Outils IG

Bibliographie

Corthésy N., Country name designation and international IP protection of national competitive identities, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 357–367 (2021)

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Country names are incomparable value creators, synonymous with a State’s national competitive identity, and deserve sui generis protection. Three broad approaches to amplifying protection of country names against misuse and free riding in international commerce have emerged. First, the ‘Swissness’ model, which is a national statutory framework for the [...]

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Country names are incomparable value creators, synonymous with a State’s national competitive identity, and deserve sui generis protection. Three broad approaches to amplifying protection of country names against misuse and free riding in international commerce have emerged. First, the ‘Swissness’ model, which is a national statutory framework for the protection of the appellation ‘Swiss’. It is characterized by co-branding regulations,1 and supplementing intellectual property (IP) protection with diplomacy through bilateral and plurilateral trade agreements.
Secondly, French jurisprudence affirmed—in France Atout v France.com—that the appellation ‘France’ constitutes for the French government a reference to its economic, geographic, historic, political and cultural identity, and is understood by the public as signifying goods and services made in France. Thirdly, the multilateral approach, whereby the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) mechanism is being used to sift through divergent views of member states on protection of country names and coalesce recommendations into a norm setting instrument, has made some incremental cede way. The critical question that continues to provoke debate is whether member states should adopt an instrument modifying international IP policy to embrace increased IP protection of country names in keeping with the vicissitudes of modern global trade. The article highlights the recommendations made by the international community on this issue. A new IP classification, ‘country name designation’, is considered to encompass the extended function of country names as well as the author’s proposal for the creation of a sui generis multilateral IP framework. Exceptions and limitation to the scope of protection are also explored.

Mikheeva E., Zappalaglio A., The new Russian Law of Geographical Indications: a critical assessment, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 368–375 (2021)

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This article critically analyses the recent reform of the Russian Geographical Indications (GI) Law which came into force on 27 July 2020. This has deeply transformed the sui generis system of the country, in an effort to introduce a regime inspired by the EU experience as well as by the Geneva Act [...]

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This article critically analyses the recent reform of the Russian Geographical Indications (GI) Law which came into force on 27 July 2020. This has deeply transformed the sui generis system of the country, in an effort to introduce a regime inspired by the EU experience as well as by the Geneva Act of the Lisbon Agreement. On the basis of the best available legal and economic sources, the article investigates this legal framework from two perspectives. First, the new provisions of this law are critically assessed. Next, the article discusses whether and to what extent this reform can achieve the ambitious goals that it has set itself. It will be concluded that, first, although this is an interesting attempt to introduce an improved GI system that will probably fix some of the previous dysfunctions, this is still incomplete and distant from the international best practices. Secondly, the analysis will lead to the conclusion that the policy goals of the reform will be difficult to achieve at least in the short term. This article represents the first scholarly analysis of the new Russian sui generis GI regime, thus filling a gap in international academic literature.

San Martim Portes A., Demaria Venâncio M., Ruthes Gonçalves L., Geographic Indications in Brazil and their socio-environmental dimensions: gaps and opportunities of the Brazilian GI regulation for agricultural products, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 384–393 (2021)

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Geographic Indications (GIs) are an internationally recognised form of protection for goods based on their quality or reputation and a fairly recent instrument in Brazilian law. In this context, there is an ongoing discussion in academia regarding the relevance of GIs as a tool to promote the sustainable development of [...]

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Geographic Indications (GIs) are an internationally recognised form of protection for goods based on their quality or reputation and a fairly recent instrument in Brazilian law. In this context, there is an ongoing discussion in academia regarding the relevance of GIs as a tool to promote the sustainable development of territories. This debate considers that there is a strong connection between a good’s reputation and quality and its traditional and sustainable production practices. This research aims to understand how Brazilian GI regulation of agricultural products protects and encompasses socio-environmental sustainability dimensions, discussing the main gaps and opportunities thereof. For that, from an interdisciplinary perspective, this study provides a small-N qualitative content analysis of 30 Brazilian GIs, identifying their socio-environmental provisions, and debating whether GIs can become a mechanism for greater environmental protection in Brazil.

Musiza C., A pathway to international registration for African Geographical Indications under the Geneva Act: The case for Oku White Honey, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 394–401 (2021)

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At a Diplomatic Conference in May 2015, the Special Union of the Lisbon Agreement on Appellations of Origin amended the Lisbon Agreement which sees the subject matter and scope of protection extending beyond appellations of origin to include geographical indications. The amendment, the Geneva Act of the Lisbon Agreement on Appellations [...]

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At a Diplomatic Conference in May 2015, the Special Union of the Lisbon Agreement on Appellations of Origin amended the Lisbon Agreement which sees the subject matter and scope of protection extending beyond appellations of origin to include geographical indications. The amendment, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications opens the pathway for international registration of geographical indications, which previously never existed under the Lisbon Agreement and which failed to materialise under the TRIPS Agreement. This article examines key provisions of the Geneva Act that could make it attractive to African countries. It explores the state of GIs on the continent and the interest in GIs as an avenue for rural development as reinforced by the African Union Continental Strategy for GIs. It makes a case for the Organisation Africaine de la Propriété Intellectuelle (OAPI) to consider joining the Geneva Act and seek the international registration of Oku White Honey from Cameroon as one of the first GIs in the region.

Mwaura C., Adding value for avocados grown in Kenya through geographical indications: A legal perspective, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 402–404 (2021)

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This article explores the possibility that geographical indications (GIs) may enhance value addition for avocados grown in Kenya. It concludes that factors that are attendant to the registration of GIs in Kenya provide a basis upon which the commercial value of avocados grown in Kenya can be enhanced.

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This article explores the possibility that geographical indications (GIs) may enhance value addition for avocados grown in Kenya. It concludes that factors that are attendant to the registration of GIs in Kenya provide a basis upon which the commercial value of avocados grown in Kenya can be enhanced.