What drives Indications of Geographical Origin protection and governance mechanisms in the U.S. and European contexts? A contribution of the social sciences

There are fundamentally two different ways in which indications of geographical origin (igos) can be protected. The us approach favors the pre-existing trademark system through collective marks (cms), while the eu approach favors a maximalist approach via a sui generis system which promotes appellations of origin (aos). A consensus however emerges regarding the fundamental protection of origin against misleading, confusing and dilutive uses. Previous literature discusses these competing igo logics from historical, legal and international trade perspectives. In this paper, we depart from the field of social sciences, in particular from recent advancements in the well-established literature on proximities, in order to provide a reflection on the different logics underpinning the aos and cms systems.