SOLM088 Law of Geographical Indications (Sem 3)
Geographical indications (GIs) recognise the provenance and heritage of products, especially food and drink. The GI provides registered products with protection against imitation; and protects consumers from being misled about the geographical origin or quality of goods. They are important to the economy and environment of rural regions. GIs, such as Scotch Whisky, Parmigiano Reggiano or Darjeeling Tea, have become a valuable form of collective intellectual property. This module is intended for those involved in the drafting of specifications for the registration of GIs; or the formulation of regulations governing GIs; or the complementary administration of trade mark systems; or more generally, in the devising socio-economic policy for rural regions. The module will focus on EU law for the regulation of GIs; while having due regard to the comparative relationship other influential jurisdictions, including those of India and China; and by way of contrast, to the means by which GIs are protected as trade marks in the United States (US). The module will examine the substantive and procedural law relating to the EU regulation of GIs including the definition and eligibility of geographical names for registration; control or inspection obligations; enforcement and; the inter-relationship of GIs with trade marks. The module will consider the international enforcement of GIs, especially the way in which the competing models of EU and US regulation might be further harmonised within trade agreements; as well as possible approaches to future agreement between the UK and the EU concerning the recognition and protection of GIs following the withdrawal of the UK from the EU.
Mode of Assessment
3.15 hour examination