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