No. 53: A Comparative Analysis of the Transatlantic Controversy over Geographical Indications

Abstract

Geographical indications (GIs) are indications that identify regional provenance of products with special quality, characteristics or reputation which is essentially attributable to the origin, such as Champagne and Roquefort. In the WTO arena, countries from the Old World and the New World remain deeply divided on issues of creating a multilateral register for GIs for wines and spirits and extending a higher level of GI protection beyond wines and spirits, leading to a deadlock of multilateral negotiations on GI protection. The debates in the Doha Round and the positions of the US and EU, as representatives from the two camps, on GI protection, reflect a divergent understanding of GIs regarding the ideology, underlying rationales, and specific rules between the Old World and the New World, and are closely associated
In the WTO arena, with their trade interests.

After discussing different models of GI protection adopted by the US and the EU, this article explains why controversies over GIs between the two parties emerged and then considers the potential of harmonization. Although there are considerable differences between the US and the EU concerning GIs, it is argued that the divergency is
reconcilable and the division is narrowing.

Details

Author(s):
  • Xiaoyan Wang
Publish Date:
March 24, 2020
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Xiaoyan Wang, A Comparative Analysis of the Transatlantic Controversy over Geographical Indications, TTLF Working Papers No. 53, Stanford-Vienna Transatlantic Technology Law Forum (2020).
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