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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 30 September 2022

p. 118343. Geographical indications of originlocked

p. 118343. Geographical indications of originlocked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University

Abstract

This chapter examines three regimes that form part of the legal framework that governs the way agricultural products are described and labelled. It first considers the scheme developed by the European Union to regulate protected designations of origin (PDOs) and protected geographical indications (PGIs). It then discusses the traditional specialities guaranteed scheme that aims to protect the names of traditional foods and recipes, as well as the optional quality terms scheme that was introduced in 2013. It covers important international treaties that have an impact upon the legal regulation of geographical indications, including the 1994 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The chapter concludes by looking at situations in which a registered name will be infringed (or misused), together with the scope of protection against infringement.

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