In recent years, Geographical Indications (GIs) have become an increasingly important aspect of intellectual property in the international arena. GIs are an integral part of agriculture because they protect agricultural products which have a special association with a particular region. They have also been shrouded in controversy. Formally established under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, GIs have been continuously debated by scholars over the past decade.The debate usually centers on how GIs apply to goodsand services (particularly agricultural products) from particular regions, and the proper means that should be employed to protect GIs. The TRIPS agreement states that member countries "shall provide the legal means" to prevent false GIs from being usedin two circumstances: (1) when the false GIs mislead the public as to their actual origin and (2) when a use would constitute an act of unfair competition. This broad definition allows protection for GIs through different legal means, but also leads to disagreement over the proper way to protect GIs. The U.S. approach is to use established private property interests such as trademarks and certification marks to protect GIs, but the European Union (EU) approach was to create a registry of specific protections for GIs interests in their own right. Due to the EU's highly developed registry system of GIs, there have been proposals of establishing an international register for GIs through the World Trade Organization (WTO) TRIPS council. Countries such as the U.S., however, believe the established intellectual property structures are sufficient. The differences between the extensive EU system and the U.S. system have consistently been the issue of international controversy. Determining which system is thebest to use for GI protections has subsequently been a matter of much scholarly debate.
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