Geography Reference
In-Depth Information
false or misleading indication' to a signatory country, or to a place in that
country 'shall be seized on importation'. Article 1(2) provided for seizure also 'in
the country where the false or deceptive indication of source has been applied,
or into which the goods bearing the false or deceptive indication have been
imported'. Where the laws of a country do not permit seizure upon importation
Art 1(3) provides that such seizure shall be replaced by prohibition of importa-
tion. In the absence of any special sanctions ensuring the repression of false or
deceptive indications of source, Art 1(5) provides that 'the sanctions provided
by the corresponding provisions of the laws relating to marks or trade names
shall be applicable'.
2.12
Article 2(1) provides that seizure shall take place at the instance of the customs
authorities, who shall immediately inform the interested party, whether an
individual person or a legal entity, in order that such party may, if it so desires,
take appropriate steps in connection with the seizure effected as a conservatory
measure. However, the public prosecutor or any other competent authority may
demand seizure either at the request of the injured party or ex officio ; the
procedure shall then follow its normal course. Excluded from seizure by Art
2(2) are goods in transit.
(b) Prohibited use of deceptive indications in advertising, etc
Article 3 bis provides that signatory countries undertake to prohibit the use, in
connection with the sale or display or offering for sale of any goods, of all
indications in the nature of publicity capable of deceiving the public as to the
source of the goods, and appearing on signs, advertisements, invoices, wine lists,
business letters or papers, or any other commercial communication.
2.13
(c) Exception of indications of name and address
Article 3 provides that the Madrid provisions shall not prevent the vendor from
indicating his name or address upon goods coming from a country other than
that in which the sale takes place; but in such case the address or the name must
be accompanied by an exact indication in clear characters of the country or place
of manufacture or production, or by some other indication sufficient to avoid
any error as to the true source of the wares.
2.14
(d) Generic indications
Article 4 permitted the courts of each signatory to decide what appellations, on
account of their generic character, do not fall within the provisions of the
Agreement. However, this article excluded from this reservation regional
appellations concerning the source of products of the vine. This provision
apparently explained why this Agreement failed to attract the accession of
significant trading nations such as the USA, Germany and Italy.
2.15
 
Search WWH ::




Custom Search