Presentation on theme: "Should the names of the States be included in Article 6ter of the Paris Convention?"— Presentation transcript:
Should the names of the States be included in Article 6ter of the Paris Convention?
Article 6ter of the Paris Convention The purpose of Article 6ter is to protect the armorial bearings, flags and other State emblems of the States party to the Paris Convention of 1883 The protection granted is also extended to other emblems, abbreviations and names of international intergovernmental organizations, of which one or more countries of the Paris Union are members Extend to include the names of the States?
Matters for Consideration Current Protection Unfair Advantage Scope of Protection Language Complexity Disputes
Current Protection A well established legal framework exists that prohibits the misuse of geographical identifiers International- Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) EU- Council Regulation (EC) No. 207/2009 National- Irish Trade Marks Act 1996 or equivalent
Other Protection Section 8(1)(c) of the Trade Marks Act 1996, equivalent to Article 7(1)(c) of Council Regulation, prohibits the registration of marks of descriptive character that designate the geographical origin of goods or services Section 8(3)(b) of the Trade Marks Act 1996, equivalent to Article 7(1)(g) of Council Regulation, prohibits the registration of marks of such a nature as to deceive the public of their geographical origin
Unfair Advantage Current registrations unlikely to be invalidated as protection under Article 6ter would be difficult to apply retroactively Unfair advantage to proprietors of existing registrations containing country names
Scope of Protection Variants of Nation titles IRELAND REPUBLIC OF IRELAND REP. OF IRELAND R.O.I. EIRE
Language Would protection be afforded in the six Official Languages of United Nations? Automatic extension to all languages ? Option to extend protection to other languages upon application?
Complexity How would provision be operated? Clear where case consists of State name only Complex in situations containing name Bank of Ireland Air France
Disputes A country designation claimed by one or more parties that may be a source of domestic or international tension or dispute Difficulties would arise for sovereign states in allowing an independent third party to form a legal determination to the proprietary rights to the title of their nation
Examples of Emblems protected in Ireland
Conclusion Extension of protection afforded by Article 6ter would be contentious Sufficient protection currently exists relating to unwarranted registration of country names Amendment to International Law not justified. Any such amendment would prove to be impractical