geographical indications in the international arena the current situation

World Intellectual

Property Organization

Geographical Indications In the International Arena

The Current Situation

Marcus HöppergerActing Director

Law and International Classifications Division

WIPO

• Founded 1970

• UN specialized Agency since 1974

• 184 Member States

• 24 International Agreements

• “Promotion of protection of intellectual property worldwide”

Paris Convention 1883171 Member States

… has as its object …“indications of source” or “appellations of origin”

(Article 1(2) PC)

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)

Industrial Property

• 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”

Terminology

• Agreement on Trade-related Aspects of Intellectual Property

• Integral part of the World Trade Organization (WTO)

• 150 Members

• Protection for “geographical indications”

TRIPS Agreement 1994

Appellation of Origin(Lisbon)

GeographicalIndication

(TRIPS)

Indication of Source(Paris)

Relationship

• Interrelation between product and origin

• «Terroir» theory

• Wine and spirits

• Cheese, ham and cigars

• Watches and knives

Geographical Indications

• Protection against unfair competition (passing off)

• Collective or certification marks

• sui generis protection

• administrative systems of protection

national levelTypes of Protection

• Protection against unfair competition (passing off)

e.g. Swiss Chalet Chocolate

Types of Protection

• Collective or certification marks

e.g.

Types of Protection

Agreement only 7Protocol only 23

Agreement and Protocol 50(Including EC)

Madrid Agreement & Protocol 80 Countracting

Parties

Collective and Certification MarksRule 9(4)(x) of Common Regulations

1078 internationally registeredcollective or certification marks

364 in classes 29 to 33

Madrid System

Madrid System

• sui generis protection

e.g.protected appellations of originandregistered geographical indications

Types of Protection

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

23 MemberStates

• 882 internationally registered appellations of origin– (808 in force)

• New accessions– Georgia (2004)– Peru (2005)– DPR Korea (2005)– Nicaragua (2006)– Iran (2006)– Montenegro (2006)

Lisbon Agreement

• Administrative systems of protection

e.g.certificates of label approvalfor alcoholic beverages

Types of Protection

Individual rightse.g. “Evian” TM

Geographical Indications

Instrument foragricultural policyand organizationfor a market, e.g.

• quantitativeregulations

• qualitativeregulations

• protection ofcollective reputation

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

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

• 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

Concluding Remarks

World Intellectual

Property Organization

www.wipo.int

marcus.hopperger@WIPO.int

Thank you