Geographical indications, conflicted preferential agreements, and market access

Abstract

Canada is currently negotiating a Comprehensive Economic and Trade Agreement with the European Union; the issue of geographic indications is on the negotiating agenda and is expected to be one of the most contentious issues in the negotiations. While the exact nature of protection for Geographic Indications to be included in the agreement is not yet clear, there is potential for a conflict with commitments made by Canada in North American Free Trade Agreement. This article explores the wider issues surrounding differences in the protection of intellectual property and the effect on market access as well as the potential specific issues pertaining to the Comprehensive Economic and Trade Agreement for North American Free Trade Agreement members. General issues include, among others, how market access could be restricted either by de facto import bans or the imposition of additional costs on exporting firms; would these restrictions qualify as nullification or impairment of a benefit under the General Agreement on Tariffs and Trade? Does the Trade-Related Aspects of Intellectual Property provides any guidance for this issue and would GIs be treated in the same way as a country entering a customs union and having to provide compensation if it raises tariffs to the common level? © 2013 The Author 2013. Published by Oxford University Press. All rights reserved.