Geography Reference
In-Depth Information
cannot, in that country, be deemed to have become generic, as long as it is
protected as an appellation of origin in the country of origin.
(g) Enforcement
Article 8 of the Lisbon Agreement provides that legal action required for
ensuring the protection of appellations of origin may be taken in each of the
countries of the Lisbon Union under the provisions of national legislation:
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1.
at the instance of the competent Office or at the request of the public prosecutor;
2.
by any interested party, whether a natural person or a legal entity, whether public or
private.
5. The International Wine Organization
The idea for an international organisation to represent the interests of the wine
industry were prompted by the nineteenth century phylloxera epidemic. In
1922 the French Society for Encouraging Agriculture suggested the establish-
ment of the International Wine Organization. International conferences were
held in Genoa in 1923 and in Paris in 1924, and on 29 November 1924 Spain,
Tunisia, France, Portugal, Hungary, Luxemburg, Greece and Italy signed an
agreement establishing the 'International Office of Vine and Wine' (OIV) in
Paris. The OIV came into existence on 3 December 1927 after ratification
of the agreement by five countries. According to its constituent instrument of
1924, the OIV was responsible for ensuring the protection of appellations of
origin. In 1947 it adopted an initial definition of appellation of origin.
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On 4 September 1958 the organisation's name was changed to the International
Vine and Wine Office (
Office International de la Vigne et du Vin
) (OIV).
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In 1992, the OIV adopted two definitions 'Recognised Geographical Indica-
tion (RGI)' and 'Recognised Appellation of Origin (RAO)'
9
. In 1994 the OIV
adopted a resolution on the relationship between RAO and RGI and the
brands, which provides for an equal level of protection for brands, recognised
appellations of origin, recognised GIs and recognised traditional names. This
protection is determined by priority (of recognition, registration or usage
depending on the type of distinctive brand) while taking into account the
distinctive character and reputation.
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9
http://www.oiv.int/oiv/info/entableaucomparatifs.
