Global struggle over geographical indications. (c2018)

Abstract

Geographical indications and trademarks have always been at the heart of debates, knowing that the numerous countries implicated espouse diverse laws concerning that matter. The protection of these assets is a fundamental factor in safeguarding not only a country’s economy, but also the indigenous knowhow and methodology, among others. Falsification and imitation have driven many to endeavor and demand the protection of their respective geographical indications. This thesis will explore all the information and benefits correlated to geographical indications, present all neighboring notions, thoroughly analyze the various legislations, accords and agreements, as well as the misguidances and controversies between some of them. Then, it will tackle the focal debate of them all, between, on one hand, the Old World especially the Europe Union, who strives to preserve its GIs, and on the other hand, the New World, the USA, who claims these limitations are not justified. Each presents its own arguments that will be mentioned below, and a potential solution will be proposed.