Geography Reference
In-Depth Information
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Article 2(2) provides that a 'geographical area of origin' as referred to in
subparagraph (1)(a) may consist of the entire territory of a Contracting Party or
a region or locality in a Contracting Party.
(b) Registration
Article 4 establishes an International Register to be maintained by the Inter-
national Bureau of WIPO, recording international registrations of appellations
of origin and GIs effected under this Act or under the Lisbon Agreement and
data relating to the status of such international registrations. Article 5(1)
requires these applications to be filed with the International Bureau.
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Article 5(2) provides that such applications may be filed in the name of: (i) the
natural and legal persons entitled, under the law of the Contracting Party of
Origin, to use the appellation of origin or the GI; or (ii) a legal entity which has
legal standing to assert the rights of such beneficiaries or other rights in the
appellation of origin or the GI, such as, for instance, a federation or association
representing the beneficiaries, or a group of producers representing them,
whatever their composition and regardless of the legal form in which they
present themselves.
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Article 5(4), which is yet to be agreed by all negotiating parties, provides that in
the case of a trans-border geographical area, the Contracting Parties concerned
may singly or jointly file an application as Contracting Party of Origin.
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Article 6(1) provides for an examination by the International Bureau that
formalities have been complied with.
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Article 6(2) provides that the date of the international registration shall be the
date on which the application was received by the International Bureau.
However, where the application does not contain particulars of the competent
authority in the Contracting Party responsible for the administration of the
Agreement; the applicant or applicants and, where applicable, the legal entity
referred to in Art 5(2)(ii); the appellation of origin, or the geographical
indication for which international registration is sought; or the good to which
the appellation of origin, or the geographical indication applies, Art 6(3)
provides that the date of the international registration shall be the date on
which the last of the missing particulars is received by the International Bureau.
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Still to be agreed by the negotiating parties are whether any fees are payable for
registration.
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