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Denis Croze Acting Director Advisor Economic Development Sector

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. Agreements/Terminology. Indications of source Paris Convention (1883)

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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

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