World Intellectual Property Organization The importance of facilitating international protection Lisbon, October 31, 2008 Maria Paola Rizo Senior 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 silkOlinalá

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 Coffee Savon 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

VINHO REGIONAL MINHO

Madrid Agreement and Protocol 84 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