Geographical indications

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) includes protection for geographical indications (GIs). Article 22(1) defines geographical indications as:

"indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where has a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."

TRIPS requires that World Trade Organisation Members provide legal means for parties to prevent the use of GIs that:

• indicates or suggests that a good originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; or
• constitutes an act of unfair competition.

The TRIPS Agreement also created an "enhanced" level of protection for GIs on wines and spirits (Article 23.) Article 24 sets out certain exceptions to this protection; for example, earlier trade mark rights

Section 3(1)(c) of the Trade Marks Act 1994 states that trade marks that consist exclusively of signs or designations which serve to indicate geographical origin should not be registered. UK practice on the registration on geographical designations is set out in the Trade Marks Work Manual.

The 1994 Act in sections 49 and 50 allows the registration of geographical names as certification and collective marks, and many countries (eg. United States of America) use these as their prime means of protecting geographical indications.

The World Intellectual Property Organisation can give information on the international aspects of geographical indications. Further information on GIs in Europe is available on the Geographical indications in Europe page.