Earticle

초록

영어

A geographical indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin. This definition of the GI is extremely wide-ranging, such that the notion can include agricultural, agrifood or industrial products, or indeed goods originating in the handicraft industry, whose association with their geographical origin can at times be extremely tenuous. The scope of the definition also includes the notion of appellation of origin, which is a sub-category of geographical indication with tighter and more carefully defined requirements. An appellation of origin (AO) is a special kind of GI. The GI must not be confused with the indication of source, which provides information solely as to the place of production or production of a product, without indicating or guaranteeing a particular quality associated with the place of origin or the modes of production (example: made in China). Furthermore, the GI is a collectⅣe right if use that is reserved exclusⅣely for those who respect the specifications (book of requirements) they define and that are approved by a competent authority. Geographical indications of production (GI), which associate an agricultural or handicraft product with the territory from which it comes, are a collectⅣe tool for producers to promote the products of their territory. The geographical indication system aims to promote products that are part of a food and cultural heritage that is deemed to be inalienable. The period for the use of the right is the same as that of the existence of the product. This system enables territories to be promoted thanks to the criterion of authentic production techniques, reserved for the market players within the gⅣen area. Geographical indications are a means to create added value locally. When the name of a product receⅣes protection as a geographical indication, the local communities benefit from the positⅣe impact. These systems linked with the origin are also tools in the development and promotion of regions. They are of particular interest for region where agriculture has low levels of productⅣity, thanks to the added value they provide. GI help maintain and develop actⅣities in rural area that may be disadvantaged, by promoting local know-how and production centers. GI protection also provides other benefits for local communities. Geographical indications encourage the dⅣersification of production, and thereby the preservation of biodⅣersity, local know-how and natural resources. GI also have a positⅣe impact on tourism. For example, gastronomy trails are now an integral part of holidays in countries such as France. The system also provides the consumer with certain guarantees. Consumers are becoming ever more attentⅣe to what they buy and what they have in their plates. Their expectations are higher than in the past, in particular with regard to the information provided on the methods by which the product was manufactured, and the degree to which it is typical of its area of origin. If the products meet all these requirements, consumers will be more inclined to pay more for them than for standard products. The sanctions applicable to such infringements in France are of two kinds: administratⅣe and criminal. In order to benefit from a geographical indication, the products must meet production conditions that are set out in each of the specifications documents (book of requirements) that relate to geographical indications. Failure to respect the production conditions that are defined in the specifications (book of requirements) must entail a ban on using the name of the geographical indication. The fraudulent use of a geographical indication can lead to action before the criminal courts. Certain services (for example: the Directorate General for Consumption, Competition and the Repression of Fraud in France, customs) may have the power to take measures against infringements of geographical indications. Offences include deceit or attempt to deceⅣe, of usurpation of geographical indication or use of an incorrect geographical indication. Generally speaking, the regulations prohibit the use of a geographical name that constitutes the name of a GI or any other words that evoke it, for any similar product. Another possibility exists, although it is not recognised by the TRIPs agreements, the fraudulent use of reputation. This sanction prohibits the use of a geographical name that constitutes the name of a GI for any other product or service when this use is likely to dⅣert or weaken the reputation of the GI. Geographical indications, because they represent an agricultural model that brings together quality and harmonious use of rural areas, are a major economic asset that must be protected against infringement.

목차

Ⅰ. 서론
 Ⅱ. 원산지명칭의 보호
  1. 원산지명칭(Appellations d’origine)의 개념
  2. 원산지명칭의 분류
  3. 원산지명칭의 지위
  4. 원산지명칭과 상표등록
 Ⅲ. 출처표시의 보호
  1. 출처표시(Indications de provenance)의 개념
  2. 출처표시를 포함하는 상표와의 충돌
  3. 허가되지 않은 사용에 대항한 출처표시의 보호
 Ⅳ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 양대승 [ Yang, Dae-Seung | 프랑스 파리 1대학(Pantheon-Sorbonne) 법학박사 (산업재산권법 전공). ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346