The far-reaching impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights on international trade and the protection of geographical indications
The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was concluded in 1994 together with all other agreements of the World Trade Organization. It is by far the international treaty that has the greatest impact on national intellectual property laws and systems. . The TRIPS Agreement has three distinctive features: comprehensive coverage of various types of intellectual property rights, formulation of unified enforcement standards and procedures, and introduction of the World Trade Organization’s dispute settlement mechanism.
The TRIPS Agreement covers most types of intellectual property rights, from substantive provisions to procedural provisions, and establishes the minimum standards that members of the World Trade Organization must meet. This means that, except for allowing the least developed countries to delay implementation on individual issues, all members are not allowed to have any reservations, thereby comprehensively improving the level of global intellectual property protection. In addition, the agreement regulates intellectual property enforcement standards and procedures, and clearly stipulates civil liability and criminal liability for infringement of intellectual property rights, as well as border measures and temporary measures to protect intellectual property rights.
It is worth noting that the Agreement on Trade-Related Aspects of Intellectual Property Rights specifically emphasizes the protection of geographical indications. Articles 22 to 24 of the Agreement elaborate on the relevant provisions for the protection of geographical indications, including general protection for geographical indications and additional protection for geographical indications of wines and spirits. Article 22, paragraph 1, defines geographical indications and states that geographical indications need to indicate the specific quality, reputation or other characteristics of the goods associated with their geographical origin. Article 23 stipulates that members shall prohibit the use of geographical indication areas to indicate wines and liquors that do not originate from the place indicated by the indication, even if the true origin of the goods is also indicated, even if translated words are used, or words such as “kind” are added. , expressions of “type”, “style” and “category”.
In order to better protect geographical indications, the TRIPS Agreement also stipulates specific measures. For example, members should reject or cancel trademark registrations that do not meet the requirements of geographical indications ex officio, or take corresponding measures based on the requests of interested parties. In addition, in order to prevent misleading consumers, the agreement also requires members to determine the practical conditions for distinguishing between geographical indications with homophones and homographs. More importantly, in order to facilitate the protection of wine geographical indications, negotiations should be held at the TRIPS Council to establish a multilateral system for the notification and registration of wine geographical indications.
To sum up, the Agreement on Trade-Related Aspects of Intellectual Property Rights not only improves the standards of global intellectual property protection, but also specifically strengthens the protection of geographical indications, which has a profound impact on the quality and reputation of goods in international trade. . Through these measures, the TRIPS Agreement aims to ensure that intellectual property rights can be protected consistently and effectively at the international level, thereby promoting the development of the global economy.
References
- Three outstanding features of the TRIPS Agreement
- Four aspects involved in the Agreement on Trade-Related Aspects of Intellectual Property Rights
- Convention on Biological Diversity related to intellectual property rights
- Intellectual property-related TRIPS Agreement