Geography Reference
In-Depth Information
geographical place is a GI or a generic term (eg Frankfurt sausages) registration
will be refused in both instances. Whether or not a given term is considered
generic is a matter of consumer perception and the applicable legal framework.
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In the European context it will be recalled that Council Regulation (EC) No
510/2006 of 20 March 2006 on the protection of geographical indications and
designations of origin for agricultural products and foodstuffs in Art 3(1)
provides that names that have become generic may not be registered and that
for the purposes of the Regulation, 'a name that has become generic' means the
name of an agricultural product or a foodstuff which, although it relates to the
place or the region where this product or foodstuff was originally produced or
marketed, has become the common name of an agricultural product or a
foodstuff in the Community. Article 3(1) requires that in establishing whether
or not a name has become generic, 'account shall be taken of all factors, in
particular: (a) the existing situation in the Member States and in areas of
consumption; (b) the relevant national or Community laws'.
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A national example of legislation on genericity is s 126(2) of the German
Trademark Law, which provides that 'names, indications or signs of a generic
nature shall not be eligible for protection as indications of geographical origin'.
This provision defines as designations of a generic nature those 'which -
although containing an indication of geographical origin within the meaning of
subsection (1) or being derived therefrom - have lost their original meaning and
serve as names of goods or services or as designations for or indications of the
kind, nature, type or other properties or characteristics of goods or services'.
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In the USA and Canada determinations of genericity in relation to wines are
delegated to government agencies.
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6.68
As regards multilateral agreements, the Lisbon Agreement and the TRIPS
Agreement contain references to generic terms. Article 6 of the Lisbon
Agreement provides that an appellation cannot be deemed to have become
generic, as long as it is protected as an appellation of origin in the country of
origin.
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See WIPO Secretariat, Addendum to Document SCT/6/3 Rev. (Geographical Indications: Historical Back-
ground, Nature of Rights, Existing Systems for Protection and obtaining protection in other Countries),
Standing Committee on The Law of Trademarks, Industrial Designs and Geographical Indications, Eighth
Session, Geneva, 27-31 May 2002, WIPO Doc., SCT/8/5 April 2, 2002, paras 37-8.
