Review article
Basic Features and Scope of Protection of Geographical Indications and Trademarks
Ana Rački Marinković
orcid.org/0000-0001-5137-7527
; State Intellectual Property Office, Zagreb, Croatia
Abstract
In this paper, geographical indications and designations of origin as special industrial property rights established in the European Union are compared with trademarks. Similarities and differences in relation to territoriality, duration of protection and the level of inventiveness required for their protection are presented. Further, differences in respect of authorized use of these rights and their function are outlined. The relationship between geographical indications as special industrial property rights in the European Union and trademarks in terms of genericness is investigated, with a comparative look at the legal requirements for registration and registration procedures. Finally, the different scopes of protection are explained. The discussion on differences in the basic features is associated with different approaches and means of protection of geographical indications in different countries. This way the essence of the conflict on the international level between the countries that protect geographical indications solely within their trademark laws and those who advocate their enhanced protection as special industrial property rights is examined.
Keywords
trademark; geographical indication; indication of origin; designation of origin; collective mark; certification mark; international GI register
Hrčak ID:
149413
URI
Publication date:
20.11.2015.
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