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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Geographical Indications for Food Products 2nd ed

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ISBN13: 9789041167392
Previous Edition ISBN: 9041125485
To be Published: October 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: POA

Geographical Indications for Food Products presents a detailed update of the international, regional, and national law of geographical indications (GIs) for food products. Since the first edition of this indispensable volume nearly a decade ago, great changes have taken place in both national and international legal and regulatory frameworks for GIs system for food products. Rather than use of limitation (designed to prevent the use of ‘culture’ for protectionist purposes), there is a preponderance to now favour recognition of GIs, with enforcement directed at protection. While the World Trade Organization (WTO) and its Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) remain the multilateral legal benchmarks for GIs, the field has been assertively entered by the World Intellectual Property Organization (WIPO) with the 2015 Geneva Act (which adds GIs to the EU Lisbon Agreement). This book, still notable for its thorough exploration of the meaning of the TRIPS commitments, in its second edition, brings a new perspective that takes the changed conditions fully into account.

What’s in this book:

With no sacrifice of depth, the author covers a wide range of issues such as the following:

  • estimates of the value added by origin and tradition;
  • GIs as a tool for national and local development;
  • growing importance of the concepts heirloom, heritage, and local;
  • minimum standards of protection under TRIPS;
  • administration and policing of product characteristics;
  • procedures followed by the European Union, Japan and others;
  • applicable laws concerning labelling and unfair business practices;
  • traditional communal nature of GIs versus private property characterization;
  • significance of the WTO’s Agreement on Technical Barriers to Trade;
  • administrative and procedural rules at WTO, regional, and national levels;
  • the role of the Codex Alimentarius; and
  • the role of the TRIPS Council.
Features of recent GI laws in Japan and other countries are described to illustrate how governments are creating sui generis systems of varying complexities. The reviews of the provisions for GIs in the bilateral Canada-EU CETA and the proposed mega-regional EU-US TTIP and Trans-Pacific Partnership (TPP) are also discussed.

How this will help you:

Given that experience and research have revealed the great financial and cultural value of GIs, this thoroughly updated detailed analysis and interpretation of current trends in food product regulation worldwide is of crucial importance to an adequate understanding of the trade rules that apply to the recognition, protection, and enforcement of GIs and competing names. It is sure to be of great value to anyone concerned with this specialized field, including practitioners, food producers and traders, jurists, officials, policymakers and academics.

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Food Law
Chapter 1 Introduction
Chapter 2 Food Labelling for Origin and Tradition
Chapter 3 Indications of Origin Prior to the TRIPS Agreement
Chapter 4 The 2015 Geneva Act of the Lisbon Agreement
Chapter 5 Geographical Indications for Food Products under the TRIPS Agreement and the WTO Geographical Indications Dispute
Chapter 6 The Geographical Indications Dispute at the World Trade Organization
Chapter 7 Geographical Indications under National Law
Chapter 8 Making a Geographical Indications System Work: Administration, Protections and Enforcement
Chapter 9 Geographical Indications in Bilateral, Regional and Proposed Mega-Regional Trade Agreements
Chapter 10 Two Institutions to Note: The Council for Trade Related Intellectual Property and the Codex Alimentarius Commission
Chapter 11 Conclusion