The Legal Protection of GIs in TTIP: Is There an Alternative to the CETA Outcome

The protection of European Geographical Indications has been a point of conflict between the European Union and the United States for many years. The essential difference is in how GIs should be protected, if they should be protected at all. The US considers that they can be protected as a sub-set of Trade Marks. The EU considers that GIs are a distinct form of Intellectual Property requiring a distinct system of law. The practical issue today is the extent to which EU GIs can be protected in the US. The US seeks to limit the availability of protection on the basis that many EU food names are descriptive of types of foods rather than names specifically linked to a particular origin. For the EU, protection of GIs is a reflection of the EU’s vast food culture and goes hand in hand with the reform of the Common Agricultural Policy. Protection of EU GIs in third countries is a quid pro quo for abandoning the management of production and protection of the EU market. It has not been possible to come to agreement in the WTO Doha Round. Can agreement be found in TTIP? This paper suggests that the solution must be rooted in intellectual property law rather than in agricultural policy