Download EU Law on Indications of Geographical Origin: Theory and by Vadim Mantrov PDF

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By Vadim Mantrov

The current publication examines either theoretical and useful features of the legislations on symptoms of geographical foundation (IGOs) in the framework of ecu Union (EU) legislations, pursuing 4 targeted but together similar goals. First, it discusses theoretical problems with the legislations on IGOs together with its ancient foundations, terminology, ideas of rules, felony subjectivity, safety versions and lack of safeguard. moment, it covers the european legislation on IGOs from a scientific viewpoint. fairly, the systematic evaluation of the european legislations on IGOs comprises an in-depth research of and observation at the appropriate and acceptable rules. 3rd, it examines present legislative tasks and additional improvement innovations for the european legislations on IGOs. ultimately, it finds the interrelation of the ecu legislations on one hand and the nationwide legislation of ecu Member States at the different with reference to IGOs, concentrating on harmonized and non-harmonized components of law.

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120. 42 Rozenfelds (2008), p. 15. 43 Report of the Panel, European Communities – Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs – Complaint by the United States, WT/DS174/R, 15 March 2005; Report of the Panel, European Communities – Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs – Complaint by Australia, WT/DS290/R, 15 March 2005. 46 The especial topicality acquired by IGOs in the last three decades was in uenced by a number of factors including the Uruguay Negotiation Round in 1986–1994 and the World Trade Organisation (WTO) established within the Uruguay Negotiation Round47 which brought the IP into the central place of international economic relations48; the strengthening of the EU from the point of view of political, economic, and institutional aspects which explains why in the last decades the EU was the main actor for the development of law on IGOs both by concluding bilateral agreements with third states and by adopting new legal acts for regulation of IGOs.

9 1 For the terminology in the law of IGOs, substantiation of the use of the term ‘an indication of geographical origin’ used in this book, and unresolved terminology issues, see Sect. 3 below. 2 Jehoram (1980). 3 O’Connor (2004); also another his book was published 1 year earlier (O’Connor 2003). 4 Echols (2008). 5 Gangjee (2012). 6 Tilmann (1976). 7 Jung (1988). 8 Schro¨ter (2011). For its review, see Backhaus (2011) [Book review]. 9 Lange (2012). There is also another book on distinctive signs in German from the international perspective edited by prof.

O’Connor (2005), p. 253. 25 Survey of Latvian consumers (2006). lv/newsletters/2006/11/? category¼tns11&id¼MR_izvelies_Latvijas_preci. 2 Necessity for the Protection of Indications of Geographical Origin 11 Therefore, necessity for protection of IGOs is grounded on safeguarding interests of both producers and consumers. 26 At the same time, particular IGOs may not only refer to the geographical origin of goods and services but also designate goods and services whose characteristics include quality and/or reputation and which emanate from the geographical place referred to in a particular IGO.

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