The Rational Construction of a Universal Register for Distinctive Wines and Spirits GIs Against Dilution
Journal of World Intellectual Property, 2021; 25: 106-121, https://onlinelibrary.wiley.com/doi/10.1111/jwip.12209
28 Pages Posted: 10 Jan 2022 Last revised: 19 Apr 2022
Date Written: December 7, 2021
Article 23.4 TRIPs instructs WTO members to negotiate a multilateral system of notification and registration of GIs for wines (extended to spirits at the 1996 Singapore Ministerial Conference) to facilitate the protection of Geographical Indications (GIs). Much has been written about moral rights, law and economics and cultural protection as less rational justifications for the enhanced protection of wines and spirits GIs. This article explores the rational justifications of enhanced protection of wines and spirits GIs against dilution through the lens of universality, and distinctiveness. Subsequently, this article provides an updated analysis of four proposals for a multilateral register for wines and spirits GIs that have not led to a consensus between the Old and New World countries. Therefore, this article is proposing the construction of a multilateral register by combining the best elements of these proposals, measured along the yardstick of universality and distinctiveness and maps the contours of the bargaining space between the Old and New World countries in regard to the determination of genericism, to spark new interest in breaking the stalemate between the Old and New World countries in regard to fulfilling the mandate of Article 23.4 TRIPs.
Keywords: geographical indications, appellations of origin, PDO, PGI, indications of geographical origin TRIPs, Geneva Act Lisbon Agreement, multilateral register, certification trademarks, wines and spirits, distinctiveness, universality, dilution
JEL Classification: K00, K23, Q00, Q02, Q13, Q17
Suggested Citation: Suggested Citation