International Intellectual Property, Geographical Indications - Essay Example

Whereas famous GI products emanate from the agriculture sector, other GI products that are nonagricultural allover the world are protected using legal instruments that are direct. GI is very important and it can be successfully used for marketing agricultural products and other products in the world. There are already laws which are in place for the protection of the uniqueness of the GIs. This paper bases its discussion on the Aboriginal or indigenous people in Australia and their marketing of artworks.

Background information of Geographical indications (GIs)In the World Trade Organization emanates on trade-related aspects of intellectual property non-agricultural all over members possess a responsibility to protect and recognize GIs as intellectual property rights. This can be carried out in many ways, and various countries have their framework legally for the enforcement of these rights. Various governments in the world have come up with legal instruments which are used for the protection of the GIs despite the differences that exist among them.

Tools works protection of GI vary from general national laws concerning business practices which are designed to bar unfair competition or protection of consumers, to particular regulations for GIs registration. The two main approaches which can be identified in the protection of GIs include the private law approach and the public law approach. In the public law approach, the public authorities came up with legislation that is dedicated to the particular protection of the GIs. This comprises of official recognition of the GIs via giving of the status of quality of the pubic seal, usually by using a common logo that is official; in the case where governments can offer protection by using GI ex officio.

In the private approach, laws are used to offer protection against unfair competition, trademark laws, and unfair competition, where the protection is firstly based on actions that are primarily private. GIs can take the form of distinctive shapes. Over time, the European Union has come up with a legal framework that is comprehensive for the protection of legaroperty rights. The Sui generis system has been n set up by the Europthe e Union for the protection of GIs in some 27 member states. This protection is limited to agricultural products, foodstuffs, spirits, and wines.

GIs protection is integrated into the European Union agricultural policy and trademarked a range ge of products from the EU members and other third nations. Tprimarily private actions raced to the 1970s for the wines section, 1992 for foodstuffs and agricultural products, and 1989 for spirits. Producers have to depend on community trademarks, which permit geographical name protection under specified conditions. CTM is also used in agricultural products.