Trademarks and Geographical Indications: Exploring the Contours of the TRIPS Agreement

Professor Heald focuses upon the trademark provisions of TRIPS, which have received less attention than the patent and copyright provisions. He closely examines TRIPS' substantive trademark provisions, including the definition of trademark, eligibility for registration, rights of registrants, and assignments / licensing. Professor Heald then considers geographical indications of products' origins, particularly the unique issues raised by the wine and spirits industry. He also discusses enforcement issues, absence of use requirements, dispute resolution, and the U.S. domestic implementing legislation before closing with a general assessment of the pluses and minuses TRIPS offers in the area of trademark protection.