Download This PaperGeographical Indications and Innovation, What Is the Connection?
A. Moerland, 'Geographical Indications and Innovation, What is the Connection?' in: J. Drexl & A. Kamperman Sanders (eds.), The Innovation Society and Intellectual Property, Edward Elgar, p. 59 - 85
34 Pages Posted: 26 Jul 2018 Last revised: 29 Apr 2020
Date Written: July 5, 2018
Abstract
Geographical indications (GIs) and innovation do not seem to fit well together. The system of acquiring a geographical indication requires applicants to stipulate product specifications with which all producers that want to use the GI must comply. These criteria provide certainty that the GI-protected product displays the characteristics and quality it is supposed to have. However, they also constitute a hurdle for changing characteristics of the product, for example in the vein of innovative solutions and improvement. This limited flexibility of adapting the product specifications therefore may be argued to hamper innovation rather than fostering it.
While the above-stated problem is true, it may be short-sighted. Even in a rigid system as that of GI protection, innovation and improvements can take place. This Chapter therefore aims at analysing how the system of protecting geographical indications allows for innovation to happen, and whether it stimulates such efforts. This is mainly done from a theoretical perspective, assessing the rationales on which the GI system is based and the legal rules applicable to the governance structure.
Keywords: GIs, geographical indications, innovation
JEL Classification: K
Suggested Citation: Suggested Citation