world intellectual property organization the importance of facilitating international protection...
TRANSCRIPT
World Intellectual
Property Organization
The importance of facilitating international protection
Lisbon, October 31, 2008
Maria Paola RizoSenior legal officer
Division of Law and International Classifications
WIPO
Why GIs?
Economic
– Tool to differentiate product in a competitive market
– Develop niche markets
– Price premia
Café Marcala
Kintamani Bali
Café de Colombia
Antigua
Ceylon tea
Darjeeling
Assam
Why GIs?
Contribute to preserve TK and folklore
Lamphun brocade Thai silk Olinalá
Why GIs?
Rural development potential
– Participation of local actors
– Reproduction of the social system
– Employment and level of income
(Sylvander, 2004)
Why GIs?
Reputation = intangible asset
Rooibos
Blue Mountain CoffeeSavon d’Alep
Argan oil
Protection
GIs: some challenges
• Fair and equitable regulation of collective use
• Inherent costs – certification and traceability systems
• Promotion
• Protection and enforcement
Threats
• Free-riding
• Registration as TM by a third party
• Becoming a generic term
Challenges of obtaining international protection
• Cost
• Complexity
different systems for protecting GIs around the world; need to adapt protection to each system
How to protect GIs at the international level?
• Bilateral treaties
• Multilateral treaties
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
– Madrid System for the International Registration of Marks
Principles and aims of the Lisbon and Madrid systems
• Special agreements under Article 19 of the Paris Convention -optional
• Aiming at facilitating the protection of trademarks and appellations of origin at the international level
• Aiming at facilitating the management of trademarks and appellations of origin after registration
Rule 9(4)(x) of the Common Regulation expressly provides for registration of collective or certification marks
1078 collective or certification marks registered
364 in classes 29 to 33
Madrid System
Madrid System
Madrid System
VINHO REGIONAL MINHO
Agreement only 7 Protocol only 28
Agreement and Protocol 49
(including EC)
Madrid Agreement and Protocol84 Contracting
Parties
Lisbon Agreement 26 Members States
• 882 appellations of origin registered
Olive oil of Nyons (FR), Parmigiano Reggiano (IT), Giant White Maize of Cuzco (PE), Muscat of Kelibia (TN)…
• Recent accessions
– Georgia (2004)– Peru (2005)– DPR Korea (2005)– Nicaragua (2006)– Iran (2006)– Montenegro (2006)
Lisbon Agreement
• GIs are IP rights with multifunctional character
• It is important to protect GIs – Use means which are available
• GIs do not function alone. Accompanied by:
– Active promotion
– Protection, nationally and internationally
– Enforcement of rights
Conclusion
Obrigado