Geography Reference
In-Depth Information
where such name is used in such a manner as to mislead the public'. A similar
exception is provided by Art 13(4) for the use of legitimate terms in the course
of trade.
(f) Genericity
Article 11 proves that a denomination protected as a registered appellation of
origin or a registered GI in a Contracting Party cannot become generic as long
as the denomination is protected as an appellation of origin in the Contracting
Party of Origin.
2.207
(g) Duration of protection
Article 12 provides that notwithstanding Art 11, while international registra-
tions shall not be limited in time unless cancelled,
2.208
the protection of an appellation of origin or a geographical indication registered under
this Act shall cease in a Contracting Party in respect of which protection is renounced or
to the extent that the effects of the international registration are invalidated in a
Contracting Party or can no longer be invoked due to acquiescence.
(h) Legal remedies
Article 14 requires each Contracting Party to make available effective legal
remedies for the protection of appellations of origin and GIs registered under
this Act and provide that legal proceedings for ensuring the protection of
registered appellations of origin may be brought by a public authority or by any
interested party, whether a natural person or a legal entity and whether public or
private, depending on its national legal system.
2.209
(i) Refusal of registration
Article 15 provides that the International Bureau may refuse registration
provided that it notifies the reason for such refusal and that this refusal shall not
be detrimental to any other protection that may be available. Article 15(3)
requires the provision of a reasonable opportunity to interested parties to
present to its Competent Authority requests for the Competent Authority to
notify a refusal in respect of an international registration. Article 16 provides for
the withdrawal of a refusal and 'for a Contracting Party of Origin to enter into
negotiations with a Contracting Party in respect of which a refusal has been
recorded, in order to get the refusal withdrawn'.
2.210
(j) Prior use
Without prejudice to the possibility of refusal under Article 15, for example
where a denomination constituting an appellation of origin registered under
this Act, or an indication constituting a GI registered under this Act, was, prior
2.211
