Controversial Geographical Indications : The Scope of the EU Sui Generis Protection Scheme for Geographical Indications from a Trademark Perspective

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http://urn.fi/URN:NBN:fi:hulib-201710025435
Title: Controversial Geographical Indications : The Scope of the EU Sui Generis Protection Scheme for Geographical Indications from a Trademark Perspective
Author: Jauhiainen, Noora
Other contributor: Helsingin yliopisto, Oikeustieteellinen tiedekunta
University of Helsinki, Faculty of Law
Helsingfors universitet, Juridiska fakulteten
Publisher: Helsingin yliopisto
Date: 2017
Language: eng
URI: http://urn.fi/URN:NBN:fi:hulib-201710025435
http://hdl.handle.net/10138/225069
Thesis level: master's thesis
Discipline: Kauppaoikeus
Commercial law
Handelsrätt
Abstract: Geographical indications (”GIs”) are a form of intellectual property rights that are used to distinguish the geographical origin of a product, which has qualities or characteristics that are essentially attributable for that geographical origin. The protection of GIs is heavily based on the concept of terroir, This concept of a French origin has historically been seen to indicate that distinctive qualities of food products are imparted from an area or terrain. Instead of being private rights, GIs are considered as collective rights, which cannot be traded or sold GIs are a very debated topic both at the European Union (“EU”) level as well as in an international context. Thereby the aim of this Thesis is trying to assess the functions of GIs and the aims and scope of the sui generis GI protection system in the EU. This Thesis shall also try to assess the prominent collision situations between a GI and a trademark as many trademarks contain or consist of designations that coincide with a geographical name of a place. Should these kinds of trademarks be at risk to always losing the battle when colliding with GIs? One of the aims of this Thesis is trying to shed light on how should conflicts between colliding GIs and trademarks be resolved. The question regarding the effect these conflict-solving methods to the legitimate expectations regarding the right to property conveyed by a trademark shall also be analysed. As the collisions of GIs and trademarks are by virtue setting private exclusive rights against collective rights, aspects such as the preservation of cultural heritage shall be included.


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