EU Geographical Indications v US Trade Marks: TKO against the International Harmonisation of the Protection of Geographical Indications?

摘要

Kobe Beef, Champagne, Florida Oranges, Washington Apples, Idaho Potatoes, Prosciutto di Parma, Parmigiano Reggiano and Feta cheese are examples of geographical indications (GIs). However, not all these GIs are protected equally or in the same manner under national intellectual property laws. These differences in the protection of GIs are a problem for the international harmonisation of the protection of GIs. In particular, the United States protects the GIs under trade mark laws, which exacerbates the extension of the current protection of GIs for several reasons. Specifically, problem areas for the protection of GIs under the US trade mark system are generic names, priority, exclusivity and an extension of a heightened protection for foodstuffs. On the other side, in the European Union GIs are protected as a separate form of intellectual property and are less bound by generic limits, priority and exclusivity.