The Historical Foundations of the Regulation of Indications of Geographical Origin

Abstract

Understanding of indications of geographical origin (IGOs) and the necessity for their protection emerged from two opposite though mutually related powers. From one side, it emerged from efforts of interested persons, mainly producers of goods bearing IGOs, to develop recognition of designations (usually names) capable to designate their geographical origin. From another side, it arose as a response to practices of such persons who exploited the commercial success of those names not being in any way associated with the geographical places referred to in those names at all (nowadays these persons are called imitators). The history of IGOs, therefore, reveals a broad list of examples of when IGOs were illegally exploited by persons who were not entitled to use these names, i.e. imitators, and the efforts of interested persons to stop such illegal exploitation, i.e. to stop imitations of IGOs. As a result, the history of the development of the law on IGOs is simultaneously the history of the unlawful use (imitations) of IGOs and of the efforts to develop regulation for combating such unlawful use.