1. BEIJING BOSTON BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG HOUSTON LONDON LOS ANGELES NEW YORK PALO ALTO SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C. Geographical Indications in International Trade Agreements Andrew W. Shoyer Washington, DC ashoyer@sidley.com

2. Overview What are GIs? –Compare trademarks, appellations of origin How are GIs addressed in trade agreements? –WTO and FTAs What are the current issues? –TTIP and TPP –Potential WTO claims - TBT 2 CHALLENGE – Managing tension between IP rights and trade in goods with common/generic names

3. What are GIs? WTO TRIPS Agreement Article 22.1 – “Indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin” GIs = €€€ 3 Appellation of origin Designation of origin Certification mark

4. Trademark/Certification Mark 4

5. GIs in Trade Agreements WTO –TRIPS Article 22 – basic obligations –TRIPS Article 23 – wine and spirits –TRIPS Article 24 – expansion via negotiations FTAs –KOREU (no opposition allowed) –CenAmEU (opposition allowed) 5

6. Current Issues TTIP TPP Potential WTO claims - TBT 6