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INTA: International Trademark Association

Doha's Impact on TRIPS: Balancing Geographical Indications Protection Clark W. Lackert Chair, INTA International Amicus Committee and Partner, King & Spalding New York 1 May 2002. INTA: International Trademark Association.

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INTA: International Trademark Association

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  1. Doha's Impact on TRIPS: Balancing Geographical Indications ProtectionClark W. LackertChair, INTA International Amicus Committee andPartner, King & SpaldingNew York1 May 2002

  2. INTA: International Trademark Association INTA is a 124 year-old not-for-profit organization dedicated to the support and advancement of trademarks and related intellectual property concepts as essential elements of trade and commerce. INTA has over 4000 members in 145 countries. The association is global and crosses all industry lines, including manufacturers and retailers in industries ranging from aerospace to consumer goods. www.inta.org

  3. INTA Panel Participants Clark LackertModerator, Partner, King & Spalding, New York Anne RichardSecretary General, Confédération Générale des Producteurs de Lait de Brebis et des Industriels de Roquefort,France Hans BenderPresident, Danish Dairy Board, Brussels Luis de JavierDirector Legal Department, Miguel Torres SA, Barcelona Dominic KeatingUS Mission to the WTO, Geneva Antonio BerenguerDG Trade, European Commission, Brussels

  4. 18. With a view to completing the work started in the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) on the implementation of Article 23.4, we agree to negotiate the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits by the Fifth Session of the Ministerial Conference. We note that issues related to the extension of the protection of geographical indications provided for in Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant to paragraph 12 of this declaration. Doha Declaration 18

  5. 10 Different Issues on the GI-Trademark Balance

  6. 1. What are GIs? SWISS watches (GI) SWISS cheese (Generic) SWISS airlines (Trademark)

  7. 2. What are types of GIs? Indications of Source Appellations of Origin Semi-generic

  8. Unfair Competition Trademark Law Certification Mark Law Local Registration International Registration (Treaties) 3. How are GIs Protected?

  9. 4. What Treaties Protect GIs? Paris Convention (1883) Madrid Agreement (1891) Lisbon Agreement (1958) TRIPs Agreement (1994) Regional (e.g., EU 1992)

  10. Article 1 (2): Indications of Source and Appellations of Origin Articles 9, 10 (2), 10 bis, and 10 ter: Unfair Competition 5. What Paris Convention Articles are Relevant?

  11. 6. Which Madrid Agreement? There are two Madrid Agreements, one on trademarks and one on false designations of origin

  12. Principal GI Treaty International Registration Mandatory Phase Out of conflicting marks TRIPs Issues Algeria Bulgaria Burkina Faso Congo Costa Rica Cuba Czech Republic France Gabon Haiti Hungary Israel Italy Mexico Moldova Portugal Slovakia Togo Tunisia Yugoslavia 7. Why is the Lisbon Agreement Important?

  13. Articles 22, 23, and 24 Articles 2(2) and 16(1) First in Time, First in Right 8. How Does TRIPs Change the Landscape?

  14. Board of Directors Resolution (1997): First in Time, First in Right Critical Analysis of EU Foodstuffs Regulation (now in TRIPs Council) Concerned about international or national GI registers (other than registration of certification marks) 9. What is the INTA Position on Trademark/GI Conflicts?

  15. Global questions on the meaning of the TRIPs Agreement Proliferation of national GI registration statutes Need to address legitimate concerns of developing world indications Ultimate balance between trademarks and GIs 10. What is the Future of the GI-Trademark Balance?

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