The Evolution and Development of Protection to Geographical Indications under the WTO: An Assessment

Abstract

Geographical Indications play an analogous role to that played by trademark i.e. both types of IPRs are used for the purpose of identification of products. The expeditious growth of global trading system due to global economic interaction between buyers and sellers has brought markets closer than ever before. Given the extent of liberalization in Global trade, a concern amongst others is based on the protection of Intellectual property Rights for the good/products that find themselves in markets at the other end of the world. In the context of International Trade the World Trade Organization deals with the rules of trade between nations at a near-global level. The WTO has three basic functions: Providing set of rules for international trade, being a forum for negotiations and forum for monitoring of trade rules implementation and for resolving disputes between member countries. The WTO is a member driven organization, and takes decisions on the basis of consensus. The TRIPS of the WTO Agreement covers the main area of intellectual property: Copyright and related rights, Industrial property rights, including trademarks geographical indications, industrial designs, patents etc. The TRIPS Agreement provides for a minimum level of protection. GI represent a complex and controversial issue, both at national and international levels. They involve not only considerable commercial and economic stakes but also important socio historical and cultural dimensions. The territorial nature of Intellectual Properties poses another potential problem in International trade as the product may be adequately protected in the country of origin due to legislative mechanisms available locally but may not find the same or similar level of protection in other Jurisdiction where forms of protection could drastically vary. At multilateral level protection of Geographical Indications has posed political and economic debate amongst members. Fundamentally, the debate is not divided along traditional East-West lines, because in most cases Western countries such as the USA and an EU tend to unite while discussing contentious issues against Eastern countries in the WTO.