Time to Stop TRIP-ing: The World Needs a New Geographical Indications Agreement

Authors

Evan Glatt

First Page

232

Abstract

When it comes to purchasing food and alcohol, a product’s name carries weight and helps consumers make decisions. When the product’s name includes a place and establishes a certain level of quality and expectation, consumers trust that the product is what it purports to be. This concept, the reputation of a particular food product by name, is known as a geographical indication (GI). GIs cover a wide range of products, from the well-known champagne to lesser known products such as Roquefort cheese. GIs create financial value for local producers, contribute to sustainability initiatives, and raise the quality of goods for consumers. Falling under intellectual property law, GIs are governed on the international level under the World Trade Organization by the Agreement on Trade-Related Aspects of Intellectual Property Rights, otherwise known as the TRIPS Agreement. The TRIPS Agreement establishes baseline protections for Member States to follow, protecting certain products whose names have ties to a specific geographical area and indicate a certain level of quality. It included heightened protections for wines and spirits, with plans to continue discussions and expand protections for more products. However, the TRIPS Agreement has not been updated since it went into effect in 1995. The failure to update the agreement and fulfill its original mandate has left GIs vastly unprotected on the global stage. The European Union has led the charge on protecting GIs, with some of the most protective regulations in place today. The European Union has gone further by entering into bilateral agreements with other nations, showing the desire for greater GI protection on the world stage. The time has come for a new, enhanced GI protection system. Protecting GIs will promote economic conditions worldwide, bring developing nations to the table, and give everyone a seat to share the products they are proud of with the rest of the world.

Recommended Citation

Evan Glatt, Time to Stop TRIP-ing: The World Needs a New Geographical Indications Agreement, 50 Brook. J. Int'l L. 232 (2024).
Available at: https://brooklynworks.brooklaw.edu/bjil/vol50/iss1/8