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Brussels Briefing n. 31 Geography of food: reconnecting with origin in the food system

Brussels Briefing n. 31 Geography of food: reconnecting with origin in the food system 15 th May 2013 http://brusselsbriefings.net Existing global and regional legal frameworks for origin-branding and protecting geographical indications and traditional products Marie- Paule Rizo , WIPO.

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Brussels Briefing n. 31 Geography of food: reconnecting with origin in the food system

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  1. Brussels Briefing n. 31 Geography of food: reconnecting with origin in the food system 15th May 2013 http://brusselsbriefings.net Existing global and regional legal frameworks for origin-branding and protecting geographical indications and traditional products Marie-PauleRizo, WIPO

  2. Geographical Indications as Distinctive Signs for Collective Use: Developing Brands for Origin-Products Marie-Paule Rizo Head of Industrial Design and Geographical Indication Law Section

  3. International legal framework Five multilateral treaties applicable to GIs: WIPO: Paris Convention for the Protection of Industrial Property(1883) Madrid Agreement on 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) Madrid Agreement and Protocol for the International Registration of Marks (1891 and 1989) WTO:TRIPS Agreement (1994)

  4. The TRIPS Agreement General standard of protection (Art. 22.2) « Members should provide the legal means for interested parties to prevent: • the use of any means in the designation or presentation of a good that indicates or suggest that the good… originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; • any use which constitutes an act of unfair competition… »

  5. How to protect GIs? • Legislation on unfair competition • Collective or certification marks • Sui generis system • Administrative systems (labelling, etc.)

  6. Different modes of protectioncan complement each other ROQUEFORT (PDO)

  7. Why protect GIs at the international level • Where do you market the products identified by the GI? • Territoriality principle in IP law

  8. How to protect GIs at the international level? • Bilateral treaties • Regionally: EU, OAPI • Multilateral treaties • Madrid System for the International Registration of Marks • Lisbon Agreement for the International Registration of Appellations of Origin

  9. Lisbon Union: 28 Member States(on July 4, 2013) Africa (6) Algeria Burkina Faso Congo Gabon Togo Tunisia Asia (4) Georgia Islamic Rep. of Iran Israel DPR of Korea America (6) Costa Rica Cuba Haiti Mexico Nicaragua Peru Europe (12) Bosnia and Herzegovina Bulgaria Czech Rep. France Hungary Italy Moldova Montenegro Portugal Serbia Slovakia The FYR of Macedonia The Lisbon Agreement

  10. 908 registrations – 803 in force • France 509 • Czech Rep. 76 • Bulgaria 51 • Italy 33 • Hungary 28 • Georgia 20 • Cuba 19 • Mexico 14 • Peru 8 • Algeria 7 • Portugal 7 • Tunisia 7 • DPR of Korea 6 • Slovakia 6 • FYR of Macedonia 4 • Serbia 3 • Montenegro 2 • Costa Rica 1 • Israel 1 • Moldova 1

  11. The Lisbon Agreement Principles • Establishes an international register for appellations of origin and a procedure for their registration • Provides a definition of appellation of origin (Art. 2(1)): “the geographical denomination of a country, region or locality which serves to designate a productoriginating therein, the quality/characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.”

  12. The Lisbon Agreement Principles Flexibility: in practice traditional appellations that have the “quality link” have been assimilated to appellations of origin: e.g. MUSCADET(Nº 279, wine, France) REBLOCHON (Nº 458, cheese, France) VINHO VERDE (Nº 564, wine, Portugal)

  13. The Lisbon Agreement Any sort of product may be designated by an AO: • natural products (e.g. mineral water, marble) Karlovarska Voda, Marble Lepenica • manufactured products (e.g. crystalware, porcelain) Joblonec, Herend • agricultural, food and handicraft products Fontina, Huile d’olive de Nyons, Bordeaux, Olinalá

  14. The Lisbon Agreement: General view of the procedure country of origin Appellation protected as such International application INTERNATIONAL BUREAU Records in the International Register Publishes in Bulletin Appellations of origin Notifies other members OTHER MEMBERS examine 12 months 12 months REFUSAL NO REFUSAL = protection

  15. The Lisbon Agreement Effects of international registration States that have not refused a notified AO within 12 months from receipt of the notification • must ensure protection of the appellation against usurpation or imitation, even if the true origin of the product is stated, or if the appellation is used in translated form or accompanied by a disclaimer or a delocalizer (“type”, “method”, “system”) • cannot deem that the appellation has become generic as long as it remains protected as an appellation of origin in its country of origin

  16. The Lisbon Agreement • Term: Protection of the appellation of origin in each member country that has not refused protection continues without renewal as long as the appellation is protected as such in its country of origin • No renewal is required to maintain the international registration

  17. Single instrument covering AOs and Gis: two definitions Single,high level of protection Substantive provisions applicable to both Accession Possibility for IGOs (e.g., EU) Revision of the Lisbon System

  18. Development of the Lisbon system The work ahead: Diplomatic Conference for the adoption of a revised Lisbon Agreement in 2015?

  19. Madrid System Rule 9(4)(x) of the Common Regulation expressly provides for registration of collective or certification marks 1247 collective or certification marks registered 500 in classes 29 to 33

  20. 1 Agreement only34 Protocol only (including EU)55 Agreement and Protocol 90 Members Madrid Union

  21. General Overview of the Procedure basic registration Precondition or basic application International application checks correspondence with the basic application/ registration OFFICE OF ORIGIN checks formalities records in the International Register publishes in the International Gazette notifies the designated Contracting Parties INTERNATIONAL BUREAU OFFICE OF DESIGNATED CP substantive examination 12/18 months 12/18 months prov.refusal no refusal = effect of a national registration

  22. Madrid System NAPA VALLEY

  23. Conclusion • Collective signs indicating geographical origin: • Multi-functionality • Potential • Readily available emotion • Emotion is the basis for reputation • Reputation needs stewardship • Reputation = Intangible Asset = (collective) Intellectual Property • Different concepts, different modes of protection

  24. THANK YOU! Mariepaule.rizo@wipo.int

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