Brussels Briefing n. 31 Geography of food: reconnecting with origin in the food system 15 th May Existing global and regional legal frameworks for origin-branding and protecting geographical indications and traditional products Marie-Paule Rizo, WIPO

World Intellectual Property Organization Geographical Indications as Distinctive Signs for Collective Use: Developing Brands for Origin-Products Marie-Paule Rizo Head of Industrial Design and Geographical Indication Law Section

Five multilateral treaties applicable to GIs: WIPO:Paris Convention for the Protection of Industrial Property(1883) Madrid Agreement on the Repression of False or Deceptive Indications of Source on Goods (1891) Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958) Madrid Agreement and Protocol for the International Registration of Marks (1891 and 1989) WTO:TRIPS Agreement (1994) International legal framework

The TRIPS Agreement « Members should provide the legal means for interested parties to prevent: the use of any means in the designation or presentation of a good that indicates or suggest that the good… originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; any use which constitutes an act of unfair competition… » General standard of protection (Art. 22.2)

How to protect GIs? Legislation on unfair competition Collective or certification marks Sui generis system Administrative systems (labelling, etc.)

Different modes of protection can complement each other ROQUEFORT (PDO)

Why protect GIs at the international level Where do you market the products identified by the GI? Territoriality principle in IP law

How to protect GIs at the international level? Bilateral treaties Regionally: EU, OAPI Multilateral treaties Madrid System for the International Registration of Marks Lisbon Agreement for the International Registration of Appellations of Origin

Lisbon Union: 28 Member States (on July 4, 2013) Africa (6) Algeria Burkina Faso Congo Gabon Togo Tunisia Asia (4) Georgia Islamic Rep. of Iran Israel DPR of Korea America (6) Costa Rica Cuba Haiti Mexico Nicaragua Peru Europe (12) Bosnia and Herzegovina Bulgaria Czech Rep. France Hungary Italy Moldova Montenegro Portugal Serbia Slovakia The FYR of Macedonia The Lisbon Agreement

France 509 Czech Rep. 76 Bulgaria 51 Italy 33 Hungary 28 Georgia 20 Cuba 19 Mexico 14 Peru 8 Algeria 7 Portugal 7 Tunisia 7 DPR of Korea 6 Slovakia 6 FYR of Macedonia 4 Serbia 3 Montenegro 2 Costa Rica 1 Israel 1 Moldova registrations – 803 in force

Establishes an international register for appellations of origin and a procedure for their registration Provides a definition of appellation of origin (Art. 2(1)): “the geographical denomination of a country, region or locality which serves to designate a product originating therein, the quality/characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.” The Lisbon Agreement Principles

Flexibility: in practice traditional appellations that have the “quality link” have been assimilated to appellations of origin: e.g. MUSCADET (Nº 279, wine, France) REBLOCHON (Nº 458, cheese, France) VINHO VERDE (Nº 564, wine, Portugal) The Lisbon Agreement Principles

Any sort of product may be designated by an AO: - natural products (e.g. mineral water, marble) Karlovarska Voda, Marble Lepenica - manufactured products (e.g. crystalware, porcelain) Joblonec, Herend - agricultural, food and handicraft products Fontina, Huile d’olive de Nyons, Bordeaux, Olinalá The Lisbon Agreement

International application INTERNATIONAL BUREAU Records in the International Register Publishes in Bulletin Appellations of origin Notifies other members OTHER MEMBERS examine 12 months REFUSAL 12 months NO REFUSAL = protection The Lisbon Agreement: General view of the procedure country of origin Appellation protected as such

States that have not refused a notified AO within 12 months from receipt of the notification must ensure protection of the appellation against usurpation or imitation, even if the true origin of the product is stated, or if the appellation is used in translated form or accompanied by a disclaimer or a delocalizer (“type”, “method”, “system”) cannot deem that the appellation has become generic as long as it remains protected as an appellation of origin in its country of origin The Lisbon Agreement Effects of international registration

Term: Protection of the appellation of origin in each member country that has not refused protection continues without renewal as long as the appellation is protected as such in its country of origin No renewal is required to maintain the international registration The Lisbon Agreement

Single instrument covering AOs and Gis: two definitions Single,high level of protection Substantive provisions applicable to both Accession Possibility for IGOs (e.g., EU) Revision of the Lisbon System

Development of the Lisbon system The work ahead: Diplomatic Conference for the adoption of a revised Lisbon Agreement in 2015?

Rule 9(4)(x) of the Common Regulation expressly provides for registration of collective or certification marks 1247 collective or certification marks registered 500 in classes 29 to 33 Madrid System

Madrid Union 1 Agreement only 34 Protocol only (including EU) 55 Agreement and Protocol 90 Members

basic registration Preconditionor basic application International application OFFICE OF ORIGIN checks correspondence with the basic application/ registration INTERNATIONAL BUREAU checks formalities records in the International Register publishes in the International Gazette notifies the designated Contracting Parties OFFICE OF DESIGNATED CP substantive examination 12/18 months prov.refusal 12/18 months no refusal = effect of a national registration General Overview of the Procedure

Madrid System NAPA VALLEY

Conclusion Collective signs indicating geographical origin: Multi-functionality Potential Readily available emotion Emotion is the basis for reputation Reputation needs stewardship Reputation = Intangible Asset = (collective) Intellectual Property Different concepts, different modes of protection

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