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Geographical Indications in International Trade Agreements

Andrew W. ShoyerWashington, DCashoyer@sidley.com

Overview

• What are GIs?– Compare trademarks, appellations of origin

• How are GIs addressed in trade agreements?– WTO and FTAs

• What are the current issues?– TTIP and TPP– Potential WTO claims - TBT

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CHALLENGE – Managing tension between IP rights andtrade in goods with common/generic names

What are GIs?

WTO TRIPS Agreement Article 22.1 –

“Indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”

GIs = €€€

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Appellation of originDesignation of origin

Certification mark

Trademark/Certification Mark

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GIs in Trade Agreements

• WTO– TRIPS Article 22 – basic obligations– TRIPS Article 23 – wine and spirits– TRIPS Article 24 – expansion via negotiations

• FTAs– KOREU (no opposition allowed)– CenAmEU (opposition allowed)

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Current Issues

• TTIP• TPP• Potential WTO claims - TBT

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