Lost in Transliteration: The Role of Interpretationin Resolving Regional Trade Agreement ConflictsRelating to Geographical Indications

There are two models of regional trade agreement (RTA) that regulate the protection of geographicalindications (GIs), one primarily advanced by the EU and the other by the US. Countries negotiatingwith both sides could be caught in the middle of potentially conflicting demands. This article examinesthis issue with reference to RTA obligations on the protection of translations and transliterations ofGIs. It applies international law interpretive techniques to assess the prospect of agreement conflict. Ananalysis of the object and purpose of the RTAs, the justifications for protecting intellectual property(IP) and the history of translation and transliteration protection, both internationally and in the EUand US, allows for a harmonious interpretation of the obligations so as to avoid incompatibility. Thearticle concludes by assessing the policy implications of this finding, including the importance of takingadvantage of the margin of flexibility inherent in the implementation of RTAs