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Practical aspects – applying for GI protection

In discussing the practical aspects of GI protection, this section will also offer insights into how a third-country applicant may be affected by each system. It addresses in particular the United States and EU approaches since these systems represent not only the largest markets for most GIs but also serve as general (though not complete) templates for the types of protection offered in other countries. Understanding these two systems therefore can serve as a foundation for understanding the premises of protection mechanisms in most other countries. The Common Law approach using trademark systems is embodied most prominently in the United States system, while the EU system is a good embodiment of the sui generis approach to protecting GIs. These two are not necessarily mutually exclusive but do represent a major divide in the conceptualization and execution of protection measures.

Related Subject(s): International Trade and Finance
Sustainable Development Goals:
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