Denis Croze Acting Director Advisor Economic Development Sector - PowerPoint PPT Presentation

international legal framework for the protection of geographical indications warsaw 26 april 2006 n.
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Denis Croze Acting Director Advisor Economic Development Sector PowerPoint Presentation
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Denis Croze Acting Director Advisor Economic Development Sector
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Denis Croze Acting Director Advisor Economic Development Sector

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  1. International Legal Framework for the Protection of Geographical Indications Warsaw, 26 April 2006 Denis Croze Acting Director Advisor Economic Development Sector World Intellectual Property Organization

  2. Agreements/Terminology • Indications of source • Paris Convention (1883) • Madrid Agreement (1891) • Appellations of Origin • Paris Convention • Lisbon Agreement (1958) • Geographical Indications • TRIPS Agreement (1994)

  3. Indication of Source “Indication referring to a country or to a place situated therein as being the country or place of origin of a product”

  4. Appellation of Origin “The geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors” (Lisbon)

  5. 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” (TRIPS)

  6. Relationship

  7. Relationship

  8. International Protection • Bilateral Agreements • Multilateral Agreements

  9. Multilateral Agreements • Paris Convention for the Protection of Industrial Property (1883) • Madrid Agrement for the Repression of False or Deceptive Indications of Source on Goods (1891) • Lisbon Agreement for the protection of appellations of origin and their international registration (1958) • TRIPS Agreement (1994)

  10. Paris Convention for the Protection of Industrial Property (1883) • 169 Member States • Indications of source or appellations of origin are objects of IP protection (Art. 1.2) • In case of “direct or indirect use of a false indication of the source of goods” (Art 9) • Goods bearing false indication shall be subject to seizure upon importation [..] or within the country; prohibition of importation (Art. 10)

  11. Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891) • 34 Member States - 6 articles • Repression of false or deceptive indications of source, on or in connection with goods • Seizure, prohibition of importation + others special sanctions • National Courts decide what appelations are generic (except products of the wine)

  12. Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration • For appellations protected as such • Definition of “appellation of origin” • Definition of “country of origin” • Registration and possible objection • 24 Member States • 835 registrations (766 valid)

  13. TRIPS Agreement 1994 • 149 Members • TRIPS Articles 22 to 24 (Section 3) • Definition of subject matter • Scope of Protection • International Negotiations; Exceptions • Built-in Agenda

  14. Article 22 TRIPS • Definition of a GI: « Indication which identify 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 » • Minimum level of protection for all products (except wines and spirits) • Misleading test, unfair competition • Homonymous GIs

  15. Article 23 TRIPS • Higher protection for wines and spirits • No use of de-localizers (kind, type, ..etc) • Obligation to refuse or to invalidate a mark consisting of GIs • Homonymous GIs: « coexistence » under certain conditions: differentiation; interest of producers and consumers • Negotiations/multilateral system of notification and registration of GIs for wines

  16. Article 24 TRIPS • Grand-fathering clause: use before date of signature of WTO Agreement (15.04.94) for 10 years or use in good faith before that date • Coexistence with prior trademarks (registration or use) before the date of application of the TRIPS Agreement (transition periods) or before the GIs is protected in country of origin • Generics, grape variety • Protection in the country of origin

  17. TRIPS • Negociations concerning the establishment of a multilateral system of notification and registration of GIs for wines [and spirits] eligible for protection in those Members participating in the system • Commitment to enter into negociations to increase protection of individual GIs under Article 23

  18. Existing Systems of Protection • Protection against unfair competition (Passing off) • Protected appellations of origin • Collective or certification marks • Administrative systems of protection

  19. Protection under unfair competition • Article 10bis of the Paris Convention • Unauthorized used of GIs should: • be shown by plaintiff • be misleading • result in damages or likelihood of damages • + Specific statutory provisions

  20. Protected Appellations of Origin • Definition • Legal protection • based on an act of public law (Law, Decree..) • at the conclusion of an administrative procedure • Recognition • Protection against unauthorized use • Criminal and civil responsability

  21. Collective or Certification Marks • Marks which indicate that the goods and services on which they are used have specific qualities which may also include geographical origin • Owner of the mark (not user) to ensure the certified quality • Enforcement under general trademark law

  22. Problems in Obtaining Effective Protection in Other Countries • Unfair competition versus statutory protection point of view of users (not compliance with international agreements) • Generic character • Conflicts between TMs and GIs

  23. Administratives Schemes for Protection • To ensure fair trade and consumer protection • Administrative approval procedure to market some goods • Compliance of the product for which marketing authorization is sough with relevant legal requirements

  24. Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) • Background Documents • Possible solutions for conflicts between TMs and Gis and between homonymous GIs (SCT/5/3 - June 2000) • Historical background, nature of rights, existing systems of protection, obtaining protection abroad .. (SCT/8/4 - April 2002) • Definition of GIs (SCT/9/4 - Oct.2002) and SCT/10/4 - March 2003)

  25. Geographical Indications and the Internet • Joint Recommendation on the Protection of Industrial Property Rights in Signs • Second WIPO Domain Name Process

  26. Thank you Denis.croze@wipo.int