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Gervais on the Wine Designations, the Lisbon Agreement, & Trips

By Lawrence Solum

Daniel J. Gervais (Vanderbilt Law School) has posted The Lisbon Agreement's Misunderstood Potential (The WIPO Journal, Vol. 1, p. 87, 2009) on SSRN. Here is the abstract:

This article focuses on the similarities and differences between the proposed TRIPS register of geographical indications for wines (and now spirits) and its relationship with the 1958 Lisbon Agreement on the Protection and Registration of Appellations or Origin. I examine the definitional differences between the two instruments top determine their commensurability. My suggestion is that the Lisbon register should be considered as a possible basis to establish the TRIPS register, with or without an extension to products other than wines and spirits. The differences between the two and deficiencies could be handled appropriately by adopting a protocol to the Lisbon Agreement.

Full post as published by Legal Theory Blog on July 09, 2010 (boomark / email).