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Lecture

Week 9 - Geographical Indicators

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Department
Law
Course
JSB171
Professor
All Professors
Semester
Spring

Description
GEOGRAPHICAL INDICATORS (Week 9) TRIPS Article 22 “Geographical indications are, for the purposes of thei Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”. Art 22 requires: • Member states to provide a mechanism to prevent use of geographical indications in a misleading way Art 23 requires: • A higher level of protection for wines and spirits with no requirement of deception “even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like. Australian Compliance: • Trade Practices Act 1974 (Cth) • Trade Marks Act 1995 (Cth) • Australian Wine and Brandy Corporation Act 1980 (Cth) • Passing Off at Common Law How? • Trade Marks Act 1995 (Cth) Section 61 provides a mechanism for opposition to signs consis
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