Zappalaglio, A. orcid.org/0000-0003-1983-9079 (2022) Getting Article 22(1) TRIPS right : a commentary on the definition of ‘Geographical Indication’ from a European Union perspective with a focus on wines. The Journal of World Investment & Trade, 23 (2). pp. 180-217. ISSN 1660-7112
Abstract
The article conducts an in-depth analysis of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights that provides the definition of ‘Geographical Indication (GI)’, focusing specifically on the field of wine. Particularly, the research analyses: (1) the concept of ‘indication’; (2) the words ‘quality, reputation or other characteristic’ and (3) the adverb ‘essentially’. Building upon the text of the Agreement; its drafting history and adopting the EU GI regime as a case study, the research concludes that: first, the concept of ‘indication’, in spite of its literal meaning and historical origin, can be subject to a very broad interpretation; second, wine remains a product characterised by a qualitative link with its area of production, although the importance of the ‘reputational link’ is growing; and, lastly, that the adverb ‘essentially’ introduces a margin of flexibility, thus allowing products that are not ‘exclusively’ related to a specific area to qualify for GI protection nonetheless.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2022 Brill Academic Publishers. This is an author-produced version of a paper subsequently published in The Journal of World Investment & Trade. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | EU Geographical Indications Law; Geographical Indications; TRIPS Agreement; Wine; Wine Geographical Indications |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 03 May 2022 12:19 |
Last Modified: | 04 May 2022 07:13 |
Status: | Published |
Publisher: | Brill |
Refereed: | Yes |
Identification Number: | 10.1163/22119000-12340246 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:186300 |