THE DEVELOPMENT OF PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN IN THE EUROPEAN UNION
AbstractThe article discusses the codification of EU acts on the protection of designations of origin and geographical indications. It is noted the higher protection requirements in the EU compared to the TRIPS Agreement and the Lisbon Treaty. It is noted the difference in designations of origin and other denominations on national level. The legal regime of traditional specialities and optional quality terms is discussed with notes of features of these indication close to specific industrial property objects. The specific character of enforcement of rights on designations of origin and geographical indications is noted with more wide protection then for other IPR objects. It is noted non codification of legislation on agricultural products and foodstuffs and wines and spirits, small amount of the types of products and foodstuffs which cover the regulation in comparison of other countries, expedience of simplification of the registration for small producers.
Pravo intelektual’noyi vlasnosti Yevropeys’koho Soyuzu ta zakonodavstvo Ukrayiny (Kapitsa Yu. M., Stupak S. K., Vorobyov V. P. ta in.); za redaktsiyeyu Yu. M. Kapitsy. – K. : Vydavnychyy Dim ≪Slovo2, 2006. – S. 292-319.
Par. 11, Proposal for a Council Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuff. 21 January 1991. SEC(90) 2415 final.
European legislation on protection of geographical indications. Overview of the EU member states’ legal framework for protection of geographical indications. EU – China IPR2, February 2011. – P. 11-98.
Council Regulation (EEC) № 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.
Council Regulations 817/70, 338/79, 823/87, 1493/1999, Commission Regulation 1607/2000.
Council Regulation 491/2009 of 25 May 2009 amending Regulation 1234/2007 establishing a common organization of agricultural markets and on specific provisions for certain agricultural products.
Par. 1.1, Proposal for a Regulation of the European Parliament and of the Council on agricultural products quality schemes. 10. 12. 2010. COM (2010) 733 final.
Regulation [EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.
Evans G. E. The simplification of European legislation for the protection of geographical indications / Evans G. E. // Constructing European Intellectual Property Law: Achievements and New Perspectives, Editors: Geiger C. – Edward Elgar Publishing Ltd, 2013. – P. 177-212.