Trade Law Assignment Two
Question One
A Debate Regarding Trade-related Intellectual Property rights
The World Trade Organization
Here are some citations to guide you with this assignment:
https://www.wto.org/english/tratop_e/trips_e/gi_background_e.htm
Compulsory licensing:
https://www.wto.org/english/news_e/news17_e/trip_23jan17_e.htm
WTO Head DG Azevêdo, plus many videos on this topic:
https://www.wto.org/english/tratop_e/trips_e/amendment_videos_e.htm
Trips Article 27.2 and Genetically Modified Seeds:https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1142&context=jelr
Question One
Compare and contrast the different viewpoints on intellectual property under the TRIPS agreement. Specifically, how has differing levels of economic development and different perspectives about how intellectual property is used caused tension between different countries over intellectual property rights.
Questions Two
Here are some citations to guide you with this assignment:
Geographical Indicators:
https://www.wipo.int/geo_indications/en/
Question Two
First, what are geographical indicators as defined under the TRIPS rules? What are the benefits and disadvantages of this type of intellectual property?
Second, do some research and give me 3 examples of products which benefit from geographical indicators. What characteristics of the products are mirrored in their geographical names? Of the 3 products you choose how do the protected names enhance the marketability of the products?
Example
Please include relevant citations in your answer.
A sample answer for this part is:
Champagne is a sparkling wine produced in the Champagne region of France. Commonly, champagne is a generic term for sparkling wine. For example, beside Champagne, Prosecco is another sparkling wine coming from Northern Italy and is recognized and protected as a geographical indicator by the EU.
An example of the value of this geographical indicator is shown in the Australia/EU free trade negotiations. The EU asked Australia to recognize Prosecco for geographic indication from Northern Italy. Such an agreement would prohibit the naming of Australia’s locally produced wine commonly called Prosecco. This would impact the Australian wine industry. As such the two sides have failed to reach an agreement base on the dispute on this issue.
Where the champagne geographical indicator is recognized – such as in the EU and other countries – it is illegal to label any product Champagne unless it comes from the Champagne region of France. One benefit of this GI is these products receive quality standards. All products labeled as Champagne must meet standards such as the different types of grapes grown, how they are produced and the required labeling. These standards benefit the Champagne name and marketability.
Reference: In Vino Veritas? The Dubious Legality of the EU’s Claims to Exclusive Use of the Term ‘Prosecco’ (2019) 29 Australian Intellectual Property Journal 110-126
