Existing Approaches on the National and International Levels INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE Versailles, June 12 and 13, 2008 Existing Approaches on the National and International Levels Marcus Höpperger

Distinctive Signs Trademarks Trademark Functions Owned individually Distinguish goods and services Trademark Functions Source indication (abstract) Distinguishing function Guarantee function (abstract) Communication function (“branding”)

Collectively Used Signs Collective ownership Who is the collectivity? How is the ownership expressed? What is the function of collectively used distinctive signs? Examples

Distinctive Signs for Individual Use Trademarks (goods & services) Registered Unregistered (passing off)

Distinctive Signs for Collective Use Collective marks Certification marks Guarantee marks Geographical indications Sui generis (appellations of origin, indications of source, registered geographical indications0 Tort law (passing off, unfair competition) Administrative law (labeling regulations)

MEMBERS OF THE PARIS CONVENTION (173)

Paris Convention Article 1(2) and (3) Article 6ter (State emblems) Indications of source or appellations of origin “manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.” Article 6ter (State emblems) Article 7bis (Collective marks) Article 10 (Indications of source) Article 10bis (Unfair competition)

MADRID AGREEMENT (Indications of Source ) (35)

Madrid Union 82 members Agreement only 7 Protocol only 26 Agreement and Protocol 49 (Including EC)

STATES PARTY TO THE LISBON AGREEMENT (26)

The TRIPS Agreement WTO Members (152) Protection of Geographical Indications TRIPS Article 22 to 24 Negotiations Article 23.4 Doha Round

Preliminary Conclusion Individually owned distinctive signs Trademarks Broad common ground Collectively owned distinctive signs Different legal categories Variety of approaches Indication of geographical origin Big emotional potential

Emotion Geographical Indication = Emotion Branding = Emotion Branding with Geographical Indication = readily available emotion Second layer Quality “terroir”

The Issue Distinctive signs for collective use Collective use How is the use attributed? Who has the right to administer attribution? Can it be monopolized by an individual? Collective use Who defines conditions of use? Who looks after it? Quality control? Enforcement?

The Specification Boundaries of use Conditions of use Control of use Raw materials Processing Control of use Investment Emotion Positive Negative

The Big Challange Regulation of collective use at local, national and international levels Fair and equitable manner Prior users Prior rights Enable producers To trade on emotion To improve products Important spin-off effects Gastro tourism, regional identification, preservation of traditional knowledge

Collectively used signs Conclusion Collectively used signs Present challenges and potential Signs indicating geographical origin: Room for policy making multifunctionality Potenial Readily available emotion Emotion is the basis for reputation Reputation needs stewardship Reputation = Intangible Asset = (collective) Intellectual Property

INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE THANK YOU!