Title: An overview on practices related to geographical indication protection in the USA and Europe

Authors: Mohammed Abdul Fasi

Addresses: Innovation and Technology Transfer Office, King Fahd University of Petroleum and Minerals, Dhahran, Saudi Arabia

Abstract: Geographical indications (GIs) recognise the uniqueness and culture of items, notably food and drinks originating in certain geographical locations. The GI mark protects registered items against counterfeiting and consumers from being misled about the geographical origin of goods, and it is essential to the rural economy and ecology. This article offers an outline on GI protection practices and procedural legislation pertaining to its regulation in the USA and the European Union. The article will highlight the qualifying requirements for geographical name registration in both the jurisdictions as well as show specific case examples relating to the enforcement regulations in both the authorities. The article examines how GIs are enforced, especially how the EU and the US conflicting regulatory systems function. Based on the comparison of legislation and regulations in both jurisdictions, the study shows that GIs are significantly more protected in the EU than in other countries.

Keywords: geographical indications; GI registration; protection of GIs; examination of GIs; GI regulations; intellectual property; USA; Europe; trademarks; certification marks.

DOI: 10.1504/IJIPM.2024.137205

International Journal of Intellectual Property Management, 2024 Vol.14 No.2, pp.142 - 159

Received: 26 Jun 2022
Accepted: 30 Aug 2022
Published online: 05 Mar 2024 *

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