| ID | 094998 |
| Title Proper | Law and economics of geographical indications |
| Other Title Information | introduction to special issue of the journal of world intellectual property |
| Language | ENG |
| Author | Rangnekar, Dwijen |
| Publication | 2010. |
| Summary / Abstract (Note) | After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection. |
| `In' analytical Note | Journal of World Intellectual Property Vol. 13, No. 1; Jan 2010: p.81-93 |
| Journal Source | Journal of World Intellectual Property Vol. 13, No. 1; Jan 2010: p.81-93 |
| Key Words | Geographical Indications ; Culture ; Unfair Competition ; Misappropriation |