scholarly journals Value and protection of geographical indications by the Japanese Wine Law

2019 ◽  
Vol 15 ◽  
pp. 03004
Author(s):  
K. Ebihara ◽  
M. Omura
Keyword(s):  
Internal Market ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Foreign Countries ◽  
National Tax ◽  
Definition Of ◽  
The Eu

Recently, Japanese wine law has changed dramatically. In October 2015, the definition of “Japan wine” and the labelling rules were introduced, and the registration guidelines for the geographical indication (GI) were formulated. Up to now, the Commissioner of the National Tax Agency has designated two wine GIs: “Yamanashi” and “Hokkaido”. However, it is not easy for Japanese consumers to understand the value and the role of GI. The National Tax Agency, prefectures, municipal authorities and winery associations organise from time to time promotional events of GI wines to spread the notion of GI. Even though the majority of “Japan wine”, including GI wine, is consumed in the internal market, it is necessary to protect the Japanese GIs in foreign countries. Due to the EU-Japan EPA that ensures the mutual protection of GIs, it is quite probable that the GI will play an important role in the export of Japanese wine, liquor and agricultural products.

scholarly journals Problemas de coexistencia entre Denominaciones de Origen Protegidas e Indicaciones Geográficas Protegidas: El caso “Aceite de Jaén”

2018 ◽  
pp. 163-177
Author(s):  
José Ramón Sánchez Jaraba
Keyword(s):  
Olive Oil ◽  
Virgin Olive Oil ◽  
Extra Virgin Olive Oil ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Peaceful Coexistence ◽  
Eu Legislation ◽  
Southeastern Spain ◽  
The Eu

Designations of Origin and Geographical Indications are two quality titles covered by EU legislation for the protection of agricultural products and foodstuffs whose quality is linked to a specific territory. In spite of being two different titles, the similarities between them are evident, and, since the EU regulations do not establish priority or incompatibility between them, it is possible that both protection instruments can apply in the same territory to designate the same type of product. This is actually the case in the province of Jaén, in southeastern Spain, where three Protected Denominations of Origin (PDOs) are threatened as a result of the application for registration of a Protected Geographical Indication (PDI) that intends to act at the provincial level for designating the same product: extra virgin olive oil. In this study we analyse this case and formulate some general recommendations of possible solutions that might allow a peaceful coexistence between these two titles of protection.

Relationship Between Geographical Indications and Trade Marks under Turkish Law

2021 ◽  
Author(s):  
Ufuk Tekin
Keyword(s):  
Trade Mark ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Distinctive Character ◽  
Trade Marks ◽  
Judicial Practice ◽  
International Regulations ◽  
First Time

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).

scholarly journals Jan Hornat: Transatlantic Democracy Assistance. Promoting Different Models of Democracy.

2019 ◽  
Vol 54 (2) ◽  
pp. 70-73
Author(s):  
Veronika Bílková
Keyword(s):  
Political Theory ◽  
Democratic Governance ◽  
Us Foreign Policy ◽  
Democracy Promotion ◽  
Democracy Assistance ◽  
Constructivist View ◽  
The Us ◽  
Definition Of ◽  
The Eu

The approaches of EU institutions and the US to democracy assistance often vary quite significantly as both actors choose different means and tactics. The nuances in the understandings of democracy on the part of the EU and the US lead to their promotion of models of democratic governance that are often quite divergent and, in some respects, clashing. This book examines the sources of this divergence and by focusing on the role of the actors’ "democratic identity" it aims to explain the observation that both actors use divergent strategies and instruments to foster democratic governance in third countries. Taking a constructivist view, it demonstrates that the history, expectations and experiences with democracy of each actor significantly inform their respective definition of democracy and thus the model of democracy they promote abroad. This book will be of key interest to scholars, students and practitioners in democracy promotion, democratization, political theory, EU and US foreign policy and assistance, and identity research.

The role of public diplomacy in defending national and coalition interests (for example, the US, NATO and the EU)

2020 ◽  
pp. 61-69
Author(s):  
V. I. Vinokurov
Keyword(s):  
Public Diplomacy ◽  
The Us ◽  
Definition Of ◽  
The Eu

The article gives a definition of public diplomacy, reveals the dualism of its functions, emphasizes the role and place of public diplomacy in upholding national and bloc interests.

Geographical Indications for agricultural products and foodstuffs in the EU: to what extent does the protection level match the scope of the subject matter?

2021 ◽  
Vol 11 (3) ◽  
pp. 270-294
Author(s):  
Kim Van der Borght ◽  
Jianmei Gao ◽  
Xiaoting Song
Keyword(s):  
Human Factors ◽  
Subject Matter ◽  
Agricultural Products ◽  
Production Model ◽  
Geographical Indication ◽  
The European Union ◽  
Protection Level ◽  
Protected Designation Of Origin ◽  
The Subject ◽  
The Eu

To recognize an origin-linked production model and the typicity of the products, the European Union (EU) has introduced the Geographical Indication (GI) protection regime. By requiring that relevant production steps must take place in the defined locale, the regime confers exclusive production rights on the local producers. There are two GI categories in the EU. The first is Protected Designation of Origin (PDO), covering products with a qualitative link to both natural and human factors in the designated region. The second is Protected Geographical Indication (PGI), the scope of which overlaps with PDO and covers products that have a qualitative or reputational link with their regional origin. This article examines whether exclusive rights are necessary and appropriate to fulfil their objectives and argues that these rights, when extended to human factors and reputation, cannot always be justified. It is argued that the overlapping scope of the subject matter undermines the ability of these two GI protection categories to provide transparent and trustworthy information for consumers. Finally, this article proposes to redefine the scope of the subject matter and the protection level for PDO and PGI by approaching the product/origin link from a resource utilization, integration and sustainability perspective. *Corresponding author: [email protected]. The research for this article was partially funded by Vrije Universiteit Brussel/China Scholarship Council Joint Scholarship and the National Social Science Fund of China (Grant No. 16 ZDA236).

scholarly journals The Swedish Riksdag as Scrutiniser of the Principle of Subsidiarity

2016 ◽  
Vol 12 (2) ◽  
pp. 294-317 ◽  
Author(s):  
Anna Jonsson Cornell
Keyword(s):  
Early Warning ◽  
Selection Mechanism ◽  
National Parliaments ◽  
European Public ◽  
Early Warning Mechanism ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Proportionality Principle ◽  
The Eu

Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism

scholarly journals Community Empowerment through Optimization of Geographic Indication (A Study on Local Products in Tambakroto Village, Sayung District, Demak Regency )

2019 ◽  
Vol 3 (1) ◽  
pp. 30-37
Author(s):  
M Shidqon Prabowo
Keyword(s):  
Descriptive Analysis ◽  
Community Empowerment ◽  
Agricultural Products ◽  
Public Understanding ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Cultural Traditions ◽  
The People ◽  
Place Of Origin ◽  
The City

Geographical Indication is a sign used on goods that have a specific geographical origin and has the quality or reputation is based on place of origin. In general, Geographical Indications is the name of the place of origin of such goods. Agricultural products typically have qualities that are formed from the place of production and are influenced by local factors are specific, such as climate and soil. Sub Tambakroto Sayung is one of the District in the city of Demak, which has the potential to geographical indications. The potential of geographical indications which are owned by the city of Demak District Tanbakroto Sayung have the geographic conditions, natural resources, agricultural products, crops and cultural traditions. The problem in this research are: 1). Potential geographical indication of what is owned by the District of Demak TambakrotoSayung? 2). What policies adopted to improve the welfare of society through excellence geographical indications in the District of Demak Tambakroto Sayung? This study aims to: 1). Register geographical indications advantages possessed by Tambakroto Sayung District of Demak, 2). Knowing the supporting and inhibiting factors in empowering excellence Tambakroto Sayung geographical indications in the District of Demak, 3). Produce a model of community empowerment based on the superiority of geographical indications in the DistrictTambakroto Demak.This research was carried out by empirical methods juridical approach. The specifications used in this research is descriptive analysis. The location of this research is in DistrictTambakroto sayung Demak. The research data collected by way of interviews, documentation and direct observations in the field.The results of this study is the potential for geographical indications which are owned by the District Sayung the fruit tempe and lontong  fruit. Sub Tambakroto Sayung has advantages over other regions in wilyah city of Demak. Excellence is the product of geographical indication in the form of fruit tempe and lontong fruit known by the name of the tempe and lontong tambakroto. Potential is the potential for geographical indications that have long existed in the district since Tambakroto But this time the potential was nearly extinct where the biggest factor is masyarat nor the relevant local government is not keeping well and not doing it continuously for the potential development of geographical indication. Development and empowerment are preferred to be done in maintaining the geographical indication products Tambakroto District. After that application was made for the protection of geographical indication products. Steps are still far to be done but it is not impossible to do. District policy has not led to concrete Tambakrotoin pengupayaaan, empowerment and development of products of geographical indication Tambakroto District. Initial thing to do is perform on the public understanding of the meaning of Sub Tambakroto importance of geographical indication of products that have been owned by the community such Tambakroto District. Geographical indication of products that have been developed and empowered as optimal as possible will support the welfare of the people own Tambakroto District. Keywords: Community Empowerment, Geographical Indications.

scholarly journals Transnational Municipal Climate Networks and the Politics of Standardisation: The Contested Role of Climate Data in the New Global Covenant of Mayors for Climate and Energy

2018 ◽  
Vol 6 (3) ◽  
pp. 126-135 ◽  
Author(s):  
Friederike Gesing
Keyword(s):  
Greenhouse Gas Emission ◽  
Global Network ◽  
Climate Data ◽  
Public Data ◽  
Standard Tool ◽  
Climate Action ◽  
Future Direction ◽  
Definition Of ◽  
The Eu

This article analyses the formation of a new global network, the Global Covenant of Mayors for Climate & Energy (GCoM), by two existing initiatives, the EU-based Covenant of Mayors and the UN-supported Compact of Mayors. While this merger of two transnational networks provides evidence for the increased coordination and standardisation of transnational municipal climate action, this remains a contentious and incomplete process. The article identifies different modes of transnational climate governance that have contributed to conflict between the founding networks and zooms in on the role of municipal climate data. Using empirical evidence, it analyses the contested politics of municipal climate data, including the role of the Global Protocol for Community-Scale Greenhouse Gas Emission Inventories (GPC) as a standard tool, the definition of a common target, and the inclusion of financial actors. Concerns over the reshaping of public-private boundaries and the possible commodification of public data are identified as major obstacles for the (EU) Covenant of Mayors, which consequentially seeks to remain as independent as possible within the new GCoM. Data politics emerges as a crucial factor for the future direction of transnational municipal climate policy and the ongoing processes of standardisation and coordination.

scholarly journals Foreign Investors vs. National Tax Measures: Assessing the Role of International Investment Agreements

2021 ◽  
pp. 149-169
Author(s):  
Julien Chaisse ◽  
Jamieson Kirkwood
Keyword(s):  
International Investment ◽  
Foreign Investors ◽  
International Investment Agreements ◽  
Key Characteristics ◽  
Recent Trends ◽  
National Tax ◽  
Definition Of ◽  
The Impact ◽  
Investment Agreements

AbstractThis chapter focuses on the impact of the international law of foreign investment on tax issues with a view to assessing the interactions between the two regimes and identifying potential signs of convergence. In particular, this chapter focuses on the operation of International Investment Agreements (IIAs) and assesses the role of IIAs from the perspective of foreign investors vis-à-vis National Tax Measures (NTMs). Part I of this chapter provides an understanding of the convergence between investment law and tax issues. This aids in an understanding of the key characteristics of IIAs (such as the definition of investment and the use of specific tax exceptions) and the relationship between currently existing IIAs and tax disputes. Part II analyzes, both quantitatively and qualitatively, the recent trends of tax disputes in investment arbitration. Part III assesses how tax can be seen as the last barrier to cross border investment. Part IV concludes.

scholarly journals Histoire et évolution des appellations d'origine françaises

2019 ◽  
Vol 15 ◽  
pp. 03013
Author(s):  
J. Gautier ◽  
F. Humbert ◽  
S. Wolikow
Keyword(s):  
Emerging Countries ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Historical Knowledge ◽  
Wine Production ◽  
International Protection ◽  
Legal Norms ◽  
Appellations Of Origin ◽  
Appellation Of Origin

During the 20th century, wine appellations of origin have largely developed to represent a significant part of the wine production of some countries, especially in Europe. The globalization of the production, trade and consumption of wine is a major fact of the 21st century economy. The question of appellations of origin and more generally geographical indications must be asked: Is it a survival 100 years after the first law on appellations of origin was adopted in France? Historical knowledge makes it possible to understand how law, both national and international, has been marked by major developments in this area. Regulations on the origin of products have undergone significant changes over the last century, extending well beyond the wine and spirits sector to cover many other sectors. In addition, international institutions are very involved in the development of this concept, be it the FAO in order to protect and sustainably develop agricultural products from emerging countries or whether it is WIPO or WTO in order to implement protection of signs of origin in the context of intellectual property. Since its creation in 1924 the OIV has been largely attentive to the issue of appellations of origin, in their different forms, (AOP, AOC) and according to the country. It continues to play an important role in reflecting and thinking about the role of legal norms in the globalized wine economy and international trade. A symposium organized in Dijon in May 2019, has commemorated and evoked the centenary of the concept of the appellation of origin in France, bringing together speakers from several disciplines, including historians and jurists, on this theme of the appellation of 'origin. The proposed communication present the main orientations identified during this conference, and in particular the strengths and weaknesses of this concept vis-à-vis the theme of international protection.

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