Updates: Welcomes to Daud Consultancy (PVT) LTD... Read More
Updates: Welcomes to Daud Consultancy (PVT) LTD... Read More
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement that sets out the minimum standards for the protection and enforcement of intellectual property rights in member countries of the World Trade Organization (WTO). One of the important provisions of TRIPS relates to geographical indications (GIs), which refer to the names or signs used on products that have a specific geographical origin and possess qualities or a reputation that are essentially due to that origin.
The TRIPS Agreement includes several major provisions regarding geographical indications that aim to protect the rights of the producers of these products and prevent unfair competition. Some of these provisions are:
1. Definition of Geographical Indications: The TRIPS Agreement defines a geographical indication as “an indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.” This definition makes it clear that a GI must have a direct link with the territory where it originates and must be distinguished from other similar products.
2. Protection of Geographical Indications: The TRIPS Agreement provides for the protection of GIs in two ways. First, it requires member countries to provide legal means for interested parties to prevent the use of any misleading indications that suggest that a product originates in a different geographical location. Second, it obliges member countries to provide effective protection against the unfair use of a GI and any acts of imitation or usurpation of the GI.
3. Registration of Geographical Indications: The TRIPS Agreement encourages member countries to establish a system for the registration of GIs. Such registration systems help to provide effective legal protection to the producers of GIs and restrict the use of the GI to the producers located in the relevant geographical area. In addition, the registration system may help to promote traditional products from the region and increase their economic value.
4. Coexistence of Trademarks and Geographical Indications: The TRIPS Agreement recognizes the coexistence of trademarks and GIs. It allows for the registration of a trademark that includes a geographical name, provided that the trademark does not mislead consumers about the true origin of the product. However, if a registered GI conflicts with a prior-registered trademark, the GI shall have priority.
In conclusion, the TRIPS Agreement includes several major provisions regarding geographical indications that aim to protect the rights of the producers of these products and promote fair competition. The effective implementation of these provisions can help to promote traditional products, preserve cultural heritage and enhance the economic value of the related regions.