Abstract

     As a result of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), geographical indications of origin (GIs) are for the first time afforded international protection as a separate branch of intellectual property, and have simultaneously become one of the most hotly contested areas within the World Trade Organization (WTO). Currently, inequalities exist amongst products, as the protection for wines and spirits is greater than that provided for all other products. Adding to the inequality, it is up to the individual WTO members to enact laws that enforce the TRIPS standards, which has resulted in inconsistent levels of protection from one country to another. In fact, the WTO is split between the European Union (EU) and the “Old World” in favor of greater protection for GIs, on one side, and the United States (U.S.) and the “New World” opposed to greater protection, on the other side.
     This article analyzes the GI debate that has ensued and examines whether GI protection, and particularly the extension thereof, is desirable from the perspectives of the U.S. and the EU. The article thereby specifically excludes the GI question with regard to developing countries. Section II defines GIs and explains why they need protection. Section III reviews the current state of the law, both international and national, focusing on the different approaches taken by Europe and the U.S. Section IV discusses the debate by exploring the various arguments presented by the respective sides. Finally, Section V finds that although GIs need protection, the current level of protection should not be extended.