Scrutinizing the Expanding Scope of Geographical Indication Protection: A Critical Analysis of the Justifications for the Anti-Evocation Measures

Abstract The global trend towards heightened protection for geographical indications (GIs) has been bolstered by the incorporation of anti-evocation provisions in various bilateral and regional trade agreements, primarily led by the European Union (EU). While these anti-evocation measures have raised GI protection to an unprecedented level, they also place limitations on the freedom of expression and competition for other market players. This article conducts a critical analysis of the necessity of those restrictions by evaluating the justifications for implementing anti-evocation protection. Specifically, the analysis centres on the formal justifications put forth by law enforcement authorities and their direct contribution to enforcement errors and inconsistencies. Furthermore, inherent limitations within these justifications are also identified. Clarifying the rationale for anti-evocation protection and establishing a clearly defined scope of protection, substantiated by sound justifications, could effectively mitigate errors and inconsistencies in law enforcement and minimize any undue impact on the public interest. Countries that have adopted or are considering adopting anti-evocation protection, following the EU's lead, should exercise caution to avoid similar pitfalls.