Despite the strides the TRIPs Agreement made to protect Geographical Indications (GIs), considerable debate persists on how to further TRIPs' goals in that area. First, while some countries ally themselves with the European Union on maintaining a multilateral register for GIs, others follow the United States' preference for a voluntary database. Controversy also surrounds whether to extend the more expansive protections on wines and spirits to other products. Finally, the European Union has launched a staunchly opposed campaign to recover the exclusive use of a number of GIs, including many that have become generic names for their associated products. This article reviews the history of the negotiations on GIs and examines the positions on all sides of these divisive issues. After laying that foundation, the author advances her own proposals, asserting that a multilateral register is most consistent with the intent of the parties to TRIPs, that greater protection for other products would be prudent only where compelling economic justifications counsel for such a result, and that the European Union's reclamation initiative amounts to a retaliatory effort devoid of a persuasive rationale.
Geographical Indications: A Discussion on the TRIPs Regulation After The Ministerial Conference of Hong Kong,
12 Marq. Intellectual Property L. Rev. 197
Available at: http://scholarship.law.marquette.edu/iplr/vol12/iss2/1