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Cover European Intellectual Property Law

18. Indications of Geographical Origin  

Justine Pila and Paul L.C. Torremans

This chapter examines indications of geographical origin, which establishes a link between a certain geographical location and the goods originating from that location. That link allows the consumer to distinguish between identical or similar goods based on their geographical origin. The strength of the link varies between the different schemes and involves both human and natural elements. It is also important to realize that whilst similar to (collective) trade marks, indications of geographical origin are radically different as they are open standards. The chapter first looks at the position given to indications of geographical origin in the global and European IP systems. How did a historical practice develop into an exclusive right? And how is that exclusive right shaped and protected? It then focuses on the European system for the protection of indications of geographical origin.

Chapter

Cover European Intellectual Property Law

10. Introduction to the European Law of Copyright and Related Rights  

Justine Pila and Paul L.C. Torremans

This chapter introduces the European law of copyright and related rights with an overview of its basic principles. It then considers the European (EU) statutory framework governing copyright and related rights and the policy agenda of the European Commission on which it is based, including the Commission’s digital single market initiatives. The chapter then concludes with a wider discussion of the EU’s response to the challenges posed by globalization and digital technology. The picture to emerge is one of ever-growing legislative fragmentation off-set by ever-growing substantive harmonisation as a result of thirty years of active EU law- and policy-making, including a large number of policy communications and harmonizing directives, the ratification of several international agreements, and almost daily decisions from the Court of Justice.