Shining a Light on Geographic Indications in Canada: The Time is Now

Abstract:

Geographic indications (“GIs”) are gaining increasing attention globally from governments, legal experts in intellectual property and international law, and the many industries affected by protection of GIs. Yet the legal and business issues relating to GIs remain somewhat opaque to many casual observers. In this paper we hope to shed some light on the historical and contemporary protection of GIs and the impact they can have on industry and consumers.



We begin with a review of the development of GI protection in several international trade agreements negotiated in the 20th century. We then consider the current status of GI protection in Canada, the European Union, and the United States, and discuss and explain the differences between these approaches. We finally discuss two ongoing international trade agreement negotiations which pit Canada in between the EU and US approaches to GI protection, and suggest a path forward that is most suitable to Canadian industry and Canadian consumers.