Geography Reference
In-Depth Information
appellations of origin and GIs.
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In advance of the seventh session of the
Working Group, a list of GIs of US products was circulated by the Organ-
ization for an International Geographical Indications Network (OriGIn)
(Mendelson and Wood, 2013). One function of this list may have been to
indicate to US negotiators the significance of GIs for US industry. The list
comprised various certification marks that had been registered in the US for
agricultural products.
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A Draft Agreement and associated Regulations were presented to the Seventh
Session of the Working Group, which was held from 29 April to 3 May 2013.
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The main provisions of this Draft Agreement are outlined below.
(a) Subject matter
Article 2(a) of the Draft Agreement provides that it applies in respect of:
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(i) any denomination protected in the Contracting Party of Origin consisting of or
containing the name of a geographical area situated in that Contracting Party, or a
term known as referring to such area, which serves to designate a good as
originating in that geographical area, where the quality or characteristics of the
good are [due] [attributable] exclusively or essentially to the geographical environ-
ment, including natural and human factors, and which has given the good its
reputation;
(ii) any indication protected in the Contracting Party of Origin which identifies a good
as originating in a geographical area situated in that Contracting Party, where the
quality, reputation or other characteristic of the good is essentially attributable to its
geographical origin.
Paragraph (b) of Art 2 defines denomination in (i) as 'appellation of origin' and
indications in item (ii) as 'geographical indication'.
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Footnote 1 provides that 'the geographical environment of the area of produc-
tion may be determined predominantly by natural factors or predominantly by
human factors'. Footnote 2 provides that the reputation of the good 'may serve
as evidence of the connection between the quality or characteristics of the good
and the geographical environment of the area of production' and footnote 3
provides that the reputation of the good 'may serve as evidence of the connec-
tion between the quality, reputation or other characteristic of the good and its
geographical origin'.
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WIPO Secretariat, 'Draft Revised Lisbon Agreement on Appellations of Origin and Geographical Indica-
tions', WIPO Doc, LI/WG/DEV/6/2, 28 September 2012.
94
WIPO Secretariat, 'Draft Revised Lisbon Agreement on Appellations of Origin and Geographical Indica-
tions', WIPO Doc, LI/WG/DEV/7/2, 22 March 2013.
