By Michael Blakeney
'Michael Blakeney's booklet is a superb advisor to the dizzying complexity of defending geography-based manufacturers within the european. name them appellations, designations of foundation, or GIs, any practitioner during this quarter of legislations will wish Blakeney's booklet in his or her library.'
- Justin Hughes, Loyola legislations college, US
'The safety of Geographical symptoms offers a much-needed and accomplished research of GIs and appears, specifically, at their felony therapy within the foreign context, less than ecu legislation, and within the uk. during this context, the writer bargains a close dialogue of the heritage of GI security besides a finished breakdown of the present matters and attainable destiny advancements, together with with admire to the enforcement of GI security. This distinctive research makes this e-book an entire and well-rounded source for the examine of GIs in a modern and comparative context, and provides very important insights into this advanced subject either for experts and beginners. The ebook additionally masterfully blends theoretical research and functional concerns at the subject. the writer should be recommended for conceiving this well-designed and thorough publication on an issue whose value is destined to keep growing in destiny years.'
- Irene Calboli, Marquette college legislations college and nationwide college of Singapore
Key positive factors of this entire ebook include:
- First quantity to check the 2012 ecu rules on caliber schemes for agricultural items and foodstuffs
- Scrutinizes the proposed amendments to the neighborhood alternate Marks legislation on certification marks
- Uniquely considers the 2013 Customs Regulation.
- deals the freshest Practitioner booklet that considers the 2012 adjustments to geographical symptoms law.
The security of Geographical Indications examines from a practitioner's viewpoint the ecu legislation in regards to the defense of geographical symptoms and geographical exchange marks. The publication expertly annotates the 2012 eu rules on caliber schemes for agricultural items and foodstuffs, the proposed amendments to the group exchange Marks law on certification marks and the hot Customs law which offers with the counterfeiting of geographical indications.
Offering a transparent and concise research of the updates to ecu legislation which are inquisitive about geographical symptoms, this designated dialogue can be a big source for IP practitioners in any respect degrees. scholars and lecturers occupied with IP legislation in addition to agricultural legislation and coverage, and legislations and improvement, also will locate a lot of worth during this authoritative volume.
Contents: 1. advent 2. foreign Geographical symptoms Regimes three. defense of Geographical symptoms and Designations of starting place for Agricultural items and Foodstuffs in Europe four. security of Geographical symptoms and Designations of beginning and standard phrases for Wines in Europe five. safety of Geographical symptoms and Designations of beginning for Spirits in Europe 6. exchange Marks, Collective Marks, Certification Marks, Passing Off and domains 7. Enforcement of Geographical symptoms in Europe Bibliography Index
Read Online or Download The Protection of Geographical Indications: Law and Practice PDF
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Extra info for The Protection of Geographical Indications: Law and Practice
A protectable commercial reputation was typically established on the basis of the evidence of others in the trade and of consumers. This tended to take up a considerable amount of court time and as a consequence the registered trade marks system was developed under which possession of a valid trade mark registration certificate replaced the necessity to prove a commercial reputation. Under the registered trade marks system individual traders could enforce the exclusive right to their marks as a private proprietary right.
05 Article 9(1) of the Paris Convention provides for the seizure upon importation of all goods unlawfully bearing a legally protected ‘trademark or trade name’. Article 9(3) provides that ‘seizure shall take place at the request of the public prosecutor, or any other competent authority, or any interested party, whether a natural person or a legal entity, in conformity with the domestic legislation of each country’. 06 Article 10(1) provides for the application of the provisions of Art 9 ‘in cases of direct or indirect use of a false indication of the source of the goods or the identity of the producer, manufacturer or merchant’.
Article 5 makes no specific reference to a time period for protection; its only reference to time periods relates to the process of declaring that certain appellations cannot be protected. However, since Art 7(1) refers to an absence of renewals, the assumption is that an appellation is protected for as long as it remains an appellation in the relevant country of origin. 30 Article 6 provides that an appellation which has been granted protection in one of the countries of the Lisbon Union pursuant to the procedure under Art 5 16 Columns Design XML Ltd / Job: Blakeney_The_Protection_of_Geo_Indications / Division: Chap02 /Pg.