Description
Book SynopsisIn an increasingly globalised world, place and provenance matter like never before. The law relating to Geographical Indications (GIs) regulates designations which signal this provenance. While Champagne, Prosciutto di Parma, Café de Colombia and Darjeeling are familiar designations, the relevant legal regimes have existed at the margins for over a century. In recent years, a critical mass of scholarship has emerged and this book celebrates its coming of age. Its objective is to facilitate an interdisciplinary conversation, by providing sure-footed guidance across contested terrain as well as enabling future avenues of enquiry to emerge.
The distinctive feature of this volume is that it reflects a multi-disciplinary conversation between legal scholars, policy makers, legal practitioners, historians, geographers, sociologists, economists and anthropologists. Experienced contributors from across these domains have thematically explored: (1) the history and conceptual underpinnings of the GI as a legal category; (2) the effectiveness of international protection regimes; (3) the practical operation of domestic protection systems; and (4) long-unresolved as well as emerging critical issues. Specific topics include a detailed interrogation of the history and functions of terroir; the present state as well as future potential of international GI protection, including the Lisbon Agreement, 2015; conflicts between trade marks and GIs; the potential for GIs to contribute to rural or territorial development as well as sustain traditional or Indigenous knowledge; and the vexed question of generic use.
This book is therefore intended for all those with an interest in GIs across a range of disciplinary backgrounds. Students, scholars, policy makers and practitioners will find this Handbook to be an invaluable resource.
Contributors include: E. Barham, D. Barjolle, L. Bérard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M. Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martín, P. Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A. Taubman, L. Wiseman, H. Zheng
Trade Review‘This handbook is intended for all those readers with an interest in GIs across a range of disciplinary backgrounds. Students, academics, policy makers and practitioners we think will find the work to be an invaluable resource and we are all, as usual, most grateful to Edward Elgar Publishing for the high standard and services they continue to offer us. Thank you very much, Elgar, for these specialist library titles and to Dev Gangjee and his team for this contribution to the IP library.’ -- The Barrister Magazine
Table of ContentsContents: 1. Introduction: Timeless Signs or Signs of the Times? Dev S. Gangjee PART I HISTORY AND CONCEPTS 2. French Collective Wine Branding in the Nineteenth-Twentieth Centuries Alessandro Stanziani 3. ‘Translating Terroir’ Revisited: The Global Challenge of French AOC Labeling Elizabeth Barham 4. Terroir and the Sense of Place Laurence Bérard PART II INTERNATIONAL PROTECTION 5. Geographical Indications under WIPO-Administered Treaties Matthijs Geuze 6. Geographical Indications under TRIPS Daniel Gervais 7. Rethinking GI Extension Michael Handler 8. International Protection of Geographical Indications: The WTO Multilateral Register Negotiations José Manuel Cortés Martín 9. Thinking Locally, Acting Globally: How Trade Negotiations over Geographical Indications Improvise ‘Fair Trade’ Rules Antony Taubman PART III DOMESTIC PROTECTION MODELS 10. A History of Australia’s Wine Geographical Indications Legislation Stephen Stern 11. A Comparative Analysis of GIs for Handicrafts: The Link to Origin in Culture as Well as Nature? Delphine Marie-Vivien 12. Geographical Indications Protection in China Haiyan Zheng PART IV CRITICAL ISSUES 13. Learning to Love my PET – The Long Road to Resolving Conflicts between Trade Marks and Geographical Indications Burkhart Goebel and Manuela Groeschl 14. The Budweiser Cases: Geographical Indications v. Trade Marks Christopher Heath 15. Geographical Indications and Protected Designations of Origin: Intellectual Property Tools for Rural Development Objectives Dominique Barjolle 16. Social Gains from the GI for Feni: Will Market Size or Concentration Dominate Outcomes? Dwijen Rangnekar and Pranab Mukhopadhyay 17. From Terroir to Pangkarra: Geographical indications of Origin and Indigenous Knowledge Brad Sherman and Leanne Wiseman 18. Genericide: The Death of a Geographical Indication? Dev S. Gangjee Index
