Regulatory models for enhancing collaboration in the settling of GI specifications

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’) does not mandate any specific regulatory design for sui generis geographical indication (‘GI’) systems. This has resulted in a wide variety of national models. In part, this disparity reflects differences in domestic policy priorities. Empirical studies on GI products increasingly demonstrate a correlation between the prescribed method for settling GI specifications during the application phase and how successfully particular GIs achieve recognised policy goals. This implies that the rules that prescribe the method for settling GI specifications may be crucially important. This thesis examines this in depth, with a particular focus on mandated levels of collaboration prior to GI declaration.

The procedures for settling specifications in the GI systems operating in France, Japan and Australia are contrasting and reflect very different agricultural landscapes and policy settings. However, strengthening the connection between agriculture and the preservation of regional socio-economic infrastructure emerges as a common concern. As a universal policy priority for all GI systems, it compels the deliberate inclusion of collaboration requirements in the GI application phase, as collaboration promotes regional socio-economic development. Key regulatory features that promote such collaboration in the procedure for settling specifications are drawn from a comparison undertaken between the three jurisdictions, and their inclusion in the regulatory scheme for all sui generis GI systems is recommended.

Date of Award	21 Feb 2025
Original language	English
Supervisor	William Van Caenegem (Supervisor) & Dan Svantesson (Supervisor)