Kvasny Prum. 2012; 58(11-12): 343-349 | DOI: 10.18832/kp2012031

Conflict between geographical indications and trademarks.Peer-reviewed article

Hana KELBLOVÁ

Ústav práva a humanitních věd, Provozně ekonomická fakulta Mendelovy univerzity v Brně, Zemědělská 1, 613 00 Brno

This article focuses on the characteristics of legislation governing product labelling with regard to their geographical origin on the Czech, community and international levels. It outlines key areas of conflict between the legal regulation governing geographical indications and trademarks. The dispute between Budějovický Budvar and Anheuser Busch is presented as a practical example of the consequences following from the lack of harmonisation of legislation on the international level. The article does not deal with a public system of labelling foodstuffs regulated primarily by Act on Foodstuffs and Tobacco Products. Within the EU, consumers may rely upon the fact that foodstuffs labelled with the Protected Designation of Origin and Protected Geographical Indication logos meet the quality standards and clear geographical origin defined in public specifications monitored by the state authorities. These designations represent a significant competitive advantage tied to economic profit for entrepreneurs who can label their goods using these logos.This article focuses on the characteristics of legislation governing product labelling with regard to their geographical origin on the Czech, community and international levels. It outlines key areas of conflict between the legal regulation governing geographical indications and trademarks. The dispute between Budějovický Budvar and Anheuser Busch is presented as a practical example of the consequences following from the lack of harmonisation of legislation on the international level. The article does not deal with a public system of labelling foodstuffs regulated primarily by Act on Foodstuffs and Tobacco Products. Within the EU, consumers may rely upon the fact that foodstuffs labelled with the Protected Designation of Origin and Protected Geographical Indication logos meet the quality standards and clear geographical origin defined in public specifications monitored by the state authorities. These designations represent a significant competitive advantage tied to economic profit for entrepreneurs who can label their goods using these logos.

Keywords: designation of origin, geographical indication, trademark

Received: August 10, 2012; Accepted: October 16, 2012; Published: November 1, 2012