3.5 - Geographical indications
Print this pageIntellectual property? Although various IP-treaties, such as the Paris Convention and the TRIPs Agreement, cover the protection of geographical indications, these rights are not intellectual property rights ‘stricto sensu’. They do not provide exclusive, transferable exploitation rights and cannot be licensed. The protection of geographical indications safeguards, on the one hand, collective public interests of certain regions and, on the other hand, stands for the protection of consumers against misleading use of geographical indications. It concerns a ‘species’ of the law on unfair commercial practices and unfair competition law in general, which justifies a limited discussion in the context of this work.
Paris Convention. Article 1(2) of the Paris Union Convention determines that the protection of industrial property also has “indications of source” or “appellations of origin” as its object as well as the repression of unfair competition. Article 10 then prescribes that it must be possible to seize goods for which a false indication of source is used on the importation thereof into a country where these indications are protected.
TRIPs. The TRIPs Agreement of 1995 has a separate section dealing with “geographical indications”. Section 3 contains three articles. Article 22(1) TRIPs learns that “geographical indications” are indications which – in short – identify a good as (i) originating in a certain region or locality, where (ii) “a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Article 22(2) TRIPs subsequently declares that Members “shall provide the legal means for interested parties to prevent (a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good; (b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).” Article 23 TRIPs further contains specific provisions for geographical indications for wines and spirits.
Madrid Agreement. Simultaneous with the conclusion of the Madrid Agreement Concerning the International Registration of 1891 the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods was also agreed upon. The number of contracting states is limited and totaled 36 countries, among which only a few EU countries (2018).
Lisbon Agreement. The same is basically true for the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958 with 28 contracting parties (2018).
3.5.1 - Agricultural products and foodstuffs
