Geographical Indications In the International Arena The Current Situation

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Geographical Indications In the International
ArenaThe Current Situation

• Marcus Höpperger
• Acting Director
• Law and International Classifications Division

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WIPO

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

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Paris Convention 1883
171 Member States
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Industrial Property

• has as its object
• indications of source
• or
• appellations of origin
• (Article 1(2) PC)

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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)

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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 IndicationIndication 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

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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

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Relationship
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Geographical Indications

• Interrelation between product and origin
• Terroir theory
• Wine and spirits
• Cheese, ham and cigars
• Watches and knives

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Types of Protection
national level

• Protection against unfair competition (passing
  off)
• Collective or certification marks
• sui generis protection
• administrative systems of protection

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Types of Protection

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

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Types of Protection

• Collective or certification markse.g.

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Madrid Agreement Protocol
80 CountractingParties
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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

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Madrid System
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Types of Protection

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

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

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Types of Protection

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

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Geographical Indications

• Instrument for
• agricultural policy
• and organization
• for a market, e.g.
• quantitativeregulations
• qualitativeregulations
• protection ofcollective reputation

Individual rights e.g. Evian TM
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Geographical Indications
Public law approache.g. protected appellations
of origin appellation dorigine
controléeLisbon countries Private law
approache.g. law against unfair competition,
passing off,collective or certification marks
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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

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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

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Thank you

• www.wipo.int
• marcus.hopperger_at_WIPO.int