The Protection of Geographical Indications in the UK after Brexit The Design of a Sui Generis System Postdoctoral Research Project at Faculty of Law University of Oxford supported by the Economic and Social Research Council UK 2018. This panel will review.
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5102006 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs 2006 OJ.
On the legal protection for geographical indications wang. It is necessary for us to further perfect the geographic indication set up the protect. The Protection of Geographical Indications in the UK after Brexit - The Design of a Sui Generis System One year fellowship held by Xiaoyan Wang funded by the Economic and Social Research Council The withdrawal of the UK from the EU creates great uncertainty for intellectual property right holders in the UK as well as stakeholders from the other 27 Member States. Tracing Causes of Delays in the Ongoing Negotiation on the Co-operative.
Geographical Indications The CNIPA received 10 applications for geographical indication protection. China Legislation on Geographical Indications Legislative Situation on GIs in China 7 It is to be noted that the Trademark Law was adopted by the legislative body ie. Comparisons between Geographical Indications designations and marks 85 Table 53 OWNERSHIP AND USE.
Foreign geographical indications GIs may be granted protection even without a trademark registration in China. Appropriate method of implementing the provisions of this Agreement within their own legal system and practice various countries and regions have adopted a. I Only a name that is in use in commerce or in common.
Comparisons between Geographical Indications designations and marks 86 Table 54 PROTECTION. Although registration is not a precondition to invoke protection. PDF On Jan 1 2014 Wang Xiaobing and others published The Protection of Geographical Indication in the EU and China.
The protection of geographical indications and designations of. This includes for instance protection of patents copyrights trademarks and geographical indications of origin. Insufficient protection of intellectual property rights - both with respect to the scope of protection and with respect to the possibilities of legal protection.
The Symposium provides a forum for exchanging ideas and perspectives on issues relating to the use and protection of geographical indicationsIt also offers technical insights and information on recent. The Thai Act on Protection of Geographical Indications also allows any group or organization of consumers to apply for GIs Ngokkuen and Grote 2012 based on Thai GI Protection Act 2546. Condition New ISBN 10.
3 This is borne out by observations made by some of the authors in this volume. They have also granted approval for the protection of six geographical indication products 1052 enterprises for the use of geographical indications and the registration of 765 geographical indication trade marks. 31 further sets qualifications for eligible names.
A request of protection for a geographical indication may be filed depending on the applicable law without assistance from an IP lawyer or specialized agent. All content in this area was uploaded by Xiaobing Wang on Oct 03 2015. She acquired her PhD degree at Queens University Belfast in July 2018.
The adoption use or registration as a trademark in good faith before prescribed dates of the protected geographical indication or a translation of it if a person has in good faith filed an application or secured a registration or acquired rights through use. Due to the under-constructed theoretical basis and overlapping dimensions of law economics culture and social policy doctrinal issues associated with GI protection are highly contentious including the level of GI protection. Geographical indications the legal protection of the.
The foreign legislation protects it by use of such three modes as trade mark law special law and unfair competition law. Protection of Geographical Indications November 2019 Sponsoring Committee. Her doctoral research focused on the rational basis of.
16 WIPO Geographical Indications. The geographical indication is an importam intellectual property right. 38 Commission Regulation No 18982006 of December 14 2006 Laying Down Detailed Rules of Implementation of Council Regulation EC No.
China University of Political Science and Law. In Indonesia GI protection can be granted to any organization representing the community in the area which produces the goods Indonesia Trademark Law 2001. WIPO Outline of the National Intellectual Property Strategy 2014-2020 at 3.
Historical Background Nature of Rights Existing Systems for Protection and Obtaining Protection in Other Countries at 4 SCT84 2002. Every two years the Worldwide Symposium on Geographical Indications GIs brings together representatives of national administrations producers of GI products and GI specialists. There is continuing development of proactive regulation and protection schemes for geographical indications.
Geographical Indications Committee. Law a geographical mark can be the name of the geo-. If the geographical indication has ceased to be protected by the law applicable to the territory associated with it.
The Standing Committee of the National Peoples Congress while the Provisions on the Protection of Geographical Indication Products and the Measures for Administration of Geographical. Comparisons between Geographical Indications designations and marks 87 Chapter 6 Deciding to undertake a GI key points to. Central Europe compared PerspectiveChinese Edition by WANG XIAO BING.
Geographical indications GIs are one of the most controversial categories of intellectual property rights. The approach to the legal protection of geographical indications varies depending on the national regional or international context in which they are developed and used. Dr Wang was an ESRC Postdoctoral Research Fellow at the Faculty of Law University of Oxford.
Xiaobing Wang Xiuqin Lin A Comparative Study of Protection of Geographical Indications in China and the EU 3 Journal of Xiamen University Arts Social Sciences 125 126 2012. Table 52 FOCAL AREAS. However in many countries an applicant whose residence or principal place of business is outside the country where the protection is sought must be represented by a lawyer or agent admitted to practice in that country.
15 Min Chiuan Wang The Asian Consciousness and the Interest in Geographical Indications 96 TRADEMARK REP. The International society concludes a special International treaty to protect the geographical indication. G Is are indications that identify a good as originating from a certain region or locality where a given quality reputation or other characteristic of the good is essentially attributable to the natural or humanistic features of the place indicated.
Geographical indication is one of the IP rights enumerated in Article 123 of the General Provisions of the Civil Law. To cite a few the chapter authored by Tay Pek San reporting on Malaysias experience with GIs writes that when the country enacted its GI Act 2000 there was relatively little understanding of the benefits and potential impact of GI protectionA similar message came from Szu-Yuan Wang reporting on Taiwan.
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The Protection Of Geographical Indications In The Uk After Brexit The Design Of A Sui Generis System Oxford Law Faculty