The Lisbon Convention for the Protection of Appellations of Origin and their International Registration, signed on 31 October 1958, ensures that appellations of origin are protected in the Member States if they are protected in their country of origin. It contains provisions on what constitutes an appellation of origin, safeguards and an international register of origin maintained by the World Intellectual Property Organization. The agreement entered into force in 1966 and was revised in Stockholm (1967) and amended in 1979 and 2015. As of May 2015, 30 States were parties to the Convention and 1000 appellations of origin had been registered. [1] The Headquarters Agreement with the State in whose territory the Organization has its registered office provides that that State shall grant advances if the working capital fund is insufficient. The amount of such advances and the conditions under which they are granted shall be the subject of separate agreements between that State and the Organization in each particular case. In May 2015, members of the World Intellectual Property Organization (WIPO) held a diplomatic conference that resulted in the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The Law amended the Lisbon Agreement (originally created in 1958) and extended its former protection of appellations of origin to geographical indications. The United States, which is still not a party to the Lisbon Agreement, strongly opposed the extension of the agreement to geographical indications. This Communication examines issues related to the Geneva Act, the legal situation and international agreements that lead to the law, as well as the potential benefits to the United States of acceding to the new Lisbon Agreement.
The agreements establish a Special Union under Article 19 of the Paris Convention for the Protection of Industrial Property (1883). [2] Some aspects of the Agreement have been replaced by the Agreement on Trade-Related Aspects of Intellectual Property Rights. 7. [Audit] The audit shall be carried out by one or more Member States of the Special Association or by external auditors in accordance with the Financial Regulations of the Organization. They shall be appointed by the Assembly with their consent. 4. [Possible joint application in the case of a cross-border geographical area] In the case of a geographical area of origin consisting of a cross-border geographical area, neighbouring Parties may, in accordance with their agreement, jointly submit an application through a jointly designated competent authority. “Organization” means the World Intellectual Property Organization; Half of the members of the Assembly who have the right to vote on a particular question shall have a quorum to vote on that question. Subparagraph (a) is subject to a declaration by the Party that its legislation permits it. Such declaration may be made by the Party at the time of deposit of its instrument of ratification or accession or at any later date. If the declaration is made on the date of deposit of its instrument of ratification or accession, it shall take effect in respect of that Contracting Party upon the entry into force of this Act. If the declaration is made to the Contracting Party after the entry into force of this Act, it shall take effect three months after receipt of the declaration by the Director-General.
From Swiss Gruyère to Mexican tequila, geographical indications and appellations of origin are a common feature of everyday life. Not only do they offer businesses the opportunity to leverage the value of their geographically unique products, but they also inform and attract consumers. Read more under “Geographical Indications – An Introduction”. Each Party shall be represented by one delegate who may be assisted by deputy delegates, advisers and experts. The Contracting Parties shall be members of the same special association as the States Parties to the Lisbon Convention or the 1967 Act, whether or not they are Parties to the Lisbon Convention or the 1967 Act. 3. [Obligation to Give Interested Parties a Chance] Each Party shall offer a reasonable opportunity to any person whose interests would be affected by an international registration. request the competent authority to notify a refusal of the international registration. `intergovernmental organisation` means an intergovernmental organisation which may become a party to this Act in accordance with point (iii) of Article 28(1); For matters concerning only States bound by the 1967 Act, Contracting Parties not bound by the 1967 Act shall not have the right to vote, while for matters concerning only Contracting Parties, only Contracting Parties shall have the right to vote. In particular, the International Bureau shall prepare meetings and provide secretariat for the Assembly and for all committees and working groups established by the Assembly. Where the name constituting a registered appellation of origin or the indication constituting a registered geographical indication is no longer protected in the Party of origin, the competent authority of the Party of Origin shall request the cancellation of the international registration. The Contracting Parties belong to the same Assembly as the States Parties to the 1967 Act.
(2) [Amendment of Certain Provisions of the Regulations] A right to a geographical indication allows persons entitled to use the indication to prevent its use by a third party whose product does not comply with the applicable standards. For example, in jurisdictions where the Darjeeling geographical indication is protected, Darjeeling producers may exclude the use of the term “Darjeeling” for tea that has not been grown in their tea gardens or that has not been produced in accordance with the standards set out in the Code of Conduct for Geographical Indications. determine which States, intergovernmental organizations and non-governmental organizations will be admitted as observers to their meetings; (2) [Fees for Other Entries in the International Register] The Rules of Procedure shall specify the fees to be paid for other entries in the International Register and for the production of extracts, certificates or other information on the content of the international registration. each Contracting Party which is a State shall have one vote and shall vote only in its own name; and “Party” means any State or intergovernmental organization that is a Party to this Law; Each Party may inform the Director General in a declaration that the protection resulting from the international registration is extended to it only if a fee is paid to cover its costs of examining the substance of the international registration. The amount of this individual fee must be indicated in the declaration and may be modified in other declarations. This amount shall not exceed the equivalent of the amount required by the national or regional legislation of the Party, less the savings resulting from the international procedure. In addition, the Party may notify the Director General in a declaration that it requires an administrative fee for the use of the appellation of origin or geographical indication in that Party by beneficiaries. .
