GEOGRAPHICAL INDICATIONS

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• GEOGRAPHICAL INDICATIONS
• PROTECTION IN LATIN AMERICA
• Second General Assembly
• China, November 2005

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Mexico

• The Industrial Property Law of 1991 represents
• the legal framework in force for the protection
  of
• appellations of origin. As well, this Law
• indicates that Geographical Indications can be
• protected by the following way
• Against acts of unfair competition

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• Against the ilegal use of it that can create
  confusion to the consumer
• By preventing the registration of marks which
  mislead the public as to the origin or source of
  the product or service and of marks purporting to
  register names of peoples or places characterized
  by the manufacture of certain products.

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• The Industrial Property Act can prohibit
  registration of a trademark referring
  Geographical Indication.
• Also its necessary to indicate that GIs could be
  protected as collective marks.

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• Some Geographical Indications protected
• in Mexico are
• Tequila
• Mezcal
• Café Veracruz
• Talavera (ceramics)
• Olinalá (ceramics)
• Ámbar de Chiapas (semi-precious stone)
• Bacanora
• Mango de Chiapas

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Central America and the Caribbean

• Most of Central America and the Caribbean
  countries have Industrial Property Laws within
  which protection is offer to Geographical
  Indications.
• However, there are some countries that have going
  deeper in the subject and others that needs to
  offers a greater protection to GIs.

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• Cuba
• Is one of the few countries that has an
• special law for the Geographical Indications.
• Costa Rica
• Protects the DO under the Trademarks and
• Distinctive Signs Act of 2000, but exist a rule
• proposal of the project of planification of the
• DO system for agro-alimentary products.

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• The countries of Guatemala, El salvador,
  Nicaragua, Honduras, Panama and Dominican
  Republic, regulates Geographical Indications and
  Appellations of Origin through their Industrial
  Property laws.

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Sur America

• In this region, there are countries that are
  working in legal norms that offers a greater
  protection to the GIs, but there are others in
  which is necessary to reinforce the importance
  that have the Geographical Indications like means
  for the development of the region.

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• Chile
• Has created a new Industrial Property Law
• of March of 2005, which indicates that
• protection to the GIs and DO will be give to
• all kind of products.
• Trinidad Tobago
• Rules the GIs under the Geographical
• Indications Law of 1996.

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• Venezuela
• Even though it has a Industrial Property
• Law (1955), the same one is inoperative
• and for this reason exist a law project of
• promotion and protection of the intelectual
• creativity in matters of Industrial Property,
• where will be included the GIs and the DO.

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• However, there are countries that offers a little
  protection to the GIs like for example Bolivia,
  that unders the Trade Code of 1977 indicates like
  a modality of the Industrial Property the DO,
  or Guyanas, that offers protection to the GIs
  under the legislation of manufacter or trade
  marks of 1956.

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• What is clear is that in the majority part of the
  Latin America and The Caribbean countries, the
  interest to protect the Geographical Indications
  is growing since they have been able to verify,
  or through themselves or through others, the
  benefits of count with a tool so useful like
  this.

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Thanks

• www.origin-gi.com
• info_at_origin.gi.com