Geography Reference
In-Depth Information
(c) Protection of GIs and appellations of origin
Article 8 requires that 'each Contracting Party shall protect on its territory, in
accordance with the terms of this Act, appellations of origin and geographical
indications registered under this Act'. Still to be agreed by all the negotiating
parties is Art 9, which allows parties the freedom to choose 'the type of
legislation under which it establishes the protection stipulated in this Act'. As
we have seen above, this lack of agreement replicates the tension between those
countries which insist upon
sui generis
GIs protection and those which consider
that trade marks protection is sufficient.
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(d) Protection conferred by registration
Article 10(1) requires each Contracting Party, from the date of international
registration, to extend to the registered appellation of origin, or the registered
GI, protection against:
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(i) any use of the appellation of origin or the geographical indication in respect of
goods of the same kind as those to which the appellation of origin, or the
geographical indication, applies not originating in the geographical area of origin
or not complying with any other applicable requirements for using the appellation
of origin, or the geographical indication, or which would be detrimental to, or
exploit unduly, its reputation, even if the true origin of the goods is indicated or if
the appellation of origin, or the geographical indication, is used in translated form
or accompanied by terms such as 'style', 'kind', 'type', 'make', 'imitation', 'method', 'as
produced in', 'like', 'similar', or the like;
(ii) any other practice liable to mislead the consumer as to the true origin, provenance,
nature, quality or characteristics of the goods.
(e) Trade marks
The negotiating parties have not yet agreed on the details of the relationship
between trade mark rights and GIs and appellations. They are considering two
options to refuse or invalidate the registration of a trade mark which contains or
consists of a registered appellation of origin, or a registered GI where goods do
not originate in the geographical area of origin. Also to be agreed is a
presumption of unlawful use under para 10(2) where a registered appellation of
origin, or a registered GI, is used in respect of goods of the same kind as those to
which the appellation of origin, or the GI, applies.
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Article 13, when agreed, will preserve prior trade mark rights and prior rights in
relation to a 'denomination constituting an appellation of origin, or an indica-
tion constituting a geographical indication, registered under this Act'. Similarly
Art 13(3) preserves the right of any person to use, in the course of trade, that
person's name or the name of that person's predecessor in business, 'except
