3geographical indications.docx

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 3Geographical indications A product’s quality, reputation or other characteristics can be determined by where it comes from. Geographical indications are place names (in some countries also words associated with a place) used to identify prod ucts that come from these places and have these characteristics (for example, “Champagne”, “Tequila” or “Roquefort”). Protection required under the TRIPS Agreement is defined in two articles. All products are covered by Article 22, which defines a standard level of protection . This says geographical indications have to be protected in order to avoid misleading the public and to prevent unfair competition. Article 23 provides a higher or enhanced level of protection for geographical indications for wines and spirits: subject

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 3Geographical indications

A product’s quality, reputation or othercharacteristics can be determined bywhere it comes from. Geographicalindications are place names (in somecountries also words associated with aplace) used to identify products thatcome from these places and have thesecharacteristics (for example,“Champagne”, “Tequila” or“Roquefort”). Protection required underthe TRIPS Agreement is defined in two

articles.

All products are covered by Article 22, whichdefines a standard level of protection.This says geographical indications have

to be protected in order to avoidmisleading the public and to preventunfair competition.

Article 23 provides a higher or enhancedlevel of protection for geographical

indications for wines and spirits: subject

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Agreement and current TRIPS work inthe WTO takes account of that diversity.

Two issues are debated under the Dohamandate, both related in different waysto the higher (Article 23) level ofprotection: creating a multilateralregister for wines and spirits;

and extending the higher (Article 23)level of protection beyond wines andspirits. Both are as contentious as anyother subject on the Doha agenda.

Although the two issues are discussed

separately, some delegations see arelation between them. In July 2008, agroup of WTO members called for a“procedural decision” to negotiate threeintellectual property issues in parallel:

these two geographical indicationsissues, and a proposal to require patentapplicants to disclose the origin ofgenetic resources or traditionalknowledge used in their inventions (see

document TN/C/W/52 of 19 July 2008). But members

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remain divided over this idea, opponentsarguing particularly that the only

mandate is to negotiate the multilateralregister.