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
Related Articles
- EP ID EP477644
- DOI -
- Views 87
- Downloads 0
THE ROLE AND VALUE OF WORK WITH STAFF, IN CONDITIONS OF REFORM OF THE BODIES OF THE NATIONAL POLICE OF UKRAINE
The article deals with the peculiarities of work with personnel during the period of the reformation and formation of the National Police of Ukraine, the role of personnel work in achieving the effectiveness of the refor...
INFORMATION AS A WAY TO FIGHT CORRUPTION
The article was investigated the role of this method of fighting corruption in Ukraine as information. The problem outlined and use of information for preventing corruption in public relations, proposed changes to existi...
MORALITY AS SOCIAL REGULATOR OF FAMILY RELATIONS
The article provides an analysis of peculiarities of morality influence on family relations, ascertains correlations of morality and law as social regulators of family relations. It is noted that morality unites such val...
STAGES OF REFORMING THE CROATIAN JUDICIAL SYSTEM
The article analyzes the history of the development and formation of the modern structure of the judicial system of Croatia, the aspects determining the types of specialization of the courts of the country, the order of...
SPECIAL ASPECTS OF USING PRO FORMA OF CHARTER PARTIES IN THE PROCESS OF THE CHARTERING THE VESSEL
The author stipulates that charter party is the contract between the owner of a vessel and the charterer for the use of a vessel. The example shows three charter parties, namely the voyage charter, time charter, bareboat...