Friday, 1 November 2002

Geographical indications: Colonizing Language IP rights are created only for the benefit of the society, not for the benefit of the IP right-holder. The benefit to the author or inventor - the temporary (in most cases) and exclusive right to exploitation - is no more than an inducement to participation; it is not a fundamental objective of the society in creating the property in the first place. But there is no social benefit in the 'strong' form of Geographical Indication (GI) that has been created for Wine and Spirits by Article 23 of the WTO TRIPS Argreement This provision creates the right to the exclusive use of a name even where there is no possibility of consumer confusion: "... even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like." Article 23.1. The distinguishing feature of this extended form of GI is that it offers no additional information benefit that would justify the additional protection in law. It imposes a unique restriction on the society without any compensatory benefit. The language of food inherited by the former European colonies of the New World is being 're-colonized' by a law which asserts property rights in ordinary nouns. Many Europeans are unhappy about this, too. 12:22:40 PM    comment []

What does Australian quarantine protection cost? The decision on whether a quarantine restriction is warranted by the risk that an animal or plant disease or pest might be imported -- and the sort of measure that is warranted -- is guided by a concept that the WTO calls the "appropriate level of protection" (ALOP). In Australia, ALOP is not a detailed concept. In fact, the Senate Committee on Rural and Regional Affairs, in its inquiry in May 2000 described the ALOP as "inherently vague and unsubstantiated" and "a recipe for inviting confusion and criticism." Because of this vagueness the full costs and benefits of quarantine protection are not being taken into account in Australia. Yet there is evidence that the costs of some barriers for the economy as a whole may significantly outweigh the benefits to a particular industry. Inquit's 'white paper' on the Appropriate Level of Protection, which examines these issues, was produced on behalf of some of Australia's largest dairy manufacturers and exporters. 12:00:46 PM    comment []