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How can better protection for geographical  indications be achieved?

How can better protection for geographical indications be achieved?

The better protection for GI can be achieved through the extension of protection to products under Article 23 of TRIPS- which currently benefits only wines and spirits. The extension of protection will be granted to the products other than wine and spirit, producers would be able to more easily defend their rights. They would no longer have to prove that the public has been misled of their geographical indications.

Establishment of a multilateral registry

At the same time, the establishment of a multilateral registry for GIs would constitute a powerful complementary tool for concretely defending this intellectual property right.

A registry at the international level would require a list of GIs to be officially recognized by all of the economic players in all countries of the world. Registration of a name in the registry would also make it possible to reverse the burden of proof. In the current situation, it is the producer who is the victim of usurpation who must demonstrate that he is the true owner of the GI. In the future, from the moment a GI is registered in the registry, it will be the producer accused of usurpation who will have to demonstrate his innocence.

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