The need for a food-specific legal concept of “geographical origin” (in a general sense, not dealing with PDOs or PGIs). The example of food technology applied to wines: sci-fi exaggerations, or market’s interest for an average consumer? Origin or reputation? Dealing with the problem on a larger scale. Some more specific notes about the WTO Agreement on Rules of Origin. “Customs origin”: variations on a theme, in search of a more food-friendly solution. Unsolved problems about the definition of “origin” in the WTO context, difficulties in implementing the TRIPs agreement, and different national legislative approaches. TRIPs’ awareness of food specificity. Flaws deriving from the use of criteria other than the “know-how”. International rules on IP rights linked to the geographical origin: double standards and missed occasions.
Passport Please! WTO, TRIPS, and the (Serious?) Question of the Geographical Origin of Foodstuffs
BORGHI, Paolo
2014
Abstract
The need for a food-specific legal concept of “geographical origin” (in a general sense, not dealing with PDOs or PGIs). The example of food technology applied to wines: sci-fi exaggerations, or market’s interest for an average consumer? Origin or reputation? Dealing with the problem on a larger scale. Some more specific notes about the WTO Agreement on Rules of Origin. “Customs origin”: variations on a theme, in search of a more food-friendly solution. Unsolved problems about the definition of “origin” in the WTO context, difficulties in implementing the TRIPs agreement, and different national legislative approaches. TRIPs’ awareness of food specificity. Flaws deriving from the use of criteria other than the “know-how”. International rules on IP rights linked to the geographical origin: double standards and missed occasions.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
