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World Intellectual Property Organization The Protection of Geographical Indications: the Context Marie-Paule Rizo Head of the Design and Geographical Indication Law Section WIPO
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Outline What are GIs ? Why GIs ? What products are GIs for? Some statistics around the world
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The Paris Convention Article 1(2) « The protection of industrial property has as its object… indications of source or appellations of origin… »
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The TRIPS Agreement indications which identify 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 GI : IP right for collective use The definition of GI (Art. 22.1)
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Appellation of Origin (Lisbon) Geographical Indication (TRIPS) Indication of Source (Paris) Terminology
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Why GIs? Differentiate a product in a competitive market Provide information on the origin of the product : help consumers to make their choice
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Why GIs? Local development potential Participation of local actors Reproduction of the social system Employment and level of income (Sylvander, 2004)
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Why GIs? Contribute to preserve traditional know-how and traditional cultural expressions Describe traditional processes Value and pass on traditional processes and expressions
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GIs for what products? Article 1(3) of the Paris Convention « Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour. »
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GIs for what products? Wines, spirits, foodstuffs, agricultural products
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GIs for what products? Handicrafts Olinalá boxes Mexico Chulucanas ceramics Peru Lamphun brocade Thai silk
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GIs for what products? Manufactured and industrial products Swiss watchesSolingen knivesBohemian crystal
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Lisbon Agreement Registrations in force: 803
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Distribution of non-food-product appellations (94) by country of origin
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Distribution of non-food-product appellations (94) by product
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Registered Geographical Indications in Brazil (40)* * GIs of Brazilian origin Source: INPI, Brazil
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Distribution of non-agricultural-product GIs in Brazil (13) Source: INPI, Brazil
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Registered Geographical Indications in India (193)* * Gis of Indian origian Source: Geographical Indications Registry, India
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Distribution of non-agricultural-product GIs in India (143) Source: Geographical Indications Registry, India
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Registered GIs in Colombia (19)* * Gis of Colombian origin Source: Superintendencia de Industria y Comercio
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Distribution of non-agricultural-product GIs in Colombia (9) Source: Superintendencia de Industria y Comercio
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Thank you
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