Typical products as object of intelectual property through historical and geographical overview

Abstract

Ever since pre-Bible time typical products have been considered as a cultural heritage of people and countries. This is demonstrated by the records found in several geographical locations. As such they have been protected by legal means adequate to the time and space of their existence. The term of typical products as the objects of intellectual property was first introduced in 1883, when the first multilateral treaty-Paris Convention for protection of geographical indications was signed. Since then series of documents governing the right to dispose and trade with typical products have been signed.All current variations and sub-variations of methods to protect geographical indications classify countries into three groups: (1) Countries that protect geographical indications by special law, the so-called sui generis system, (2) Countries which protect geographical indications as trademarks, certification marks, collective marks, or other legal means, (3) countries that do not formally recognize and protect geographical indications. Globally, 111 countries, including 27 EU countries, protect geographical indication of origin by sui generis system. 56 countries protect geographical indications through trademarks, certification marks, or collective marks, which include Australia, Canada, Japan and the United States. A number of countries, in addition to a sui generis system, has the additional option of protection geographical indications as trademarks as in the case of China.

Keywords

• typical products
• intelectual property
• geographical indications