PROTECTION OF THE GEOGRAPHICAL INDICATIONS UNDER UKRAINIAN AND US LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The scientific article examines the concept of the legal category “geographical indication”. It is analyzed that «geographical indications» (“GIs”) are defined at Article 22(1) of the World Trade Organization’s (WTO) 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin”. Examples of geographical indications from the United States include: “FLORIDA” for oranges; “IDAHO” for potatoes; and “WASHINGTON STATE” for apples. Examples of geographical indications from Ukraine include: “MORSHYNSKA” for mineral water, “LVIVSKA” for vodka, “KYIVSKIY” for pies. It is analyzed that the understanding of this notion in the scientific doctrine, Ukrainian, international and US legislation. It is studied how US trademark system works according to its long history. It is outlined the characteristic features of this concept as well as common and distinctive features with the notion of trademark. It is studied the motivation of use of geographical indication on the territory of Ukraine and abroad. Also the scientific article examines the new Ukrainian legislatislation which now is discussed. If this legislation will be adopted by the Verkhovna Rada of Ukraine, it will be an important step for the Ukraine to bring our legislation in line with the requirements of the Association Agreement between Ukraine and the European Union and other World’s legislation.
Authors and Affiliations
О. С. Гирич
Keywords
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