The legal implications of geographical indications of origin

Abstract

Geographical indications of origin are a distinct class of intellectual property that grant protection over the names of certain products named after the place or region from which they originate, based on the fact that certain characteristics within the territory of origin contribute towards the product’s distinctiveness. The distinctive characteristics of the product give the product a distinguished quality or reputation that could be commercially exploited by producers within the region of production if consumers had a way of easily identifying the origin of the product. Geographical Indications aim to serve the purpose of guaranteeing the origin that has become synonymous with the quality that consumers expect from these unique products by making them easily identifiable on the market. Geographical indications exist in different modalities in different jurisdictions but the principles behind the varied nomenclature remain the same. This thesis aims to examine the development of this unique form of intellectual property right, its regulation and last but not least how these rights can be enforced against any infringement.