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International Registration of Geographical Indications and Appellations of Origin

International Registration of Geographical Indications and Appellations of Origin. Matthijs Geuze, WIPO National Seminar on the Use of Industrial Property for the Protection of Iranian Handmade Carpets Tehran, April 26-27, 2011.

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International Registration of Geographical Indications and Appellations of Origin

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  1. International Registration of Geographical Indications and Appellations of Origin Matthijs Geuze, WIPO National Seminar on the Use of Industrial Property for the Protection of Iranian Handmade Carpets Tehran, April 26-27, 2011

  2. International RegistrationLisbon Agreement (Appellations of Origin)Madrid Protocol (Trademarks, Collective Marks and Certification Marks)

  3. Lisbon Union: 27 Member States Africa (6) Algeria Burkina Faso Congo Gabon Togo Tunisia Asia (4) Georgia Islamic Rep. of Iran Israel DPR of Korea America (6) Costa Rica Cuba Haiti Mexico Nicaragua Peru Europe (11) Bulgaria Czech Rep. France Hungary Italy Moldova Montenegro Portugal Serbia Slovakia The FYR of Macedonia

  4. 85 members Madrid Union

  5. Geographical Indications- subject-matter of protection Indication of a Connection between Characteristics of Products and their Geographical Origin • Informs consumers of the uniqueness of the products derived from this connection (typicality) • Represents the collective goodwill derived from this uniqueness (reputation) • Value-added

  6. Distinctive Signs • Distinctive Signs for Individual Use • Trademarks (goods & services) • Distinctive Signs for Collective Use • Collective marks • Certification marks • Geographical indications • Appellations of origin

  7. The Madrid Protocol Aim: to facilitate the international protection of trademarks, collective marks and certification marks through a single notification and registration procedure Participation: any country party to the Paris Convention may accede Administered by WIPO – International Register for Marks Scope of protection: « Protection shall be the same as if the mark had been deposited direct with the Office of the Contracting Party» No limitation as to product coverage and no distinction between categories of products in terms of scope of protection

  8. Examples of Certification Trademarks

  9. Collective Marks

  10. The Lisbon Agreement Aim: to facilitate the international protection of appellations of origin (AOs) through a single notification and registration procedure Participation: any country party to the Paris Convention may accede Administered by WIPO – International Register of AOs Scope of protection: « Protection shall be ensured against any usurpation or imitation, even if the true origin of the product is indicated or if the appellation is used in translated form or accompanied by terms such as ‘kind’, ‘type’, ‘make’, ‘imitation’ or the like » No limitation as to product coverage and no distinction between categories of products in terms of scope of protection

  11. Legal Effect Effect of international registration • Lisbon: extension of protection to countries other than the country of origin • Madrid: extension of protection to countries other than the country of origin, as designated • Lisbon: indefinite (in principle) • Madrid: renewable every 10 years 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. Generics Prior Trademark Rights Other Prior Use Use of One’s Own Name in Business GI Not Protected in Country of Origin Exceptions

  13. Definition - Lisbon Appellation of Origin The geographical denomination of a country, region, or locality, which serves to designate a product originating therein, of which the quality/characteristics are due exclusively or essentially to the geographical environment, including natural and human factors

  14. Definition - Lisbon “country of origin” The country whose name, or in which is situated the region or locality whose name, constitutes the appellation of origin which has given the product its reputation

  15. WIPO Standing Committee on Trademarks, Industrial Designs and Geographical Indications (SCT) Document SCT/10/4, paragraphs 10-13 Quality • legal criterion, allowing a product to be identified • qualitative link different for GI than for AO ? • disadvantage for countries whose GIs are industrial products ?

  16. WIPO Standing Committee on Trademarks, Industrial Designs and Geographical Indications (SCT) Document SCT/10/4, paragraphs 23-26 Reputation • history of the product • distinctive character of the product • consumer’s perception

  17. WIPO Standing Committee on Trademarks, Industrial Designs and Geographical Indications (SCT) Document SCT/10/4, paragraphs 27-30 Characteristics other than quality and reputation • natural and human factors (“terroir”) • any element that contributes to the typicality of the product

  18. WIPO Standing Committee on Trademarks, Industrial Designs and Geographical Indications (SCT) Document SCT/10/4, paragraphs 31-36 Link with the geographical origin • explains the relationship between the geographical area and one or more elements of the definition • critical element for determining the delimitation of the geographical area • Some protection systems require the delimited area just to differ in geological terms from surrounding areas

  19. Definition- TRIPS Geographical Indication Indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin

  20. Basis for the Review of the Lisbon System • Survey to explore what changes to the Lisbon system might allow a wider membership • Study by WIPO on the: • application of the Lisbon system in countries that are part of a regional protection system for GIs or AOs • the possible introduction of provisions allowing for the accession to the Lisbon Agreement by IGOs administering such system

  21. Working Group on the Development of the Lisbon System (August 30 to September 3, 2010) • The WG requested WIPO to prepare draft provisions on various topics, notably: • Definitions • Scope of protection • Prior users • Applications for trans-border AOs or GIs • Accession criteria for IGOs • Alternative versions • Revision Lisbon Agreement? New treaty? • Study on the possibility of dispute settlement within the Lisbon system

  22. THANK YOU matthijs.geuze@wipo.int

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