| A Geographical Indication is a signed used for consumers to make them easily chose a product based on its own characteristic and quality,usually linked to the place where the good is originated and produced.For example,“Roquefort”,“Cognac”,“Darjeeling” or “Parmiggiano Reggiano”1 are all proper product names that make consumers recognise easily where they come from and their quality.It,most commonly,consist of a name of the place where the geographical indication good is produced.However,a non-geographical name cannot be considerate as a geographical indication.Its function is a matter of national law or consumer perception.The essential principle of a product is to be linked to its place of origin,since its own ingredients,materials and quality depend on the on that specific land.Furthermore,Geographical indications are protected by four main international treaty,which are aimed to empowered the protection and avoid misleading,unfair competition and infringement situation.However,during the decades,the subject treaties are found to be theoretically good but a failure in the practice.Although,the understanding of the legal position of European Union,Italy and China towards geographical indicationsIndeed,it has to be considered,despite of the lack of consistency and protection towards geographical indication,this IP law field is involved in a conflict with the Trademark Law system.The relationship that I am going to analyse,is usually tumultuous and related to their definition,protection,and usually confusing so much that they can be interchangeable.Through scholar's research papers and books,I am able to understand the problem,how the conflict is creating and the solution find by them to solve it;it also helped me to find my own personal outcome to solve the battle between these two IP rights.The personal outcome,that I find as a solution,bring the use of the Transpacific Partnership considered as a deathblow of the sui generis system. |
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