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JIPR Vol.14 [2009] >
JIPR Vol.14(5) [September 2009] >
| Title: | The TRIPS Article 23 Extension Stalemate Continues: A Way-Ahead for the Developing Countries |
| Authors: | Rai, Rajnish Kumar |
| Keywords: | GI
TRIPS Agreement
free riding
GI-extension |
| Issue Date: | Sep-2009 |
| Publisher: | CSIR |
| Abstract: | The GI-extension debate has brought conspicuous public attention on the
unusual characteristic of the TRIPS Agreement. Unlike other classes of
intellectual property, the TRIPS Agreement provides a pecking order in the
levels of protection for a single definition of subject matter. While most of
the Members admit that the pecking order in the levels of protection has
neither logical nor legal basis, they continue to vehemently defend their
positions on GI-extension. Though the debate over extension of Article 23
started out largely as a North-North issue, the current debate is an
interesting amalgamation of North-North conflict and North-South split. This
paper examines the provisions of TRIPS Agreement regarding GIs and utilizes the
submissions made to the TRIPS Councils to critically analyse the issue of
Article 23 extension in the background of North-South face-off. This article
also evaluates the possibility of higher protection in addressing distinctive
circumstances confronted by the developing countries. This paper concludes that
in view of the diverging interests among Members, the current TRIPS Agreement
provisions regarding protection of GIs should be maintained as the minimum
standard to achieve an acceptable agreement, and the question of GI-extension
should be decided after examining the issue on two counts - the allowances that
would required to be conceded elsewhere in exchange for agreement on
GI-extension, and the liabilities linked with protecting GIs of other Members |
| Page(s): | 405-422 |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.14(5) [September 2009]
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