3geographical indications.docx
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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