1. 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

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

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

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

14. 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)

15. MEMBERS OF THE PARIS CONVENTION (173)

16. 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)

17. MADRID AGREEMENT (Indications of Source ) (35)

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

19. STATES PARTY TO THE LISBON AGREEMENT (26)

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

21. 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

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

23. 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?

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

25. 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

26. 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

27. INTERNATIONAL FORUM ON DISTINCTIVE SIGNS FOR COLLECTIVE USE THANK YOU!