Geography Reference
In-Depth Information
protected this form of intellectual property under trade mark, unfair com-
petition or consumer protection laws were locked out. Also the Agreement did
not make an exception for GIs, which had already become generic in Member
States.
(b) Protected indications
Article 2(1) of the Agreement defined 'appellation of origin' to mean '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'. The country of origin is defined in Art 2(2) as 'the country
whose name, or the country in which is situated the region or locality whose
name, constitutes the appellation of origin which has given the product its
reputation'.
2.23
(c) Breadth of protection
Article 3 of the Lisbon Agreement requires that '[p]rotection shall be ensured
against any usurpation or imitation, even if the true origin of the product is
indicated or if the appellation is used in translated form or accompanied by
terms such as “kind,” “type,” “make,” “imitation,” or the like'. As will be seen
below, this language was included in Art 23 of the TRIPS Agreement, to
provide for additional protection for wines and spirits. The Acts of the Lisbon
Conference define usurpation as the 'illicit adoption' or counterfeiting of an
appellation. 8
2.24
(d) Registration
Article 5(1) provided for the registration of appellations of origin at the
International Bureau of WIPO, at the request of the IP offices of the countries
of the Lisbon Union, 'in the name of any natural persons or legal entities, public
or private, having, according to their national legislation, a right to use such
appellations'. Thus international protection is based upon the existence of a
national registration.
2.25
Article 5(2) requires the International Bureau, without delay to notify the
relevant offices of the various countries of the Lisbon Union of such registra-
tions and for these to be published in a periodical.
2.26
Article 5(3) provides for an IP office of a Member country to 'declare that it
cannot ensure the protection of an appellation of origin whose registration has
been notified to it' provided that this is notified to the International Bureau of
2.27
8
Actes de la conférence reunie A Lisbonne du 6 au 31 octobre 1958 BIRPI, Geneva, 1963.
 
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