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Doha's Impact on TRIPS: Balancing Geographical Indications Protection Clark W. Lackert Chair, INTA International Amicus Committee and Partner, King & Spalding New York 1 May 2002. INTA: International Trademark Association.

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Doha's Impact on TRIPS: Balancing Geographical Indications ProtectionClark W. LackertChair, INTA International Amicus Committee andPartner, King & SpaldingNew York1 May 2002

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INTA: International Trademark Association

INTA is a 124 year-old not-for-profit organization dedicated to the support and advancement of trademarks and related intellectual property concepts as essential elements of trade and commerce. INTA has over 4000 members in 145 countries. The association is global and crosses all industry lines, including manufacturers and retailers in industries ranging from aerospace to consumer goods.

www.inta.org

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INTA Panel Participants

Clark LackertModerator, Partner, King & Spalding, New York

Anne RichardSecretary General, Confédération Générale des Producteurs de Lait de Brebis et des Industriels de Roquefort,France

Hans BenderPresident, Danish Dairy Board, Brussels

Luis de JavierDirector Legal Department, Miguel Torres SA, Barcelona

Dominic KeatingUS Mission to the WTO, Geneva

Antonio BerenguerDG Trade, European Commission, Brussels

doha declaration 18
18. With a view to completing the work started in the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) on the implementation of Article 23.4, we agree to negotiate the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits by the Fifth Session of the Ministerial Conference. We note that issues related to the extension of the protection of geographical indications provided for in Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant to paragraph 12 of this declaration.Doha Declaration 18
1 what are gis

1. What are GIs?

SWISS watches (GI)

SWISS cheese (Generic)

SWISS airlines (Trademark)

2 what are types of gis

2. What are types of GIs?

Indications of Source

Appellations of Origin

Semi-generic

3 how are gis protected
Unfair Competition

Trademark Law

Certification Mark Law

Local Registration

International Registration (Treaties)

3. How are GIs Protected?
4 what treaties protect gis

4. What Treaties Protect GIs?

Paris Convention (1883)

Madrid Agreement (1891)

Lisbon Agreement (1958)

TRIPs Agreement (1994)

Regional (e.g., EU 1992)

6 which madrid agreement

6. Which Madrid Agreement?

There are two Madrid Agreements, one on trademarks and one on false designations of origin

7 why is the lisbon agreement important
Principal GI Treaty

International Registration

Mandatory Phase Out of conflicting marks

TRIPs Issues

Algeria

Bulgaria

Burkina Faso

Congo

Costa Rica

Cuba

Czech Republic

France

Gabon

Haiti

Hungary

Israel

Italy

Mexico

Moldova

Portugal

Slovakia

Togo

Tunisia

Yugoslavia

7. Why is the Lisbon Agreement Important?
8 how does trips change the landscape
Articles 22, 23, and 24

Articles 2(2) and 16(1)

First in Time, First in Right

8. How Does TRIPs Change the Landscape?
9 what is the inta position on trademark gi conflicts
Board of Directors Resolution (1997): First in Time, First in Right

Critical Analysis of EU Foodstuffs Regulation (now in TRIPs Council)

Concerned about international or national GI registers (other than registration of certification marks)

9. What is the INTA Position on Trademark/GI Conflicts?
10 what is the future of the gi trademark balance
Global questions on the meaning of the TRIPs Agreement

Proliferation of national GI registration statutes

Need to address legitimate concerns of developing world indications

Ultimate balance between trademarks and GIs

10. What is the Future of the GI-Trademark Balance?