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Geographical Indications In the International Arena The Current Situation

Geographical Indications In the International Arena The Current Situation. Marcus Höpperger Acting Director Law and International Classifications Division. WIPO . Founded 1970 UN specialized Agency since 1974 184 Member States 24 International Agreements

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Geographical Indications In the International Arena The Current Situation

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  1. Geographical Indications In the International ArenaThe Current Situation Marcus Höpperger Acting Director Law and International Classifications Division

  2. WIPO • Founded 1970 • UN specialized Agency since 1974 • 184 Member States • 24 International Agreements • “Promotion of protection of intellectual property worldwide”

  3. Paris Convention 1883 171 Member States

  4. Industrial Property … has as its object … “indications of source” or “appellations of origin” (Article 1(2) PC)

  5. Industrial Property … “shall apply likewise to agricultural industries […] and to natural products, for example wines, grain, tobacco, leaf, fruit, cattle, minerals, mineral waters, beer, flowers and flour”. (Article 1(3) PC)

  6. Terminology • 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” • 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” • 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”

  7. TRIPS Agreement 1994 • Agreement on Trade-related Aspects of Intellectual Property • Integral part of the World Trade Organization (WTO) • 150 Members • Protection for “geographical indications”

  8. Relationship

  9. Geographical Indications • Interrelation between product and origin • «Terroir» theory • Wine and spirits • Cheese, ham and cigars • Watches and knives

  10. Types of Protection national level • Protection against unfair competition (passing off) • Collective or certification marks • sui generis protection • administrative systems of protection

  11. Types of Protection • Protection against unfair competition (passing off)e.g. Swiss Chalet Chocolate

  12. Types of Protection • Collective or certification markse.g.

  13. (Including EC) Agreement only 7Protocol only 23Agreement and Protocol 50 Madrid Agreement & Protocol 80 CountractingParties

  14. Madrid System Collective and Certification Marks Rule 9(4)(x) of Common Regulations 1078 internationally registered collective or certification marks 364 in classes 29 to 33

  15. Madrid System

  16. Types of Protection • sui generis protectione.g.protected appellations of originandregistered geographical indications

  17. Lisbon Agreement 1958for the Protection of Appellations of Originand their International Registration 23 MemberStates

  18. Lisbon Agreement • 882 internationally registered appellations of origin • (808 in force) • New accessions • Georgia (2004) • Peru (2005) • DPR Korea (2005) • Nicaragua (2006) • Iran (2006) • Montenegro (2006)

  19. Types of Protection • Administrative systems of protection e.g.certificates of label approvalfor alcoholic beverages

  20. Geographical Indications Instrument for agricultural policy and organization for a market, e.g. • quantitativeregulations • qualitativeregulations • protection ofcollective reputation Individual rights e.g. “Evian” TM

  21. Geographical Indications Public law approache.g. protected appellations of origin “appellation d’origine controlée”Lisbon countries Private law approache.g. law against unfair competition, passing off,collective or certification marks

  22. Multifunctional • Benefits for the rural economy, in particular less-favored or remote areas • “Agrotourism” • Improving incomes of farmers • Protection of products with identifiable geographical origin • Effects for “nation branding” • Protection of “reputation” = intangible value

  23. Concluding Remarks • Valuable intellectual property rights • Mulitfunctional • Means for product differentiation and identification • Need for • active marketing and promotion • positive protection in accordance with existing mechanisms and specific needs and requirements of all stake holders

  24. Thank you www.wipo.int marcus.hopperger@WIPO.int

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