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Think globally, act bilaterally: the international stakes of the protection of geographical indications

Marie-Vivien D., Thévenod-Mottet E.. 2015. Parma : EAAE, 2 p.. EAAE Seminar. 145, 2015-04-14/2015-04-15, Parma (Italie).

The recent conclusion of the CETA (Comprehensive Economic and Trade Agreement) between the EU and Canada, with quite complex and innovative provisions on geographical indications (GIs), as well as the on-going negotiation of the TTIP (Transatlantic Trade and Investment Partnership) between the EU and the USA, on the basis of a high level of European requirement on the protection of GIs illustrate a major turn in the handling of that long-lasting and highly disputed topic at the international level: even the leaders of the two ireconcilable camps are now considering the option of directly addressing their problems of GIs within the same bilateral frameworks they also use with third countries. Since the Stresa Convention was concluded between some European countries in 1951 in order to regulate the use of geographical denominations for cheeses and protect some of them as appellations of origin, the countries wishing to protect their GIs claimed for the establishment of an international system of registration of GIs. As it soon appeared that the Lisbon Agreement on the protection and registration of appellations of origin, concluded in 1958 within the framework of the Paris Union, would not attract numerous countries, the same like-minded European countries concluded bilateral agreements on the matter in the 1960s and 1970s. Then, after some attempts to address the question within the framework of the WIPO, the TRIPS Agreement was the first inclusive international framework to provide a standard of protection for GIs, in 1995, in 160 countries. Hence, since the end of the 1990s, the international negotiations foreseen by the TRIPS Agreement in order to enhance the protection of GIs and establish a multilateral register are blocked. In the meantime, numerous countries established a national sui generis system of registration for GIs, which allows the registration of foreign GIs. But, even if this possibility was and is still used by some powerful GIs interprofessional b

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