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An Analysis on Right Boundary of Geographical Indications Zhang Keyi1
Advances in Social Science, Education and Humanities Research, volume 451 Proceedings of the 2020 5th International Conference on Humanities Science and Society Development (ICHSSD 2020) An Analysis on Right Boundary of Geographical Indications Zhang Keyi1 1 School of Economic Law, Northwest University of Political Science and Law, Xi'an, Shaanxi, 710122, China ABSTRACT Defining the boundary of the right of geographical indications is an important prerequisite for protecting geographical indication. The right of geographical indications cannot be separated from natural and human factors. The attributes of public property and non-exclusivity determine the validity scope of the right of geographical indications. Descriptive fair use is a special exception to the protection of the geographical indication. The conflict and coordination with the trademark right determine the rank relation between the geographical indication right and the external right system. The above three categories jointly define the boundary of the right of geographical indications. Keywords: geographical indication; public property; right boundary; trademark elements of the right of geographical indication cannot be separated from the natural and human factors. 1. PREFACE From the perspective of real life, it is not difficult to understand these two elements. The reason why Jinhua Geographical indications are a new type and a special part ham can be a national geographic indication of China's of intellectual property protection system. It is not only a products is that firstly, Jinhua has short spring, short sign of quality and credibility, but also the embodiment of autumn, and hot natural conditions in summer; secondly, the rights and interests of international trade and economic the people of Jinhua master the local special curing cooperation. -
Quibbling Siblings: Conflicts Between Trademarks and Geographical Indications
University of Arkansas ∙ System Division of Agriculture [email protected] ∙ (479) 575-7646 An Agricultural Law Research Article Quibbling Siblings: Conflicts between Trademarks and Geographical Indications by Dev Gangjee Originally published in CHICAGO-KENT LAW REVIEW 82 CHI.-KENT L. REV. 1253 (2007) www.NationalAgLawCenter.org QUIBBLING SIBLINGS: CONFLICTS BETWEEN TRADEMARKS AND GEOGRAPHICAL INDICAnONS DEY GANGJEE* INTRODUCTION The relationship between trademarks and geographical indications ("GIs") has historically been tempestuous. Each of these quibbling siblings, members of the broader family of unfair competition law, entitles regis trants to the exclusive use of a sign. So what happens when a GI collective and a trademark proprietor lay claim to the same sign within a single juris diction? In the spirit of this conference-accommodating and reconciling differences between national laws-this paper explores a newly emerging space, which just may be big enough for the both of them. The analysis is prompted by a recent World Trade Organization ("WTO") Panel Reportl which identifies the legal foundations for cohabitation. The Report coin cides with doctrinal developments at the national and regional level which initially identified this zone of compromise: the geographical "descriptive use" defense in trademark law. Coexistence is significant as it alters the dynamic of a venerable conflict between trademark and GI regimes, which has been locked in the language of trumps for several decades. Accord ingly, this paper introduces the players and describes the game of one upmanship prior to this development in Part I; outlines the WTO decision in Part II; and then draws parallels with doctrinal developments in the EU and U.S. -
Geographical Indications and Property Rights: Protecting Value-Added Agricultural Products
Geographical Indications and Property Rights: Protecting Value-Added Agricultural Products Bruce A. Babcock and Roxanne Clemens MATRIC Briefing Paper 04-MBP 7 May 2004 Midwest Agribusiness Trade Research and Information Center Iowa State University Ames, Iowa 50011-1070 www.matric.iastate.edu Bruce Babcock is director of the Center for Agricultural and Rural Development, executive direc- tor of the Midwest Agribusiness Trade Research and Information Center (MATRIC), and professor of economics, Iowa State University. Roxanne Clemens is managing director of MATRIC. For questions or comments about the contents of this paper, please contact Roxanne Clemens, 568F Heady Hall, Iowa State University, Ames, IA 50011-1070; Ph: 515-294-8842; Fax: 515-294- 6336; E-mail: [email protected]. MATRIC is supported by the Cooperative State Research, Education, and Extension Service, U.S. Department of Agriculture, under Agreement No. 92-34285-7175. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the authors and do not necessarily reflect the view of the U.S. Department of Agriculture. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice and TDD). -
Act, 1999 ______Arrangement of Sections ______Chapter I Preliminary Sections 1
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 ______________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions and interpretation. CHAPTER II THE REGISTER AND CONDITIONS FOR REGISTRATION 3. Registrar of Geographical Indications. 4. Power of Registrar to withdraw or transfer cases, etc. 5. Geographical Indications Registry and offices thereof. 6. Register of Geographical Indications. 7. Part A and Part B of the register. 8. Registration to be in respect of particular goods and area. 9. Prohibition of registration of certain geographical indications. 10. Registration of homonymous geographical indications. CHAPTER III PROCEDURE FOR AND DURATION OF REGISTRATION 11. Application for registration. 12. Withdrawal of acceptance. 13. Advertisement of application. 14. Opposition to registration. 15. Correction and amendment. 16. Registration. 17. Application for registration as authorised user. 18. Duration, renewal, removal and restoration of registration. 19. Effect of removal from register for failure to pay fee for renewal. CHAPTER IV EFFECT OF REGISTRATION 20. No action for infringement of unregistered geographical indication. 21. Rights conferred by registration. 22. Infringement or registered geographical indications. 23. Registration to be prima facie evidence of validity. 24. Prohibition of assignment or transmission, etc. 1 CHAPTER V SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS SECTIONS 25. Prohibition of registration of geographical indication as trade mark. 26. Protection to certain trade marks. CHAPTER VI RECTIFICATION AND CORRECTION OF THE REGISTER 27. Power to cancel or vary registration and to rectify the register. 28. Correction of register. 29. Alteration of registered geographical indications. 30. Adaptation of entries in register to amend or substitute classification of goods. -
Patent Cooperation Treaty and Regulations Under the PCT
Appendix T Patent Cooperation Treaty and Regulations Under the PCT Article 24 Possible Loss of Effect in Designated States Done at Washington on June 19, 1970, amended Article 25 Review by Designated Of®ces on September 28, 1979, modi®ed on February 3, Article 26 Opportunity to Correct Before 1984, and October 3, 2001 (as in force from April Designated Of®ces 1, 2002) Article 27 National Requirements Article 28 Amendment of the Claims, the TABLE OF CONTENTS 1 Description, and the Drawings, Before Designated Of®ces Article 29 Effects of the International Publication : Introductory Provisions Article 30 Con®dential Nature of the International Article 1 Establishment of a Union Application Article 2 De®nitions CHAPTER II: International Preliminary CHAPTER I: International Application and Examination International Search Article 31 Demand for International Preliminary Article 3 The International Application Examination Article 4 The Request Article 32 The International Preliminary Article 5 The Description Examining Authority Article 6 The Claims Article 33 The International Preliminary Article 7 The Drawings Examination Article 8 Claiming Priority Article 34 Procedure Before the International Article 9 The Applicant Preliminary Examining Authority Article 10 The Receiving Of®ce Article 35 The International Preliminary Article 11 Filing Date and Effects of the Examination Report International Application Article 36 Transmittal, Translation, and Article 12 Transmittal of the International Communication, of the International Application to the -
Patents I Designs I Trademarks Geographical Indications
Patents I Designs I Trademarks Geographical Indications CONTENTS A. About the Initiative Cluster Selected for 2013 Methodology B. Objectives C. Place & Venue D. Annexures ANNEXURE I ----- Detailed Programme ANNEXURE II ----- Speaker(s) Profile ANNEXURE III ----- List of Registered Participants ANNEXURE IV ----- Feedback ANNEXURE V ----- Glimpse of Events ANNEXURE VI ----- About Organisers Cluster level IP Awareness program An initiative of the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) in association with Industry Associations (CII, FICCI, ASSOCHAM) A. About the Initiative Background: In the globally competitive environment, intellectual property has placed itself on a pedestal in the context of economic growth and has become more important than ever. Intellectual Property is the fuel that powers the engine of prosperity, fostering invention and innovation. Being an intangible asset, Intellectual Property plays a very important role in the socio- economic ecosystem and their creation and protection is essential for the sustained growth of a nation. Increasing significance of intangible assets in the global economy is forcing business organizations to actively manage the role of IP as a key driver for building and sustaining their competitive advantage and achieving superior performance. Intellectual Property Rights (IPRs) are exclusive rights over such intellectual property granted to creators / holders which protect their rights from misappropriation by third parties without their authorization. They are now not only being used as a tool to protect creativity and generate revenue but also to build strategic alliances for socio-economic and technological growth. Accordingly, in order to foster the protection of innovations and creativity, the Intellectual Property Office under the Ministry of Commerce and Industry is dedicated to mobilize the use of such technological advancement for the economic development of the country. -
Geographical Indicators, Rent Seeking and Development
Volume 7 Number 1 2006/p.1-14 esteyjournal.com The Estey Centre Journal of International Law and Trade Policy Enjoying a Good Port with a Clear Conscience: Geographic Indicators, Rent Seeking and Development William A. Kerr Senior Associate, Estey Centre for Law and Economics in International Trade The European Union is attempting to have the protection of geographic indicators strengthened in the WTO. There may be sufficient rents and other benefits available to justify this strategy in the negotiations. To achieve its rent-seeking goals, however, the European Union needs allies at the negotiations. It has been courting developing countries by touting the benefits of geographic indicators for their products. For most products originating in developing countries, the opportunities for rents will first have to be created, a resource-intensive and problematic activity. Further, even if rents can be created in the short run, the forces of competition are likely to erode them. Scarce resources might be better utilized on other development strategies that are more likely to yield sustainable development. Keywords: developing countries, geographic indicators, incentives, rent seeking, sustainable development, WTO Editorial Office: 410 22nd St. E., Suite 820, Saskatoon, SK, Canada, S7K 5T6. Phone (306) 244-4800; Fax (306) 244-7839; email: [email protected] 1 W.A. Kerr Using Cabernet Sauvignon grapes grown in the soils of Napa Valley vineyards, Winemaker Ed Shragia has created a vintage port of exceptional depth and concentration. Wood aging in oak barrels for eighteen months gives the wine a smooth, velvety texture. Label on 1999 Napa Valley Port, of Cabernet Sauvignon by Berringer Vineyards, St. -
INIS-1(Rev.2) INIS: DESCRIPTIVE CATALOGUING RULES
lAEA-INIS-1(Rev.2) INIS: DESCRIPTIVE CATALOGUING RULES V f\ **t> I$P 5 <l t> V A K x t. 1 I \ • * - \ \ , > t ' V, S T W \ < 1 \V\ • r / j-i \ hit'.; iV x -"J asel'al f N- »> t V, * j "4 i siissis®^ I- ; '•VV J f* Si Itliil^ " MSX? » r« .••-V'7'' 'i fj. fSlPfi SfMagp y f * » v >> r ^ 1 jy. -xa INTERNATIONAL ATOMIC ENERGY AGENCY. VIENNA. JUNE 1972 Reports in the INIS Reference Series available in June 1972: IAEA-INIS-l(Rev.2 INIS: Descriptive Cataloguing Rules IAEA-INIS-2(Rev.2 INIS: Descriptive Cataloguing Samples IAEA-INIS-2(Rev.2 INIS: Subject Categories and Scope Descriptions IAEA-INIS-4(Rev.l INIS: Instructions for Submitting Abstracts IAEA-INIS-5(Rev.2 INIS: Terminology and Codes for Countries and International Organizations IAEA-INIS-6(Rev.4 INIS: Authority List for Corporate Entries IAEA-INIS-7(Rev.l INIS: Magnetic and Punched Paper Tape Codes and Character Sets IAEA-INIS-8(Rev.l INIS: Paper Tape Specifications and Record Format IAEA-INIS-9(Rev.l INIS: Magnetic Tape Specifications and Record Format IAEA-INIS-10 (Rev.1) INIS: Transliteration Rules for Selected Non-Roman Characters IAEA-INIS-11(Rev.l) INIS? Authority List for Journal Titles IAEA-INIS-12(Rev.1) INIS: Manual for Indexing IAEA-INIS-13(Rev.l) INIS: Thesaurus IAEA-INIS-U(Rev.O) INIS: Description of Computer Programs Stocks of the following forms may be ordered by centres participating in INIS: INIS Form l(RevO) (INIS Worksheet) INIS Form 2(Rev.l) (INIS Abstract) Organizations participating in the INIS network may obtain forms and reasonable quantities of reports in the INIS Reference Series on application to: INIS Section International Atomic Energy Agency P.O. -
Geographical Indications: Indian Scenario
Geographical Indications: Indian Scenario Dr (Smt) Mangala Hirwade Dr. Anil W. Hirwade Librarian Patent Information System Shivaji Science College Seminary Hills, Nagpur-6 Congress Nagar, Nagpur-12 [email protected] [email protected] (M) 9373217966 Abstract: Every region has its name and fame. Qualities and characteristics of certain goods attributable to some geographical locations and reputable to “as produce of certain region” come under Geographical Indications. Geographical Indications is an emerging trend in Intellectual Property. The present paper takes an overview of the current scenario of Geographical Indications in India. It also provides a list of Geographical Indications in India registered till 31 st January 2006. 1. INTRODUCTION Intellectual property is the creation of human mind, human intellect and hence called “Intellectual property”. The intellectual property is created by incorporating information intangible objects capable of multiplying in an unlimited number of times at different locations any where in world. The property is basically in the concept, idea thought and thereafter in the actual product work or process etc. Intellectual property is usually divided into two branches • Patents, Designs, Trade Marks and Geographical Indications which is also termed as “Industrial Property” and • Copyright and Neighboring Rights 1 Figure No. 1: Intellectual Property and its facets INTELLECTUAL PROPERTY Industrial Property Copyright & Neighboring Rights • Inventions (Patent) • Writings • Trademark (Goods and Services) • Musical works • Industrial Designs • Dramatic works • Geographical Indications • Audiovisual works • Paintings and drawings • Sculptures • Photographic works • Architectural works • Sound recordings • Performance of musicians, actors & singers • Broadcasts 2. GEOGRAPHICAL INDICATIONS Every region has its claim to fame. Christopher Columbus sailed from Europe to chart out a new route to capture the wealth of rich Indian spices. -
2013 Annual Report
2013 ANNUAL REPORT KTG AGRAR SE GROUP FIGURes of KTG Agrar SE (HGB) in EUR million 31.12.2013 31.12.2012 Absolute Relative change change in per cent A. PROFIT SITUATION Sales 164.9 110.2 54.7 49.6 Organic farming 14.2 10.1 + 4.1 + 40.2 Conventional farming 34.3 34.9 – 0.6 – 1.7 Energy production / Biogas* 50.1 32.0 + 18.1 + 56.6 Complementary agricultural activities 7.8 12.6 – 4.8 – 38.1 Food 55.8 17.3 + 38.5 + 222.5 Animal production 2.7 3.3 – 0.6 – 18.2 Total output 205.3 168.2 + 37.1 + 22.1 EBITDA 34.6 37.0 – 2.4 – 6.5 EBIT 23.9 29.5 – 5.6 – 18.9 Result from ordinary activities 5.8 17.1 – 11.3 – 66.1 Result for the period – 0.7 8.4 – 9.1 – B. Assets SITUatION Total assets 581.6 448.3 + 133.3 + 29.7 Shareholders‘ equity 88.5 85.8 + 3.0 + 3.1 Equity ratio (in per cent) 15.2 19.1 – – Non-current assets 257.3 197.3 + 60.0 + 30.4 Current assets 320.6 247.8 + 72.8 + 29.4 Liabilities 482.8 355.9 + 126.9 + 35.7 * Figures for 2013 only cover period from 1 January to 31 October due to change of KTG Energie AG’s financial year. The accounting methods applied may result in rounding differences of + / – one unit (EUR, per cent). SALES BY SEGMENTS as at 31 December 2013 compared to 31 December 2012 + 6 % + 57 %* + 223 % FARMING ENERGY FOOD COntents 1 Our business segments 3 Letter from the management 01 02 THE COMPany BRanCH PORTRAITS 8 Economies of scale 22 Oranienburg 10 Highlights in 2013 26 The KTG Academy 14 Report from the Supervisory Board 30 Nonnendorf 17 Investor relations 34 Linthe 38 Wittibreut/Ulbering 03 04 GROUP Management REPORT COnsOLIdated -
Questions on Notice Berthing and Mooring Fees Senior
QUESTIONS ON NOTICE Tuesday, 5 May 1992 ASSEMBLY 2189 Tuesday, 5 May 1992 QUESTIONS ON NOTICE The following answers to questions on notice were circulated: BERTHING AND MOORING FEES Question No. 1295 Mr DICKINSON asked the Minister for Transport: In respect of the recent review of public berthing and mooring fees for small pleasure craft and fishing vessels, whether the government will implement a full enquiry into all aspects of boating with reference to fees, taxes and government policies, including an evaluation of the State's boating and related resources to determine how they could best be utilised to benefit the public and tourism? Mr SPYKER (Minister for Transport) - The answer is: The State Boating Council, an advisory panel comprising representatives of organisations and government departments associated with recreational boating, was established to provide advice to the Minister for Transport on recreational boating matters. In 1986-87 the State Boating Council undertook a review of fees applicable to recreational vessels charged under the provisions of the Marine Act. An extensive public consultation program was undertaken at the time, including regional public meetings and advertisements for written submissions. A revised fee structure for the registration of recreational vessels was introduced on 1 October 1991. A further review of fees charged under the Marine Act 1988 is not considered necessary. The State Boating Council provides advice on the expenditure of funds allocated for recreational boating activities including the improvement of facilities. The management of berths and moorings is the responsibility of the Minister responsible for Ports. SENIOR SALARIES - MANUFACTURING AND INDUSTRY DEVELOPMENT Question No. -
Marga Faulstich Marga Faulstich – Eyeglass Lenses
Deutscher Club of Clark Inc. 787 FEATHERBED LANE • CLARK, NEW JERSEY 07066 RK, N LA .J. C 732-574-8600 • FAX: 732-382-4177 • EMAIL: [email protected] WEB: deutscherclub.us VEREINSNACHRICHTEN / CLUB NEWS – NOVEMBER / NOVEMBER 2020 PRESIDENT’S MESSAGE ear Members, What an amazing October! It was a iebe Mitglieder, Was für ein toller Oktober! Es war ein ans- busy month started off by our annual Oktoberfest. trengender Monat, der mit unserem jährlichen Oktoberfest DDespite all the COVID restrictions and precautions Lbegann. Trotz aller Einschränkungen und Vorsichtsmaßnahmen in place, the two-day event was very successful and well von COVID war die zweitägige Veranstaltung sehr erfolgreich und attended. Thanks to all our members who volunteered gut besucht. Vielen Dank an alle unsere Mitglieder, die sich am Wo- over the weekend and throughout the year! The following chenende und das ganze Jahr über freiwillig gemeldet haben! Am weekend we celebrated Joe Horling Sr.’s 100th Birth- folgenden Wochenende feierten wir den 100. Geburtstag von Joe day. What a wonderful turnout by our members to help cel- Horling Sr. Was für eine wunderbare Beteiligung unserer Mitglieder, ebrate Joe’s special milestone. He was very appreciative of um Joes besonderen Meilenstein zu feiern. Er war sehr dankbar für all your well wishes. Speaking of a well-attended event, I all Ihre guten Wünsche. Wenn ich von einer gut besuchten Veran- must mention our 85th Anniversary celebration which was staltung spreche, muss ich unsere Feier zum 85-jährigen Jubiläum held at the club on a beautiful Sunday afternoon. Thank you erwähnen, die an einem schönen Sonntagnachmittag im Club stat- to all who took part in planning and executing a wonderful tfand.