Feta and chablis - what's in a name? : systems of GI protection under the aspect of genericness
This paper will first analyse the relevant Trade Related Aspects of Intellectual Property Rights (TRIPS) provisions regarding the protection of GIs and a concept of generic terms under TRIPS. Second, different regional and national systems on the protection of GIs and the respective concepts of genericness will be analysed. The intention is to determine the criteria of when a term is considered generic. Once these criteria are established they could prove useful if considered in a dispute before a WTO Panel. Finally, this paper shall briefly look into alternatives how future disputes on genericness could be avoided under the auspices of the WTO.
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