when dispute settlement system within the TRIPs Agreement is fulfilled in the near future by creating international laws, disputes of old and new nations could be resolved and protection of intellectual property rights for geographical indications would be stretched internationally.
Abstract
Since the enactment of Paris Convention in 1883, some nations have tried to reconcile their individual interests in geographic indications with the benefits of global harmonization. The first important multilateral agreement to expressly provide international protection to geographic indications of wine is the TRIPs Agreement. Continuing controversies between the United States as the representative of new nations and the E.U. as the representative of old nations present that the international community has not yet reached a satisfactory solution. Conflicting interest between two forces has caused the failure to employ provisions in the TRIPs Agreement. Even though the United States is a party to this agreement, some commentators argue that it has failed to establish domestic legislation in conformity with the mandates of the TRIPs Agreement concerning wine. This has benefited many domestic vintners at the expense of their foreign counterparts, but the same failure may eventually result in the exploitation of U.S. vintners as well. To identify the problem concerning geographic indications of wine this paper will examine following issues. Part II review the development of geographic indications in international arena prior to the TRIPs Agreement. Part III addresses protection of geographic indications in the TRIPs Agreement. Part IV reviews extension of protecting geographical indications for wine and spirits. Part V discusses that the United States' position on the TRIPs Agreement regarding protection of geographic indications, and then clarifies its problems by presenting the Chinese case. Lastly, part VI, as a conclusion, proposes possible resolution for better protection of geographic indications. Ultimately, when dispute settlement system within the TRIPs Agreement is fulfilled in the near future by creating international laws, disputes of old and new nations could be resolved and protection of intellectual property rights for geographical indications would be stretched internationally.
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- "Module IV, Geographical Indications"[URL]