The Registration of Descriptive Terms in International Trade

The Registration of Descriptive Terms in International Trade
Anke Moerland, Maastricht University

978-94-035-0330-1
Kluwer Law International BV, The Netherlands

This topic arises in the context of trade marks and geographical indications. For trade marks, it concerns the registration of foreign descriptive terms with the purpose or result of preventing competition by importation and thereby legitimate trade. For geographical indications, it concerns the protection of terms that are considered generic in certain domestic markets. The Agreement on Trade-related Aspects of Intellectual Property Rights1 (hereinafter TRIPS) sets out minimum standards for the protection and enforcement of intellectual property (IP) rights. This is the primary goal of TRIPS.