The Identity of Geographical Indications and Their Relation to Traditional Knowledge in Intellectual Property Law
(2014) 5:2 THE WIPO JOURNAL
76 Pages Posted: 14 Aug 2014
Date Written: June 1, 2014
Abstract
This article seeks to illustrate the identity of GIs in the IP framework as a category distinct from trademarks, their closest member of the IP family. Such an understanding is necessary if GIs are to be conceptualised as proprietary IP tools whose scope of protection extends to agricultural products other than wines and spirits, particularly those related to TK as anticipated by developing countries. The article further explores the scope of protection that GIs offer by assessing their extension to agricultural products other than wines and spirits. It focuses particularly on the extent to which the definitional features of GIs, as currently recognised under the TRIPS Agreement, accommodate TK-related agricultural products from mostly developing countries.
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