La protección de las indicaciones geográficas en el comercio internacional: recepción y efectividad en el ordenamiento jurídico puertorriqueño

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Universidad Complutense de Madrid
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The study about the reception of international obligations concerning the protection of geographical indications and its effectiveness in the Commonwealth of Puerto Rico is particularly relevant from a legal and economic development perspective. Geographical indications have become noteworthy in recent years due to their inclusion in a treaty that binds the practical entirety of the international community. Prior to that event, their regulation lacked international consensus and received an uneven treatment in different jurisdictions, which provides an opportunity to analyze the integration of the resultant obligations in Puerto Rico’s legal system and the limits that its political relationship with the United States imposes upon the possibilities of the effective protection of geographical of Puerto Rican indications in international trade. The economic potential of geographical indications can be significant, in view of their application to coffee and rum, two products of substantial importance to the local economy. Considering that geographical indications have no presence in Puerto Rico’s legal system, as they are not even defined, the recent discussions regarding two legislative bills about Puerto Rican appellations of origin confirm the importance of the study. Time is of the essence, because as other jurisdictions continue to claim protection of their products, unprotected products will miss the opportunity of being among the products distinguished by their quality and geographical origin...
Tesis inédita de la Universidad Complutense de Madrid, Facultad de Derecho, Departamento de Derecho Internacional Público y de Derecho Internacional Privado, leída el 04-12-2015