European Communities — Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs
Southern Taiwan University of Technology
Graduate Institute of Applied English Department
European Communities — Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs
Complaints by the United States (WT/DS174) and Australia (WT/DS290)
A partial fulfillment of the course requirement of WTO dispute settlement
Adviser: Dennis Y. H. Lin
Student: Doris H. Fang
Due Date: June 23, 2009 I. Introduction Marketing of goods under geographical names has always been common. Aims to prevent somebody abuse the separate forms of legal protection for geographical indications (GIs) both nationally and internationally. However the European Community (EC) has gradually enacted its own legal law to protect geographical indications. Finally, in the EC it is no longer required that a product has individual characteristics by its geographical origin as long as consumers associate the products with a certain geographical origin. This has departed from the limit of traditional protection of GIs. Due to this departure, the US and Australia requested consultations with the EC in respect of the alleged lack of protection of trademarks and geographical indications for agricultural products and foodstuffs in the EC. On 1 June 1999, the US contended that EC Regulation 2081/92 does not provide national treatment with respect to geographical indications and does not provide sufficient protection to pre-existing trademarks that are similar to a geographical indication. The US considered this situation to be inconsistent with the EC’s obligations under the TRIPS Agreement, including but not necessarily limited to Articles 3, 16, 24, 63 and 65 of the TRIPS Agreement. On 4 April 2003, the US sent an additional request for consultations to concern the protection of trademarks and GIs for agricultural products and foodstuffs in the EC. According to the US, the EC Regulation limits the GIs that the
Graduate Institute of Applied English Department
European Communities — Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs
Complaints by the United States (WT/DS174) and Australia (WT/DS290)
A partial fulfillment of the course requirement of WTO dispute settlement
Adviser: Dennis Y. H. Lin
Student: Doris H. Fang
Due Date: June 23, 2009 I. Introduction Marketing of goods under geographical names has always been common. Aims to prevent somebody abuse the separate forms of legal protection for geographical indications (GIs) both nationally and internationally. However the European Community (EC) has gradually enacted its own legal law to protect geographical indications. Finally, in the EC it is no longer required that a product has individual characteristics by its geographical origin as long as consumers associate the products with a certain geographical origin. This has departed from the limit of traditional protection of GIs. Due to this departure, the US and Australia requested consultations with the EC in respect of the alleged lack of protection of trademarks and geographical indications for agricultural products and foodstuffs in the EC. On 1 June 1999, the US contended that EC Regulation 2081/92 does not provide national treatment with respect to geographical indications and does not provide sufficient protection to pre-existing trademarks that are similar to a geographical indication. The US considered this situation to be inconsistent with the EC’s obligations under the TRIPS Agreement, including but not necessarily limited to Articles 3, 16, 24, 63 and 65 of the TRIPS Agreement. On 4 April 2003, the US sent an additional request for consultations to concern the protection of trademarks and GIs for agricultural products and foodstuffs in the EC. According to the US, the EC Regulation limits the GIs that the