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In an increasingly globalised world, place and provenance matter
like never before. The law relating to Geographical Indications
(GIs) regulates designations which signal this provenance. While
Champagne, Prosciutto di Parma, Cafe de Colombia and Darjeeling are
familiar designations, the relevant legal regimes have existed at
the margins for over a century. In recent years, a critical mass of
scholarship has emerged and this book celebrates its coming of age.
Its objective is to facilitate an interdisciplinary conversation,
by providing sure-footed guidance across contested terrain as well
as enabling future avenues of enquiry to emerge.The distinctive
feature of this volume is that it reflects a multi-disciplinary
conversation between legal scholars, policy makers, legal
practitioners, historians, geographers, sociologists, economists
and anthropologists. Experienced contributors from across these
domains have thematically explored: (1) the history and conceptual
underpinnings of the GI as a legal category; (2) the effectiveness
of international protection regimes; (3) the practical operation of
domestic protection systems; and (4) long-unresolved as well as
emerging critical issues. Specific topics include a detailed
interrogation of the history and functions of terroir; the present
state as well as future potential of international GI protection,
including the Lisbon Agreement, 2015; conflicts between trade marks
and GIs; the potential for GIs to contribute to rural or
territorial development as well as sustain traditional or
Indigenous knowledge; and the vexed question of generic use. This
book is therefore intended for all those with an interest in GIs
across a range of disciplinary backgrounds. Students, scholars,
policy makers and practitioners will find this Handbook to be an
invaluable resource. Contributors include: E. Barham, D. Barjolle,
L. Berard, D.S. Gangjee, D. Gervais, M. Geuze, B. Goebel, M.
Groeschl, M. Handler, C. Heath, D. Marie-Vivien, J.M.C. Martin, P.
Mukhopadhyay, D. Rangnekar, B. Sherman, A. Stanziani, S. Stern, A.
Taubman, L. Wiseman, H. Zheng
Historically, likelihood of confusion has been the core
infringement test for trade mark law, and it remains the most
frequently applied test in infringement actions by far. However,
there are noticeable differences in how it is applied by the Court
of Justice of the European Union (CJEU), the General Court, and
national courts; and questionable outcomes when it is applied in
novel situations. This book is the first comprehensive and
systematic account of the confusion test within the harmonised
European trade mark system. It considers how the test is applied by
national trade mark registries across EU member states, by the
European Union Intellectual Property Office (EUIPO), by national
courts, and by the CJEU. It offers practical guidance, while also
evaluating the viability of more recent developments such as
initial-interest confusion, post-sale confusion and consumer
responses to uses of trade marks on the internet. The book analyses
three distinct strata of legal doctrine: the decisions of the CJEU,
including the General Court; the extensive body of decisions by
EUIPO; and the application of harmonised trade mark law by courts
of member states, focusing on leading decisions as well as wayward
ones. It also draws upon the legal position in the US to illuminate
these issues.
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