Analysis of art 22(1) TRIPS 'Geographical Indications'

What is it about?

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.

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Photo by Dale Gauntt on Unsplash

Photo by Dale Gauntt on Unsplash

Why is it important?

This article is important as it clarifies the meaning and scope of the definition of 'Geographical Indication' provided under art 22(1) TRIPS

Perspectives