Trips Agreement Article 12
The TRIPS Agreement, or the Agreement on Trade-Related Aspects of Intellectual Property Rights, is a multilateral agreement that was adopted by members of the World Trade Organization (WTO) in 1994. It sets out the minimum standards for the protection and enforcement of intellectual property rights (IPRs) in international trade.
One of the key provisions of the TRIPS Agreement is Article 12, which pertains to the protection of geographical indications (GIs). GIs are signs used in trade to identify products that originate from a particular geographical location and have qualities, reputation, or other characteristics attributable to that location.
Under Article 12 of the TRIPS Agreement, WTO member countries are required to provide legal protection to GIs, in order to prevent the use of misleading or unfair trade practices. This means that countries must have legal mechanisms in place to prevent the use of GIs for products that do not originate from the specific geographical location, or for products that do not meet the specific standards associated with that location.
Furthermore, Article 12 also requires countries to establish a system for recognizing and registering GIs. This system should include procedures for the examination and registration of GIs and should be accessible to all interested parties.
The TRIPS Agreement recognizes two types of GIs: those for wines and spirits, and those for other products. For wines and spirits, the Agreement requires countries to provide additional protection beyond that offered to other GIs. This protection includes providing a system for the protection of geographical indications that have become generic, such as “champagne” or “burgundy.”
Article 12 of the TRIPS Agreement has been a significant development in the protection of intellectual property rights. By recognizing the importance of GIs in trade, the Agreement has helped to create a level playing field for producers in different regions of the world. It has also helped to prevent the use of misleading or fraudulent trade practices, which can be harmful to consumers and to the economic interests of legitimate producers.
