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World Intellectual Property Organization Geographical Indications In the International Arena The Current Situation Marcus Höpperger Acting Director Law.

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Presentation on theme: "World Intellectual Property Organization Geographical Indications In the International Arena The Current Situation Marcus Höpperger Acting Director Law."— Presentation transcript:

1 World Intellectual Property Organization Geographical Indications In the International Arena The Current Situation Marcus Höpperger Acting Director Law and International Classifications Division

2 WIPO Founded 1970 UN specialized Agency since Member States 24 International Agreements Promotion of protection of intellectual property worldwide

3 Paris Convention Member States

4 … has as its object … indications of source or appellations of origin (Article 1(2) PC) Industrial Property

5 … 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

6 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

7 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

8 Appellation of Origin (Lisbon) Geographical Indication (TRIPS) Indication of Source (Paris) Relationship

9 Interrelation between product and origin «Terroir» theory Wine and spirits Cheese, ham and cigars Watches and knives Geographical Indications

10 Protection against unfair competition (passing off) Collective or certification marks sui generis protection administrative systems of protection national level Types of Protection

11 Protection against unfair competition (passing off) e.g. Swiss Chalet Chocolate Types of Protection

12 Collective or certification marks e.g. Types of Protection

13 Madrid Agreement & Protocol 80 Countracting Parties

14 Collective and Certification Marks Rule 9(4)(x) of Common Regulations 1078 internationally registered collective or certification marks 364in classes 29 to 33 Madrid System

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16 sui generis protection e.g. protected appellations of origin and registered geographical indications Types of Protection

17 Lisbon Agreement 1958 for the Protection of Appellations of Origin and their International Registration 23 Member States

18 882 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

19 Administrative systems of protection e.g. certificates of label approval for alcoholic beverages Types of Protection

20 Individual rights e.g. Evian TM Geographical Indications Instrument for agricultural policy and organization for a market, e.g. quantitative regulations qualitative regulations protection of collective reputation

21 Geographical Indications Public law approach e.g. protected appellations of origin appellation dorigine controlée Lisbon countries Private law approach e.g. law against unfair competition, passing off, collective or certification marks

22 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

23 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

24 World Intellectual Property Organization Thank you


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