An Outlook of the European Union’s Strategy Regarding Geographical Indications
摘要
The EU needs to define a strategy for gaining recognition for its geographical indications abroad. The EU has adopted a sui generis approach to geographical indications, while the “New World” has adopted a trademark framework. This duality of approaches leads to multilateral or plurilateral treaties that are unsatisfactory for the objectives of the European Union. This is why the only legal vehicle enabling it to have its products recognised satisfactorily is regional trade agreements. To secure protection for as many products as possible in as many countries as possible, the EU adopts a pragmatic approach whereby it chooses its trading partners. Some partners are chosen because the EU has room for manoeuvre to negotiate with these States, while other agreements are concluded, serving as a showcase for other States more reluctant to protect European geographical indications, to attract and convince them. The study of recent regional trade agreements shows that the EU remains uncompromising in its desire to protect its appellations, but that it remains flexible as regards the methods of protection and the choice of protected products. The result is eminently positive for the EU since the interconnection of trade allows these European products to be indirectly imposed on other states. Together, these agreements and protected products form a “geographical indications spider’s web”.