Extended Protection of Wines and Spirits under TRIPS Agreement: Need, Nature and Implication

  • Samridhi Prakash and Siddharth Gautam
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  • Samridhi Prakash

    Student at Symbiosis Law School, Noida, India.

  • Siddharth Gautam

    Student at Symbiosis Law School, Noida, India.

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This paper examines the need for and implications of extended protection for wines and spirits under Article 23 of the TRIPS Agreement. It analyzes the rationale behind this enhanced protection, the nature of safeguards provided, and the broader implications for international trade and cultural heritage preservation. Through a comprehensive analysis, the paper highlights the significance of geographical indications in identifying products' origin and unique characteristics. It discusses the debate surrounding the exclusive protection of alcoholic beverages and the negotiation process leading to Article 23's insertion. Furthermore, the paper explores the practical implications of GI protection on wines and spirits, emphasizing economic significance and consumer protection. Case studies of iconic products illustrate the economic and cultural value associated with geographical indications. Overall, the paper underscores the importance of balancing IP rights protection with promoting innovation and cultural preservation in the global marketplace.




International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 1254 - 1260

DOI: https://doij.org/10.10000/IJLSI.112024

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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