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

Peking University School of Transnational Law Research Paper

28 Pages Posted: 10 Jan 2022 Last revised: 19 Apr 2022

See all articles by Danny Friedmann

Danny Friedmann

Peking University School of Transnational Law; Peking University School of Transnational Law

Date Written: December 7, 2021

Abstract

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

Friedmann, Danny, The Rational Construction of a Universal Register for Distinctive Wines and Spirits GIs Against Dilution (December 7, 2021). Journal of World Intellectual Property, 2021; 25: 106-121, https://onlinelibrary.wiley.com/doi/10.1111/jwip.12209, Peking University School of Transnational Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3982805 or http://dx.doi.org/10.2139/ssrn.3982805

Danny Friedmann (Contact Author)

Peking University School of Transnational Law ( email )

Peking Univ. Shenzhen Campus
University Town, Xili, Nanshan District
Shenzhen, 518055
China

HOME PAGE: http://stl.pku.edu.cn/faculty-2/danny-friedmann/

Peking University School of Transnational Law ( email )

China

HOME PAGE: http://ipdragon.org

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