Geographical Indications In the International Arena The Current Situation Marcus Höpperger Acting Director Law and International Classifications Division

WIPO Founded 1970 UN specialized Agency since 1974 184 Member States 24 International Agreements “Promotion of protection of intellectual property worldwide”

Paris Convention 1883 171 Member States

Industrial Property … has as its object … “indications of source” or “appellations of origin” (Article 1(2) PC)

Industrial Property … “shall apply likewise to agricultural industries […] and to natural products, for example wines, grain, tobacco, leaf, fruit, cattle, minerals, mineral waters, beer, flowers and flour”. (Article 1(3) PC)

Terminology Indication of Source Appellation of Origin “Indication referring to a country or to a place situated therein as being the country or place of origin of a product” Appellation of Origin “The geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors” Geographical Indication “Indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”

TRIPS Agreement 1994 Agreement on Trade-related Aspects of Intellectual Property Integral part of the World Trade Organization (WTO) 150 Members Protection for “geographical indications”

Relationship

Geographical Indications Interrelation between product and origin «Terroir» theory Wine and spirits Cheese, ham and cigars Watches and knives

Types of Protection national level Protection against unfair competition (passing off) Collective or certification marks sui generis protection administrative systems of protection

Types of Protection Protection against unfair competition (passing off) e.g. Swiss Chalet Chocolate

Types of Protection Collective or certification marks e.g.

Madrid Agreement & Protocol 80 Countracting Parties Agreement only 7 Protocol only 23 Agreement and Protocol 50 (Including EC) Following the accessions by these seven countries and by the EC, the Madrid Union will have, on October 1, 77 members: 66 Contracting Parties to the Protocol and 56 to the Agreement. In this map are indicated, in light blue the 11 countries still bound only by the Agreement; in dark blue, the 45 countries which are bound by both treaties, and in green-blue the 20 countries which are bound only by the Protocol, to which should be added the European Community. As we can see, the Madrid system continues to expand in different regions in the world. Europe is still the region the most largely represented (with 42 Members). But the System has now also 19 members in Asia, 12 in Africa and 3 in the Americas. Altogether, the Madrid Union countries account today for more than half of the world population (3.1 billion people) (out of 6.1 billion). Their combined Gross Domestic Product represents about 2/3 of the world gross product. This means that the Madrid System is certainly offering a very attractive market for making business to all those who are entitled to use it.

Madrid System Collective and Certification Marks Rule 9(4)(x) of Common Regulations 1078 internationally registered collective or certification marks 364 in classes 29 to 33

Madrid System

Types of Protection sui generis protection e.g. protected appellations of origin and registered geographical indications

Lisbon Agreement 1958 for the Protection of Appellations of Origin and their International Registration 23 Member States

Lisbon Agreement 882 internationally registered appellations of origin (808 in force) New accessions Georgia (2004) Peru (2005) DPR Korea (2005) Nicaragua (2006) Iran (2006) Montenegro (2006)

Types of Protection Administrative systems of protection e.g. certificates of label approval for alcoholic beverages

Geographical Indications Instrument for agricultural policy and organization for a market, e.g. quantitative regulations qualitative regulations protection of collective reputation Individual rights e.g. “Evian” TM

Geographical Indications Public law approach e.g. protected appellations of origin “appellation d’origine controlée” Lisbon countries Private law approach e.g. law against unfair competition, passing off, collective or certification marks

Multifunctional Benefits for the rural economy, in particular less-favored or remote areas “Agrotourism” Improving incomes of farmers Protection of products with identifiable geographical origin Effects for “nation branding” Protection of “reputation” = intangible value

Concluding Remarks Valuable intellectual property rights Mulitfunctional Means for product differentiation and identification Need for active marketing and promotion positive protection in accordance with existing mechanisms and specific needs and requirements of all stake holders

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