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Perspectives for Geographical Indications

Perspectives for Geographical Indications. Teresa Mera June, 2009. International negotiations No light for solutions in the short term TRIPS Agreement Minimum standards of protection GIs protection Part of the agenda of many countries. Gis protection Trademarks Unfair competition

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Perspectives for Geographical Indications

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  1. Perspectives for Geographical Indications Teresa Mera June, 2009

  2. International negotiations • No light for solutions in the short term • TRIPS Agreement • Minimum standards of protection • GIs protection • Part of the agenda of many countries

  3. Gis protection • Trademarks • Unfair competition • Sui generis system

  4. Countries should wait for further steps at multilateral level to develop GIs protection?

  5. It is possible to take actions at national level to do so • Domestic legislation • Bilateral agreements

  6. Peruvian experience • Peru has a sui generis system for the protection of Gis (Decision 486, Andean Community Regime on IPRs -2000) • Appellations of Origin • Indications of source

  7. Why a sui generis system? • Potentiality of Gis development • Strong protection to ensure producers investment and promote its use • Facilitate the protection of Gis • Reduces the cost of enforcement actions for right holders

  8. Appellations of Origin • Protected under IPRs provisions • Definition: Lisbon Agreement • Only names of geographical places • Scope: Any kind of products. No services • natural, agricultural, handicraft, or industrial products

  9. Level of protection: TRIPS arts. 22 and 23 • Special registry

  10. Complementary legislation • Framework law for the Regulatory Council of Appellations of Origin • Management of the AoO by its beneficiaries • Mechanisms of quality supervision and control • Promotion • Role of the State: support to beneficiaries initiatives

  11. Industrial Property Law (Legislative Decree 1075 - 2009) • Certification marks • Collective marks • In both cases, no descriptive of origin

  12. Bilateral agreements • On the mutual recognition of GIs/AoO • As part of a FTA • Third parties previous rights • On the mutual support for the promotion and protection of Andean AoO

  13. …besides that…. • Internal work for the promotion of AoO along the country • Scarce of resources • Mixed efforts (among different public institutions) • Beneficiaries • International cooperation

  14. Indications of source • Definition • An indication of origin shall be understood to be a name, expression, image, or sign that indicates or evokes a particular country, region, locality, or place • Unfair competition law

  15. Thanks for your attention tmera@mincetur.gob.pe

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