Wessel, Johannes de Wet (1996) The Protection of Trade Marks vis-à-vis m Geographical Indications on Wines and Spirits in South Africa with reference to the Liquor Products Act and the Trade Marks Act. Masters thesis, University of South Africa.
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Abstract
Geographical indications utilised in respect of wines and spirits are, in terms of the Liquor Products Act, protected from being used in a manner that would mislead consumers as to the origin of the product. By nature a trade mark is also an indication of origin. Whether a trade mark can coexist with a protected geographical indication, or prevent the protection of geographical indications recognised at a later stage, depends inter alia on rights conferred by the Trade Marks Act. South Africa is a signatory to the General Agreement on Tariffs and Trade (GATT). One of its subsections, referred to as TRIPS, adresses the relationship between trade marks and geographical indications. These provisions must be incorporated into the domestic laws of Member Countries. Viewed against TRIPS, South African legislation does not provide sufficient protection for trade marks, in particular vested trade mark rights. Amendments will therefore have to be made.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | Indications of Source; Appellations of Origin;Geographical Indications; Origin; Trade Marks;Liquor Products Act; Trade Marks Act; TRIPS;International Treaties; Intellectual Property. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Martin Lucas Mkoba |
| Date Deposited: | 20 Jan 2017 10:55 |
| Last Modified: | 20 Jan 2017 11:09 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/1177 |
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