Naslov
Civil enforcement of geographical indications in Europe

Autori
Ana Rački Marinković

Izvornik
Journal of Intellectual Property Law & Practice (1747-1532) 17 (2022), 1; 65-70

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
geographical indications, civil enforcement, Directive 2004/48

Sažetak
Civil law remedies available in cases of infringement of EU geographical indications (GIs) are scrutinized in this paper to explore compliance with the Enforcement Directive. Civil law remedies available in cases of infringement are entirely the responsibility of national authorities not only in respect of jurisdiction but also in terms of creating a legal framework to provide for measures, procedures and remedies in the event of infringement. In the majority of countries, relevant provisions relating to the enforcement of other intellectual property rights or those of stand-alone legislation for the protection of national non- agricultural GIs also apply in the case of infringement of GIs protected at the EU level and are as such harmonized with the Enforcement Directive. In a group of countries, however, civil remedies in cases of GI infringement are available only indirectly, through protection against unfair competition. The scope and the extent of measures, procedures and remedies are not fully comparable to those prescribed in the Enforcement Directive. A legal infrastructure for efficient and effective civil enforcement in cases of the infringement of EU GIs is therefore called for.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA