Trips Agreement Article 22
The TRIPS Agreement, also known as the Agreement on Trade-Related Aspects of Intellectual Property Rights, is a landmark treaty signed by members of the World Trade Organization (WTO) in 1994. It sets out rules and regulations governing the protection and enforcement of intellectual property rights (IPRs) in international trade.
One of the most important provisions of the TRIPS Agreement is Article 22. This article deals with the protection of geographical indications (GIs) for products such as wine, cheese, and other food items. A geographical indication is defined as a sign or symbol used to identify a product as originating from a particular geographical location and possessing certain qualities or characteristics that are linked to that location.
Article 22 of the TRIPS Agreement requires WTO members to provide legal protection to GIs that meet certain criteria. In particular, members must prevent the use of any GI that misleads consumers as to the true origin of the product. They must also prohibit the use of GIs that are likely to create confusion with other GIs already in use, or that are considered generic terms in the relevant market.
To qualify for protection under Article 22, a GI must be identified as such by the member state where the product originates. The WTO provides a mechanism for the registration of GIs with an international registry, known as the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. However, registration with this international body is not mandatory, and member states are free to establish their own systems for protecting GIs.
The protection of GIs is an important issue in international trade, as it helps to safeguard the reputations of products associated with certain regions. It also helps to maintain the cultural diversity and heritage associated with traditional products, and supports the livelihoods of local communities that depend on the production of these goods.
In conclusion, Article 22 of the TRIPS Agreement is a key provision that ensures the protection of geographical indications for products traded across borders. Its provisions help to maintain the authenticity and reputation of traditional products from specific regions while supporting local communities. As such, it is an important aspect of global trade regulation that copy editors should be familiar with.