From Katfriend Nuno Sousa e Silva who teaches in the Law School of the Portuguese Catholic University, Porto (Portugal), comes an analysis of an issue that is not only sensitive within Europe in general but which may divide the Portuguese from the Scots: the interaction of Europe's laws on the protection of geographical indications with those which allow for the registration of trade marks. Nuno writes as follows:National GIs for wines can be invoked to invalidate trade marks; OHIM must change its practice.Geographical Indications (GIs) are often regarded as an enigmatic, rural, and rather bizarre intellectual property rights. Art. 22(1) TRIPS defines them as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. However, GIs do not need be…
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