An Analysis on the National Treatment Principle under the TRIPs Agreement - A Case on EC Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs. - (EU 지리적 표시사건의 쟁점과 그 함의에 관한 연구 - TRIPs협정상 내국민대우원칙을 중심으로 -)

Park HyungKyung (박현경); Lee，Eun-Sup (이은섭); JangDooChae (장두채); Jae-phil Hahn (한재필)

An Analysis on the National Treatment Principle under the TRIPs Agreement - A Case on EC Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs. -

DONG-A LAW REVIEW
2009, (44), pp.247-286
Publisher : The Institute for Legal Studies Dong-A University
Research Area : Social Science > Law

Park HyungKyung ¹, Lee，Eun-Sup ², JangDooChae ³, Jae-phil Hahn ⁴

¹영산대학교
²부산대학교
³동부산대학교
⁴숭실대학교

Candidate

ABSTRACT

This article is a case-study on GI protection under the TRIPs. The case has been brought by The United States and Australia against EC concerning the protection of GI under the EC Regulation. The case has dealt with two important issues, the national treatment principle and the coexistence of GIs and Trademarks. First of all, this article talks about the general GI system under the TRIPs and studies about the EC GI system(under the Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs). Then it provides the history about EU vs. U.S., Australia case and analyses the panel report in terms of the national treatment in several aspects and the relationship between GIs and prior trademarks. The panel concluded that the EC Regulation violated the national treatment under the TRIPs, but the structure of EC system itself was complied with the TRIPs. Further, the panel concluded that the EC Regulation on the coexistence was consistent with art. 17 of the TRIPs as ‘limited exceptions’. However, there are still many problems to deal with about the protection of GIs in the international relationships. Because of the characteristics of GIs, it has great economic/trade stakes and historical and socio-cultural dimensions. As a result, the degree of protection is still sensitive and controversial at both international and national levels. In our situation negotiating the GI protection with the EU, this issues deserve to appreciate. In compliance with the national treatment and the minimum standards under the TRIPs, it is necessary to measure the impotance of GIs in our marketplace and find out the adequate degree of GI protection in international trade relationships.

KEYWORDS

Geographical Indication, TRIPs, Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs, National Treatment, Reciprocity, Equivalence, Minimum Standards

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.

KJCKorea
Journal Central

DONG-A LAW REVIEW 2023 KCI Impact Factor : 0.65