This dissertation was
written as part of
the LLM in “Transnational and European
Commercial Law, Arbitration, Mediation and Energy Law” at the International Hellenic
Uni
versity with the aim to explain the international legislative framework for
geographical indications and designations of origin a
nd a potential full harmonization
on this field via a revision of TRIPS. It starts with the terminology used and how
incorporated in international legislative instruments so as to become a distinct IP right.
It follows with the nature of such indications a
s signs of authentic and quality products
with high rewards to producers and consumers as the key benefit but also the reason
of the deep conflict between traditional production countries of continental Europe
and industrial production countries of New wor
ld. The different philosophy in their
legal systems led to a deadlock in negotiations, which resulted in a political
compromise and unjustified two
-
tier system of protection of GIs in TRIPS agreement.
However, after scrutinizing the two conflicting models
used for GI protection by the EU
and USA, this work concludes that both jurisdictions seem to agree impliedly and have
already harmonized their basic principles by treating GIs as a protective “device”
encompassing IP collective rights with unfair competit
ion. Therefore an extension of
the higher protection reserved for wines and spirits only to all goods, including foods,
is a feasible solution and opportunity, given that mostly famous GI
-
denominated
products are foods. Since GIs is a powerful tool of uniq
ue competitive advantage as the
unique reflection of people and its
terroir
with multiple benefits
for localities in a
globalised free
-
trade economy, the fear of monopolization of the market by the EU
seems exaggerated before the threat of mass
-
homogenous
products without culture
identity and exclusive control of private firms
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