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The importance of facilitating international protection Lisbon, October 31, 2008

The importance of facilitating international protection Lisbon, October 31, 2008. Maria Paola Rizo Senior legal officer Division of Law and International Classifications WIPO. Why GIs?. Economic Tool to differentiate product in a competitive market Develop niche markets Price premia.

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The importance of facilitating international protection Lisbon, October 31, 2008

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  1. The importance of facilitating international protectionLisbon, October 31, 2008 Maria Paola Rizo Senior legal officer Division of Law and International Classifications WIPO

  2. Why GIs? Economic • Tool to differentiate product in a competitive market • Develop niche markets • Price premia

  3. Café Marcala Kintamani Bali Café de Colombia Ceylon tea Darjeeling Antigua Assam

  4. Why GIs? Contribute to preserve TK and folklore Lamphun brocade Thai silk Olinalá

  5. Why GIs? Rural development potential • Participation of local actors • Reproduction of the social system • Employment and level of income (Sylvander, 2004)

  6. Why GIs? Reputation= intangible asset Protection Blue Mountain Coffee Savon d’Alep Argan oil Rooibos

  7. GIs: some challenges • Fair and equitable regulation of collective use • Inherent costs – certification and traceability systems • Promotion • Protection and enforcement

  8. Threats • Free-riding • Registration as TM by a third party • Becoming a generic term

  9. Challenges of obtaining international protection • Cost • Complexity different systems for protecting GIs around the world; need to adapt protection to each system

  10. How to protect GIs at the international level? • Bilateraltreaties • Multilateral treaties • Lisbon Agreement for the Protection of Appellations of Origin and their International Registration • Madrid System for the International Registration of Marks

  11. Principles and aims of the Lisbon and Madrid systems • Special agreements under Article 19 of the Paris Convention -optional • Aiming at facilitating the protectionof trademarks and appellations of origin at the international level • Aiming at facilitating the management of trademarks and appellations of origin after registration

  12. Madrid System Rule 9(4)(x) of the Common Regulation expressly provides for registration of collective or certification marks 1078 collective or certification marks registered 364 in classes 29 to 33

  13. Madrid System

  14. Madrid System VINHO REGIONAL MINHO

  15. (including EC) Agreement only 7 Protocol only 28Agreement and Protocol 49 Madrid Agreement and Protocol 84 Contracting Parties

  16. Lisbon Agreement 26 Members States

  17. Lisbon Agreement • 882 appellations of origin registered Olive oil of Nyons (FR), Parmigiano Reggiano (IT), Giant White Maize of Cuzco (PE), Muscat of Kelibia (TN)… • Recent accessions • Georgia (2004) • Peru (2005) • DPR Korea (2005) • Nicaragua (2006) • Iran (2006) • Montenegro (2006)

  18. Conclusion • GIs are IP rights with multifunctional character • It is important to protect GIs • Use means which are available • GIs do not function alone. Accompanied by: • Active promotion • Protection, nationally and internationally • Enforcement of rights

  19. Obrigado

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