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The Lisbon Agreement's Misunderstood Potential

18 Pages Posted: 8 Jul 2010  

Daniel J. Gervais

Vanderbilt University - Law School

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Abstract

This article focuses on the similarities and differences between the proposed TRIPS register of geographical indications for wines (and now spirits) and its relationship with the 1958 Lisbon Agreement on the Protection and Registration of Appellations or Origin. I examine the definitional differences between the two instruments top determine their commensurability. My suggestion is that the Lisbon register should be considered as a possible basis to establish the TRIPS register, with or without an extension to products other than wines and spirits. The differences between the two and deficiencies could be handled appropriately by adopting a protocol to the Lisbon Agreement.

Keywords: Lisbon Agreement, geographical indications, Trips Agreement, appellations of origin

Suggested Citation

Gervais, Daniel J., The Lisbon Agreement's Misunderstood Potential. The WIPO Journal, Vol. 1, p. 87, 2009; Vanderbilt Public Law Research Paper No. 10-21; Chicago-Kent Intellectual Property, Science & Technology Research Paper, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1606926

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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