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18 - (Re)Locating Geographical Indications: a response to Bronwyn Parry

Published online by Cambridge University Press:  13 April 2010

Dev Gangjee
Affiliation:
Research Associate of the Oxford Intellectual Property Research Centre
Lionel Bently
Affiliation:
University of Cambridge
Jennifer Davis
Affiliation:
University of Cambridge
Jane C. Ginsburg
Affiliation:
Columbia University, New York
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Summary

Introduction

A particular vision of geographical place has shaped much of the discourse and international legal architecture for the protection of Geographical Indications (GIs). Dr Bronwyn Parry incisively demonstrates that this view is dangerously myopic as it makes several unsustainable assumptions. If the function of GIs is to guarantee the quality and authenticity of regional products such as Champagne, these desirable features rest on static, deterministic notions of place. Contemporary scholarship reveals place to be far more porous and dynamic, thereby throwing into doubt the very ontological foundations of GI protection. While acknowledging the value of this appraisal, this response frames it within historical legal and institutional responses, thereby drawing limits around its conclusions. The critique is potent but does not necessarily signal the end of GIs. Instead, it helps to reposition the justification for this regime, placing it on a more durable foundation.

Through a formal challenge to the central premise of GI protection – that place can act as a guarantor for quality and authenticity – Dr Parry is asking whether GIs are ‘fit for purpose’. Through the lens of a richer account of place, she interrogates this premise by asking: (i) what is the work GIs are being asked to do?; (ii) how they do this work; and (iii) whether more suitable alternatives exist. As a response to this, this response begins by both expanding the critique and qualifying it.

Type
Chapter
Information
Trade Marks and Brands
An Interdisciplinary Critique
, pp. 381 - 397
Publisher: Cambridge University Press
Print publication year: 2008

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