Trade Related Aspects of Intellectual Property Rights, 2020
DOI: 10.1093/law/9780198707219.003.0007
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This chapter describes how the adoption of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement represented an important step for the international recognition of geographical indications. Geographical indications have three basic functions. They provide information about the name of a product; the geographical origin of the product; and a given quality, reputation, or characteristics attributable to a geographical area. Although such indications were covered under some prior international conventions—such as the Paris Convention, the Madrid Agreement, and the Lisbon Agreement—the scope and membership of such conventions offered a protection considerably more limited than the one granted by the TRIPS Agreement. However, significant controversies still dominate the discussion of this issue at the World Trade Organization (WTO). In particular, disagreement exists about the modes of implementing the registration of geographical indications under Article 23.4 of the Agreement. Moreover, a number of developed and developing countries have proposed to expand to other products the special protection only available today for wines and spirits.