Intellectual Property and Food Labelling: Trademarks and Geographical Indications

2016 ◽  
pp. 101-143 ◽  
Author(s):  
Michael Blakeney
Keyword(s):  
Intellectual Property ◽  
Geographical Indications ◽  
Food Labelling

scholarly journals Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu

2021 ◽  
Vol 2 (1) ◽  
pp. 24-35
Author(s):  
Lompoh Egia Nuansa Pinem ◽  
Ni Luh Dwik Suryacahyani Gunadi
Keyword(s):  
Data Analysis ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Qualitative Data ◽  
Secondary Data ◽  
Primary Data ◽  
Geographical Indications ◽  
Trade Disputes ◽  
Data Analysis Methods

In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.

scholarly journals GEOGRAPHICAL INDICATIONS IN INDIA & THE CASE OF FAMOUS INDIAN WEAVE: BANARASI BROCADE

2016 ◽  
Vol 4 (12) ◽  
pp. 137-146
Author(s):  
Shruti Gulati
Keyword(s):  
Intellectual Property ◽  
Property Right ◽  
Intellectual Property Right ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Place Of Origin ◽  
Selling Point

A milestone was reached when WTO through TRIPS had granted goods to retain its essence of the land by allowing attaching a geographical indication to goods having specialty from the place of origin. Where a product holds characteristics that clearly indicate its reference to a place in terms of quality, essentially attributed things such as reputation, it is said to have a geographical indication. Where most things become synonymous with the land, that they sometimes lose their own identity leading to an interchangeable use of the geographical name with the good like the ‘banarasibrocade’or ‘phulkari’. The reason for getting it under the Intellectual Property Right radar is that it becomes the selling point as well as that characteristic which solely differentiates the good out of the crowd, sometimes to an extent of premium pricing as well. It’s like a safeguard to both the consumers for an assurance of quality and the producers for making it worthy.

scholarly journals Intellectual property and agricultural trade: Producer perceptions of tea and coffee as potential geographical indications

2018 ◽  
Vol 3 (1) ◽  
pp. 586-595
Author(s):  
Fredah Wangui Maina ◽  
John Mburu ◽  
Chris Ackello-Ogutu ◽  
Henrik Egelyng
Keyword(s):  
Intellectual Property ◽  
Value Chain ◽  
Market Access ◽  
International Market ◽  
Developed Countries ◽  
Agricultural Trade ◽  
County Government ◽  
Geographical Indications ◽  
Production Area

Abstract Kenya tea and coffee are major foreign exchange earners and have high reputation among consumers in the international market. Faced by declining prices and competition from other sub-sectors, production area under these commodities has been declining. Use of intellectual property (IP) rights to protect and market agricultural commodities has been on the increase. Geographical indications as IP have been successfully implemented in developed countries and increasingly in developing countries. The study assesses producers’ awareness and perceptions of territorial-based qualities and the influence on product profits from the two export beverage crops, tea and coffee. Factor analysis was conducted on Likert scale perception questions administered to producers of coffee and tea from Muranga and Kirinyaga, respectively, in the Central region of Kenya. Producers of the two products were aware of the uniqueness of their products and their geographical source. Only perceptions related to market access in coffee and tea, and policies and rules as well as role of county government in coffee positively influenced income. Rather than have GI as a certification trademark, a prescriptive sui generis law would provide the required streamlining needed for collective participation of various actors along the value chain of potential GI products.

“Deceptions Have Been Practiced”: Food Standards as Intellectual Property in the Missouri and Ohio Wine Industries (1906–1920)

2020 ◽  
pp. 1-36
Author(s):  
ANDREW VENTIMIGLIA
Keyword(s):  
Twentieth Century ◽  
Intellectual Property ◽  
Market Value ◽  
Geographical Indications ◽  
Early Twentieth Century ◽  
Food Standards ◽  
Historical Episode

This article explores early twentieth-century debates about wine regulation in order to understand how emerging food standards could be mobilized in order to produce and protect value around particular geographical locales. Ohio and Missouri winemakers sought to protect their practices of “amelioration,” or the addition of sugar and water to acidic or foxy wines, by establishing the regulatory designation of “Ohio and Missouri Wine” as separate from “Wine.” In doing so, they turned food standards into a form of intellectual property mobilized to protect their practices and enhance the market value of Ohio and Missouri wines. Conversely, they argued that “universal” wine standards were unduly preferential to California wines. This compelling yet forgotten historical episode inverts the rationale behind geographical indications (a form of intellectual property designed to protect the intrinsic benefits of place) producing a unique argument for geographical protections based not on value but on lack.

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