GI protection: are components of a compound GI name covered?
Willemien Viljoen - 16 Aug 2017 DiscussionsWillemien Viljoen, tralac Researcher, discusses the need for clarification on mutually agreed provisions concerning the use of geographical indications in trade agreements
The protection offered by geographical indications (GIs) for products of a specific quality and reputation originating in a certain region are a main feature of modern trade agreements. Most notably, GI protection forms an integral part of bilateral and regional trade negotiations with the European Union (EU). However, the Unites States (US) has become increasingly critical of the extent to which GIs are protected in recently concluded EU trade agreements, including the SADC-EU Economic Partnership Agreement, and GI coverage proposed in ongoing trade negotiations between the EU and China, Japan, Mexico and MERCOSUR countries.
The use of GIs benefits the producers of these protected products; GIs are commercially valuable, they give recognition to mainly wine, spirits and agricultural products due to their distinctiveness, differentiating them from similar products in the market place. GIs offer intellectual property right protection against infringements, unfair competition
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