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Terroir Vs. Trademarks: The Debate Over Geographical Indications And Expansions To The Trips Agreement, Emily C. Creditt
Terroir Vs. Trademarks: The Debate Over Geographical Indications And Expansions To The Trips Agreement, Emily C. Creditt
Vanderbilt Journal of Entertainment & Technology Law
The ever expanding global marketplace and increasing sophistication of consumers has led to a heightened desire for high-quality wines, spirits and food products that derive their unique characteristics from the geographical region from which they originate. The particular geographic identity of a product, known as a "geographical indication" can increase the marketability and value of any number of consumer goods, from wines and spirits to rice and cheese. The desire to protect geographical indications from misappropriation and abuse eventually led to the adoption of the Agreement on Trade-Related Aspects for Intellectual Property Rights (TRIPS Agreement) during the establishment of the …
A Healthy Solution For Patients And Patents: How India's Legal Victory Against A Pharmaceutical Giant Reconciles Human Rights With Intellectual Property Rights, Sara B. Myers
Vanderbilt Journal of Entertainment & Technology Law
The Swiss drug company Novartis challenged India's status as the "Pharmacy of the Developing World" when it initiated a lawsuit against the Indian government on February 15, 2007. In 2005, India updated its Patents Act to comply with the World Trade Organization's (WTO) intellectual property requirements. Before 2005, India only granted patents to processes, not products, which facilitated the development of the country's booming generic drug industry. On January 25, 2006, India's Office of the Controller General of Patents, Designs and Trademarks denied Novartis's patent application for its cancer-fighting drug Glivec on the grounds that it was not substantially different …
Compliance With The Trips Agreement: Introduction To A Scholarly Debate, J. H. Reichman
Compliance With The Trips Agreement: Introduction To A Scholarly Debate, J. H. Reichman
Vanderbilt Journal of Transnational Law
The first symposium held on the proposals to include intellectual property rights within the Uruguay Round of multilateral trade negotiations' was published by The Vanderbilt Journal of Transnational Law in 1989. It seemed only fitting to return to this same Journal with a retrospective evaluation of the finished product by members of the American Association of Law Schools' (AALS) Intellectual Property Section in 1996. That product is Annex IC of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), better known as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement or Agreement). This Agreement has already …
Trademarks And Geographical Indications: Exploring The Contours Of The Trips Agreement, Paul J. Heald
Trademarks And Geographical Indications: Exploring The Contours Of The Trips Agreement, Paul J. Heald
Vanderbilt Journal of Transnational Law
Professor Heald focuses upon the trademark provisions of TRIPS, which have received less attention than the patent and copyright provisions. He closely examines TRIPS' substantive trademark provisions, including the definition of trademark, eligibility for registration, rights of registrants, and assignments / licensing. Professor Heald then considers geographical indications of products' origins, particularly the unique issues raised by the wine and spirits industry. He also discusses enforcement issues, absence of use requirements, dispute resolution, and the U.S. domestic implementing legislation before closing with a general assessment of the pluses and minuses TRIPS offers in the area of trademark protection.
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
Vanderbilt Journal of Transnational Law
According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Western-based human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution. She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …