Protection Against Misuse, Imitation or Evocation of Geographical Indications

Abstract

This master thesis investigates the protection of geographical indications (GIs) against misuse, imitation, and evocation in the context of intellectual property law. GIs are collective signs that denote the distinctive attributes of a product associated with a specific region. The thesis explores the importance of GIs in the field and identifies a gap in the research regarding the lack of legal definitions for the concepts of misuse, imitation, and evocation in the European Union (EU) legal system. The research question aims to determine whether specific definitions of these concepts are necessary and how their inclusion would impact the resolution of disputes related to GIs. The thesis analyzes relevant EU legal acts, court decisions, and scholarly literature to explore the scope of protection against these violations. The findings highlight the need for defining misuse, imitation, and evocation in legal acts or regulations. Clear definitions would simplify the judicial process, harmonize legislation, rsolve the problem of uncertainty and enable courts to make faster and clearer decisions. The practical significance of the thesis lies in its potential to assist legislators in improving regulations and aid courts and institutions in interpreting and applying protection against misuse, imitation, and evocation of GIs. The findings contribute to the field by providing insights into the scope of protection and proposing possible definitions. Ultimately, the thesis aims to enhance the legal framework surrounding GIs and promote effective regulation and protection in a globalized society.