Perspectives for geographical indications
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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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Perspectives for geographical indications

Perspectives for Geographical Indications

Teresa Mera

June, 2009


Perspectives for geographical indications

  • 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


Perspectives for geographical indications

  • Gis protection

    • Trademarks

    • Unfair competition

    • Sui generis system


Perspectives for geographical indications

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


Perspectives for geographical indications

  • It is possible to take actions at national level to do so

    • Domestic legislation

    • Bilateral agreements


Peruvian experience

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


Perspectives for geographical indications

  • 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


Perspectives for geographical indications

  • 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


Perspectives for geographical indications

  • Level of protection: TRIPS arts. 22 and 23

  • Special registry


Perspectives for geographical indications

  • 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


Perspectives for geographical indications

  • Industrial Property Law (Legislative Decree 1075 - 2009)

    • Certification marks

    • Collective marks

      • In both cases, no descriptive of origin


Perspectives for geographical indications

  • 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


Perspectives for geographical indications

  • …besides that….

    • Internal work for the promotion of AoO along the country

    • Scarce of resources

      • Mixed efforts (among different public institutions)

      • Beneficiaries

      • International cooperation


Perspectives for geographical indications

  • 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


Thanks for your attention

Thanks for your attention

[email protected]


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