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Let’s Have An Other Look At The Lisbon Agreement

Let’s Have An Other Look At The Lisbon Agreement. Matthijs Geuze WIPO. What’s New?. Membership Registration Activity Content of Registrations. 26 Member States. Africa (6) : Algeria, Burkina Faso, Congo, Gabon, Togo, Tunisia

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Let’s Have An Other Look At The Lisbon Agreement

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  1. Let’s Have An Other Look At The Lisbon Agreement Matthijs Geuze WIPO

  2. What’s New? • Membership • Registration Activity • Content of Registrations

  3. 26 Member States Africa (6): Algeria, Burkina Faso, Congo, Gabon, Togo, Tunisia America (6): Costa Rica, Cuba, Haiti, Mexico, Nicaragua, Peru Asia (4): Georgia, Iran (Islamic Rep), Israel, Korea (DPR) Europe (10): Bulgaria, Czech Rep., France, Hungary, Italy, Moldova, Montenegro, Portugal, Serbia, Slovakia

  4. since 2004 Six New Members: Georgia, Iran (Islamic Rep), Korea (DPR), Montenegro, Nicaragua, Peru Recordings: 2004 – 16 2005 – 30 2006 – 53 2007 (Jan-May) – 23

  5. Content of Registrations • Possibility of Coexistence • Partial Refusals

  6. Content of Registrations • Partial Refusals • Translations

  7. Content of Registrations • Partial Refusals • Dissimilar Products? • Prior Users?

  8. Protection of an Appellation • Country of Origin • Other Countries of the Lisbon Union

  9. Substantive Requirements Protection in the country of origin • Recognition • “Appellation of origin” as defined in Lisbon • “Country of origin” as defined in Lisbon • Demarcation of the area of production

  10. D R P AO QC GE

  11. Legal Effect(1) • Effect of international registration • extension of protection to countries other than the country of origin • indefinite (as long as the appellation is protected in the country of origin) • Except in a country that ... • issued a refusal (within the prescribed time-limit), or • invalidated the effect of the international registration in its territory

  12. Legal Effect(2) Required level of protection • protection against any usurpation or imitation • reputation • AO cannot be “deemed” to have become generic

  13. Looking Back and Ahead • Records of the Lisbon Diplomatic Conference (1958) • Updating the Lisbon Regulations

  14. THANK YOU Matthijs GeuzeWIPO

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