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INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE Versailles, June 12 and 13, 2008

INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE Versailles, June 12 and 13, 2008. Existing Approaches on the National and International Levels Marcus Höpperger. Trademarks Owned individually Distinguish goods and services Trademark Functions Source indication (abstract)

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INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE Versailles, June 12 and 13, 2008

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  1. INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USEVersailles, June 12 and 13, 2008 Existing Approaches on the National and International Levels Marcus Höpperger

  2. Trademarks Owned individually Distinguish goods and services Trademark Functions Source indication (abstract) Distinguishing function Guarantee function (abstract) Communication function (“branding”) Distinctive Signs

  3. Collectively Used Signs • Collective ownership • Who is the collectivity? • How is the ownership expressed? • What is the function of collectively used distinctive signs? • Examples

  4. Distinctive Signs for Individual Use • Trademarks (goods & services) • Registered • Unregistered (passing off)

  5. Distinctive Signs for Collective Use • Collective marks • Certification marks • Guarantee marks • Geographical indications • Sui generis (appellations of origin, indications of source, registered geographical indications0 • Tort law (passing off, unfair competition) • Administrative law (labeling regulations)

  6. MEMBERS OF THE PARIS CONVENTION (173)

  7. Paris Convention • Article 1(2) and (3) • Indications of source or appellations of origin • “manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.” • Article 6ter (State emblems) • Article 7bis (Collective marks) • Article 10 (Indications of source) • Article 10bis (Unfair competition)

  8. MADRID AGREEMENT (Indications of Source ) (35)

  9. 82 members (Including EC) Agreement only 7Protocol only 26Agreement and Protocol 49 Madrid Union

  10. STATES PARTY TO THE LISBON AGREEMENT (26)

  11. The TRIPS Agreement • WTO Members (152) • Protection of Geographical Indications • TRIPS Article 22 to 24 • Negotiations • Article 23.4 • Doha Round

  12. Preliminary Conclusion • Individually owned distinctive signs • Trademarks • Broad common ground • Collectively owned distinctive signs • Different legal categories • Variety of approaches • Indication of geographical origin • Big emotional potential

  13. Emotion • Geographical Indication = Emotion • Branding = Emotion • Branding with Geographical Indication = readily available emotion • Second layer • Quality • “terroir”

  14. The Issue • Distinctive signs for collective use • How is the use attributed? • Who has the right to administer attribution? • Can it be monopolized by an individual? • Collective use • Who defines conditions of use? • Who looks after it? • Quality control? • Enforcement?

  15. The Specification • Boundaries of use • Conditions of use • Raw materials • Processing • Control of use • Investment • Emotion • Positive • Negative

  16. The Big Challange • Regulation of collective use at local, national and international levels • Fair and equitable manner • Prior users • Prior rights • Enable producers • To trade on emotion • To improve products • Important spin-off effects • Gastro tourism, regional identification, preservation of traditional knowledge

  17. Conclusion • Collectively used signs • Present challenges and potential • Signs indicating geographical origin: Room for policy making • multifunctionality • Potenial • Readily available emotion • Emotion is the basis for reputation • Reputation needs stewardship • Reputation = Intangible Asset = (collective) Intellectual Property

  18. INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USETHANK YOU!

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