Enhanced Protections for Geographical Indications Under TRIPs: Potential Conflicts Under the U.S. Constitutional and Statutory Regimes

25 Pages Posted: 1 Oct 2008 Last revised: 8 Mar 2014

See all articles by David L. Snyder

David L. Snyder

Fordham University School of Law

Date Written: September 29, 2008

Abstract

The debate surrounding the proper scope of intellectual property protections for geographical indications in the international marketplace has scarcely abated. The current agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPs") generally precludes the misleading use of certain geographical indications, such as "ROQUEFORT." However, the European Union and others have argued for enhanced protections for geographical indications under TRIPs. The Europeans would "propertize" terms such as "Parmesan," which have arguably become generic in the United States. This Note contends that, pragmatic, political and economic considerations aside, the European proposal is at odds with two touchstones of the U.S. legal system-the First Amendment and the trademark regime under the Lanham Act. Accordingly, the European proposal should not, and cannot, be implemented in the United States in its current form.

Keywords: TRIPs, geographical indications, Lanham Act, First Amendment, trademark, intellectual property

Suggested Citation

Snyder, David L., Enhanced Protections for Geographical Indications Under TRIPs: Potential Conflicts Under the U.S. Constitutional and Statutory Regimes (September 29, 2008). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 18, No. 5, Summer 2008. Available at SSRN: https://ssrn.com/abstract=1275543

David L. Snyder (Contact Author)

Fordham University School of Law ( email )

United States

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