Geography Reference
In-Depth Information
C. REVIVAL OF THE LISBON AGREEMENT
1. Protocol to the Lisbon Agreement
As was noted above, the Lisbon Agreement 1958 failed to secure much support
beyond the countries of the Mediterranean. The failure of the negotiations in
the TRIPS Council to settle the operating principles as well as the details for a
multilateral system for the registration of GIs has led to an examination of the
possibility that the Lisbon Agreement might be modified to become an
acceptable registration option. Gervais (2010) has suggested a protocol to the
Lisbon Agreement as a means of achieving this result. The simplest approach
would be to 'establish a new international register, possibly limited to wines and
spirits, to be administered by WIPO, thus relying on the expertise of the Lisbon
staff ' and on WIPO's experience in administering international intellectual
property registration systems. (Gervais, 2010 at 121). The protocol would
mirror the current registration process but apply to GIs as defined in TRIPS
with no substantive protection norms and leaving it to the WTO dispute
system to deal with conflicts (Gervais, 2010 at 123). Alternatively, Gervais has
suggested a protocol that mirrors not just the administrative provisions of the
current Lisbon system but also the substantive GIs provisions of TRIPS,
including conflicts between GIs and trade marks (2010 at 124). To deal with the
extension issue, Gervais suggests that the register might contain two distinct
domains: one for wines and spirits for which TRIPS Art 23 protection would
apply; and one for all other products, for which TRIPS Art 22 protection would
apply (2010 at 125).
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2. WIPO proposals
In September 2008 the Assembly of the Lisbon Union established a Working
Group on the Development of the Lisbon System to explore possible improve-
ments to the procedures under the Lisbon System to make it more attractive for
users and prospective new members. Since 2009, the Working Group has
engaged in a full review of the Lisbon International Registration System
involving its possible extension to GIs in addition to appellations of origin.
Various sessions of the Working Group considered drafts of proposed changes
to the Lisbon System, culminating at its sixth session, in December 2012, in the
Working Group on the Development of the Lisbon System (Appellations of
Origin) requesting the International Bureau of WIPO to prepare a Draft
Revised Lisbon Agreement that would take the form of a single instrument
covering both appellations of origin and GIs and providing for a high and single
level of protection for both, while maintaining separate definitions, on the
understanding that the same substantive provisions would apply to both
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