Choosing the lesser of two evils: reevaluating absolute protection of geographical indications

Choosing the lesser of two evils: reevaluating absolute protection of geographical indications

Journal article

1 online resource (pp. 149–175)

2045-9807 (Print)
2045-9815 (Online)

This study delves into the complicated challenge of defining the optimal level of protection for geographical indications (GIs). It explores the choice between absolute protection and confusion-based protection, further dissecting the nuances between two methodologies for instituting absolute protection: the ‘Origin-Only’ and the ‘Origin+Quality’ criteria. By evaluating the administrative and error-related costs associated with these approaches, the article critically assesses the rationale for adopting either model, using France as a case study. Drawing from the philosophical principle of ‘choosing the lesser of two evils’, this article advocates for a strategy that acknowledges the inevitability of costs while opting for the protection approach with a minimal cost burden. The conclusion suggests that absolute protection, specifically the ‘Origin+Quality’ criterion, may offer a more efficient solution in minimizing overall costs, thus rendering it a preferable option for countries. Additionally, the article highlights the necessity for considering infringement exemption measures when instituting absolute protection or the ‘Origin+Quality’ test, to alleviate the associated error costs.

Queen Mary Journal of Intellectual Property ; Volume 15, Issue 2

[Northampton, England] : Edward Elgar Publishing Ltd., 2025.

English

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External Online Journals > Queen Mary Journal of Intellectual Property