European case law and the WTO ruling on conflicts between geographical indications and trademarks

Geographical indications in performing their function of identification of goods are often linked with trademarks, particularly because in a number of WTO members GIs are protected as trademarks. However, even though there are some similarities between GIs and trademarks, they are different legal concepts of intellectual property rights. The possibility of conflicts between GIs and trademarks is recognised both in national and international legislation. This article reviews cases dealt with by the European Court of Justice involving conflicts between geographical indications and trademarks and inquires into the WTO dispute, which examined relevant EU provisions on GIs and trademarks. © ERA 2009.