Two Continents, Divided by Deep Philosophical Waters?

Abstract

The May 2016 leak of draft texts produced within the context of the on–going Transatlantic Trade and Investment Partnership negotiations has provided an interesting insight into the positions of the EU and US with regard to different dimensions of regulatory cooperation, with some chapters being complete or near completion (as other articles in this mini–symposium discuss), and others still in a more rudimentary format. One such field of regulation, covered in the leaked ‘Tactical State of Play’ document, covers geographical indicators (hereafter GIs). However, this coverage is very brief, stating that ‘discussions focused on the preparation of an intersessional discussion prior to the next round’. GIs, marks identifying the geographical origin, and by extension (so the argument goes) quality of goods, have continued to be a source of consternation in international trade regulation, with states unable to see eye–to–eye on how they should be protected, if at all.

Vineyard zonation based on natural terroir factors using multivariate statistics – Case study Burgenland (Austria)

“…In rebuttal, the EU argues that its approach mainly protects consumers. Under the EU system, consumers are ensured explicit information on products they purchase, and it is harder to confuse similar products with each other (Farrand, 2016).…”

Bold and newly Independent, or Isolated and Cast Adrift? The Implications of Brexit for Intellectual Property Law and Policy

“…While agreements such as those concluded with Colombia, Peru and the Caribbean Forum undoubtedly provide some benefits for those nations, the main benefit is for the IP‐intensive sectors in the EU, which gain protections and rules for enforcement that go far beyond the standards provided for in the TRIPS Agreement (see generally Maskus, ). This is particularly the case for developing sectors such as the protection of geographical indications of origin, a sui generic form of protection for agricultural products deemed to possess intrinsic qualities, such as feta cheese, prosciutto di parma or Portuguese linguíça (on GIs see Blakeney, ; Calboli, ), identified as a key ‘offensive’ interest in trade agreements by the European Commission (Farrand, ). GI protected foodstuffs are of considerable financial value to the EU and its agricultural producers, worth €15.8 billion in 2012 with an increase in sale value between 2005 and 2010 of 19 per cent (Chever et al , , p. 16).…”