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Registros recuperados: 9
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An analysis of the dispute European Communities - Protection of trademarks and geographical indications for agricultural products and foodstuffs AgEcon
Charlier, Christophe; Ngo, Mai-Anh.
The dispute "European Communities - Protection of trademarks and geographical indications for agricultural products and foodstuffs" that opposes the European - Union to the United States and Australia, has been raised by the European regulation concerning the protection of geographical indications. This dispute has two important issues. First, the Panel demonstrated that the European regulation did not comply with national treatment promulgated by the TRIPS and the GATT 1994 Agreements. Second, the Panel affirmed the possibility of coexistence between GIs and identical prior trademarks. This article considers these two issues and depicts the position of the parties at the end of the dispute regarding GIs' protection. The first part of this article presents...
Tipo: Conference Paper or Presentation Palavras-chave: Geographical indications; Intellectual property; National treatment; TRIPS; Dispute settlement.; International Relations/Trade; Marketing; F13; Q17; Q18.
Ano: 2006 URL: http://purl.umn.edu/10032
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Law and Policy on Intellectual Property, Traditional Knowledge and Development: Legally Protecting Creativity and Collective Rights in Traditional Knowledge Based Agricultural Products through Geographical Indications AgEcon
Dagne, Teshager.
Geographical indications emerged on the international scene at the centre of three highly debated subjects: intellectual property, international trade and agricultural policy. This article discusses the use of geographical indications in the protection of traditional knowledge–based agricultural products in the international intellectual property framework, and assesses the challenges and opportunities geographical indications present with respect to efforts to cater to the needs of indigenous people and local communities. The discussion begins with a succinct overview of the definitional aspects of geographical indications, traditional knowledge and traditional knowledge–based agricultural products. In an attempt to locate the issue of geographical...
Tipo: Journal Article Palavras-chave: Agricultural products; Geographical indications; Traditional knowledge; TRIPS; WTO; Agricultural and Food Policy; Institutional and Behavioral Economics; International Relations/Trade.
Ano: 2010 URL: http://purl.umn.edu/61577
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Is It Time to Re-think the WTO? A Return to the Basics AgEcon
Kerr, William A..
The GATT was an organization that was seldom at the centre of political controversy, nor was it the object of virulent protest. The WTO, which succeeded it, however, has not enjoyed the GATT's anonymity. The controversies surrounding the WTO detract from its effectiveness and debase its credibility. In large measure, the contentious issues that the WTO has been attempting to deal with since its inception do not have at their heart trade in goods and services. The framers of the WTO took bold steps to create a new institution during the Uruguay Round--much of which has turned out to be a significant improvement on the GATT. This does not mean, however, that everything that was put in place has proved to be an improvement, or even workable. It may be time to...
Tipo: Journal Article Palavras-chave: Civil society; Trade sanctions; TRIPS; WTO; International Relations/Trade.
Ano: 2000 URL: http://purl.umn.edu/23842
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INTELLECTUAL PROPERTY RIGHTS AND THE WORLD TRADE ORGANIZATION: RETROSPECT AND PROSPECTS AgEcon
Moschini, GianCarlo.
This paper analyzes the main economic issues of intellectual property rights (IPRs) protection in the context of the World Trade Organization (WTO). A retrospective view on the establishment of the TRIPS (trade-related aspects of intellectual property rights) Agreement, a still controversial accomplishment of the Uruguay Round of trade liberalization, is provided. The paper reviews the economic rationale for the harmonization of IPRs, drawing both on economic theory considerations as well as emerging empirical evidence. The logic of linking IPR protection and trade in the context of the WTO is also re-examined. Some specific attention is devoted to the implications of TRIPS for agricultural and biotechnology innovations. The impact that IPR protection can...
Tipo: Conference Paper or Presentation Palavras-chave: Copyrights; Cross-border externalities; Intellectual property; International trade; Patents; Trademarks; TRIPS; WTO; International Relations/Trade; Research and Development/Tech Change/Emerging Technologies.
Ano: 2003 URL: http://purl.umn.edu/18369
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The Efficacy of TRIPS: Incentives, Capacity and Threats AgEcon
Kerr, William A..
There is a major split between developed and developing countries over the protection of the patents in pharmaceuticals in the TRIPS. This dispute is symptomatic of the difficulties of incorporating a non-trade issue into a trade organization. Incentives and threats are examined in the context of the TRIPS. It is concluded that developing countries have no direct incentives to protect intellectual property, that the threat of trade actions is unlikely to induce compliance and that the use of indirect incentives is discredited and will fail to achieve its objective over the long run. Successful protection of intellectual property in developing countries will require a way to provide them with a direct incentive to enforce such protection.
Tipo: Journal Article Palavras-chave: Enforcement; Incentives; Intellectual property; Knowledge economy; Threats; TRIPS; International Relations/Trade.
Ano: 2003 URL: http://purl.umn.edu/23815
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Cross-Border Intellectual Property Rights: Contract Enforcement and Absorptive Capacity AgEcon
Naghavi, Alireza; Tsai, Yingyi.
Current version uploaded April 2013.
Tipo: Working Paper Palavras-chave: Intellectual Property Rights; TRIPS; Nash Bargaining; Contract Enforcement; Development; Absorptive Capacity; Monitoring; Research and Development/Tech Change/Emerging Technologies; O34; F13; F53; D78; L10; O33; C70.
Ano: 2012 URL: http://purl.umn.edu/122864
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The Nature and Function of Geographical Indications in Law AgEcon
Ibele, Erik W..
There are two basic types of legal regime for the protection of geographical indications (GIs). Some systems, notably that of the European Union, define and treat GIs as a distinct type of intellectual property. This approach is also reflected in the provisions concerning GIs in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Other legal systems, notably those of Australia, Canada and the United States, treat GIs as a subcategory of trademarks. Like trademarks, GIs function principally as a means of providing information to consumers. EU legislation and jurisprudence, however, define GIs more expansively than do trademark-based legal systems, and see GIs as in some ways superior to trademarks. The EU is attempting...
Tipo: Journal Article Palavras-chave: Geographical indications; Intellectual property; Origin Regulation; Trademarks; TRIPS; WTO; Food Consumption/Nutrition/Food Safety; International Relations/Trade.
Ano: 2009 URL: http://purl.umn.edu/48791
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The Benefits and Costs of Proliferation of Geographical Labeling for Developing Countries AgEcon
Anders, Sven M.; Caswell, Julie A..
Food product attributes related to geographical origins are a topical issue in global food trade. The provision of geographical labeling may occur through geographical indications under the mandated trade rules of the TRIPS Agreement, through trademarks, or through country-of-origin labeling. The overall effect of the expansion of geographical labeling on developing countries depends on a complex mix of market opportunities that may yield substantial benefits as well as implementation costs. Increasingly, the analysis of this overall effect will need to evaluate the joint impacts of different forms of geographical labeling on the market position of developing countries.
Tipo: Journal Article Palavras-chave: Developing countries; Geographical labeling; International trade; TRIPS; Food Consumption/Nutrition/Food Safety; International Relations/Trade.
Ano: 2009 URL: http://purl.umn.edu/48794
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The Benefits and Costs of Proliferation of Geographical Labelling for Developing Countries AgEcon
Anders, Sven M.; Caswell, Julie A..
Food product attributes related to geographical origins are a topical issue in global food trade. The provision of geographical labelling may occur through geographical indications under the mandated trade rules of the TRIPS Agreement, trademarks, or country-of-origin labelling. The overall effect of the expansion of geographical labelling on developing countries depends on a complex mix of market opportunities that may yield substantial benefits as well as implementation costs. Increasingly, the analysis of this overall effect will need to evaluate the joint impacts of different forms of geographical labelling on the market position of developing countries.
Tipo: Working or Discussion Paper Palavras-chave: Developing countries; Geographical labelling; International trade; TRIPS; Food Consumption/Nutrition/Food Safety; International Development; International Relations/Trade; Marketing; F13; Q13; O19.
Ano: 2008 URL: http://purl.umn.edu/42130
Registros recuperados: 9
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