REVIEW OF THE LISBON AGREEMENT FOR THE PROTECTION OF APPELLATIONS OF ORIGIN AND THEIR INTERNATIONAL REGISTRATION: LATEST DEVELOPMENTS Florence Rojal Legal Officer Lisbon Registry Brands and Designs Sector Tbilisi 13 November 2012

Chronology Establishment of a Working Group (WG) on the Development of the Lisbon system (Sept. 2008) 1st session of the WG (March 2009) 2 nd session of the WG (Aug-Sept 2010) -Survey on the possible improvements to the Lisbon system/ Study on the accession of regional organizations 3rd session of the WG (May 2011) -Draft provisions on certain matters addressed by the WG in the context of the review of the Lisbon system 4th session of the WG (Dec. 2011) -Draft New Instrument (DNI) and Draft Regulations (DR) 5th session of the WG (June 2012) -Amended DNI and DR

Working Group on the Development of the Lisbon System  The provisions of the draft new instrument concern:  Definitions for GIs and AOs  Procedures for international applications and registration  Scope of protection  Prior rights and prior use  Applications for trans-border GIs and AOs  Accession criteria for IGOs (e.g., EU, OAPI)  Revision Lisbon Agreement? New treaty?  Possible workshop on dispute settlement within the Lisbon system?

Outcome of the fifth session of the Working Group (June 11-15, 2012) Further discussions regarding the legal form of the DNI and its possible implications (Revised Lisbon Agreement, New Treaty/Protocol supplementing the Agreement) Revised and simplified versions of the DNI and the DR to be prepared by the Secretariat for its 6th session. Revised texts shall take due account of the observations made and incorporate alternative provisions and different options between brackets. Ex: -Separate instruments /independent GI and AO definitions -Single or dual level of protection / single or dual Register -Fee reduction for applicants from developing countries

Lisbon Union Assembly (October 2012)  Noted that the review of the Lisbon system was progressing well and that the Lisbon WG would consider, in December 2012, a revised draft new instrument concerning the international registration of GIs and AOs 

In particular, work will continue towards: 1. Revision of the Lisbon Agreement -Refinement of the Legal Framework -Accession Possibility for IGOs (e.g., EU) 2. Establishment International Registration System for GIs

Future Work Further meetings of the WG will be convened WG will continue to work towards a revision of the Lisbon Agreement and/or the conclusion of a new treaty or protocol supplementing the Lisbon Agreement Establishment of an electronic forum to allow participants to submit comments and drafting suggestions between the different sessions of the WG

Prospects 6th Session of the WG: December 3 to 7, 2012 Diplomatic Conference: within the 2014/15 biennium?

Means of Protection Flexibility

Definitions  GI:along the lines of Article 22.1 TRIPS  Non-geographical denominations with a traditional geographical connotation  Concept of « country of origin »  Intergovernmental organizations  Trans-border areas  AO: along the lines of Article 2 Lisbon

Scope of Protection Scope of Protection – the most difficult substantive issue Criteria that recognize the existence of different national systems Single level of protection for AOs and GIs

Prior Use  « A clear split, even though the divide might not be so deep »  Prior trademark rights and other prior rights  Generic terms

Questions on EU Participation in New Instrument Product Coverage EU Legislation on GIs and AOs Relationship between EU legislation and member state legislation on GIs and AOs? –What applies in respect of an agreement between one or more EU member state(s) with non-EU countries? –Do Lisbon registrations remain effective in individual EU member states that are party to Lisbon? Competent Authority for communicating with WIPO under the procedures of the New Instrument?

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