Abstract
Abstract This chapter considers the overlaps between trademark law and geographical indication (GI) protection under the context of unfair competition prevention. It outlines the emergence of independent or sui generis GI protection as a regime that has both parallels and points of difference with trademark law. Both GI and trademark regimes can regulate the use and misuse of collectively used geographical signs in the marketplace. Moreover, certification or collective marks and sui generis registered protection have emerged as the two dominant models of protection. The chapter elaborates on the efforts of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) regarding international GI protection commitments. It explains how geographical signs can be registered as both GIs and trademarks, despite the ‘descriptive signs’ exclusion rule.
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