WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) organized by the World Intellectual Property Organization (WIPO) and the Turkish Patent Institute Istanbul, September 13 - PowerPoint PPT Presentation

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WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) organized by the World Intellectual Property Organization (WIPO) and the Turkish Patent Institute Istanbul, September 13

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Title: WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs) organized by the World Intellectual Property Organization (WIPO) and the Turkish Patent Institute Istanbul, September 13


1
WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE
INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL
AND MEDIUM-SIZED ENTERPRISES (SMEs) organized by
the World Intellectual Property Organization
(WIPO) and the Turkish Patent Institute Istanbul,
September 13 to 15, 2011 Intellectual Property,
Branding and Marketing Geographical Indications,
Appellations of Origin, Collective Marks,
Certification Marks international systems for
legal protection
  • presented by Vladimir Yossifov, Consultant, IP
    Services

2
Terminology and Definitions many expressions
and even more definitions
  • Geographical indication - indication of
    geographical origin -?????????????? ???????? -
    protected geographical indication -
    Cografi göstergesi - Cografi kökeni göstergesi -  
    korunan cografi isaret
  • geographical designation - cografi tanimi -
    protected designation of origin - koruma altina
    alinmis mense
  • indication de provenance - denominación de
    origen - kaynak göstergesi - indication of source
  • appellation of origin - appellation dorigine
    controlée AOC - kontrol edilen orijinal adlar -
    ???????????? ????? ?????????????

3
Terminology and Definitions many expressions
and even more definitions
  • viticultural area - quality wine produced in a
    specified region - vin de pays - sarap ülke -
    table wine - sofra sarabi
  • denominación específica - özel isim - reserved
    description - ayrilmis açiklamasina
  • agricultural and food product certificate - tarim
    ve gida ürün sertifikasi
  • agricultural and food product label - tarim ve
    gida ürün etiketi
  • Country Of Origin Labeling (COOL) -
    Kökeni Etiketleme Ülke (COOL)

4
What is a Geographical Indication - GI
  • A geographical indication is a sign used on goods
    that have a specific geographical origin and
    possess qualities, reputation or characteristics
    that are essentially attributable to that place
    of origin. Very often, a geographical indication
    includes the name of the place of origin of the
    goods.
  • Agricultural products typically have qualities
    that derive from their place of production and
    are influenced by specific local factors, such as
    climate and soil. Geographical indications may be
    used for a wide variety of products, whether
    natural, agricultural or manufactured.
  • Whether a sign is recognized as a geographical
    indication is a matter of national law

5
What means INDICATIONS OF
PRODUCT ORIGIN
  • The European Union Regulation on agricultural
    products and foodstuffs (excluding all
    wine-sector products, except wine vinegar) from a
    defined geographical area.
  • A link between the characteristics of certain
    products and their geographical origin may
    qualify for either a protected geographical
    indication (PGI) or a protected designation of
    origin (PDO).
  • Use of corresponding EU symbols on the labels of
    such products provides consumers with clear and
    concise information on their origin.
  • Council Regulation (EC) No 510/2006 of 20 March
    2006 on the protection of geographical
    indications and designations of origin for
    agricultural products and foodstuffs.

6
What means INDICATIONS OF
PRODUCT ORIGIN
  • The European Union
  • a Protected Designation of Origin (PDO) covers
    the term used to describe foodstuffs which are
    produced, processed and prepared in a given
    geographical area using recognised know-how (such
    as Mozzarella di Bufala Campana),
  • a Protected Geographical Indication (PGI)
    indicates a link with the area in at least one of
    the stages of production, processing or
    preparation (such as the famous Spanish
    confectionery Turrón de Alicante ). The link
    with the geographical area is therefore stronger
    for PDOs.
  • see Council Regulation (EC) No 510/2006 of 20
    March 2006 on the protection of geographical
    indications and designations of origin for
    agricultural products and foodstuffs.

7
What means INDICATIONS OF
PRODUCT ORIGIN
  • The European Union
  • Directive 2000/13/EC on labelling, presentation
    and advertising of foodstuffs requires obligatory
    indication of the place of origin or provenance
    of the product (to avoid misleading the
    consumers)
  • see Directive 2000/13/EC of the European
    Parliament and of the Council of 20 March 2000 on
    the approximation of the laws of the Member
    States relating to the labelling, presentation
    and advertising of foodstuffs, as amended

8
What means INDICATIONS OF
PRODUCT ORIGIN
  • Term used in International Trade and Commerce
  • COO Country of origin is the country where
    goods shipped were produced. Usually the country
    of origin is the same as the country of
    departure. Also called country of provenance.
  • In the United States- Country Of Origin Labeling
    (COOL) is a legal requirement under the 2002 Farm
    Bill - This law requires retailers to provide
    country-of-origin labeling for many food products
    (fresh meat, fruits, nuts, vegetables).
  • Title X of Farm Security and Rural Investment
    Act of 2002, as amended on 29 September 2008

9
Geographical Indications - subject-matter of
protection
  • Indication of a Connection between
    Characteristics of Products and their
    Geographical Origin
  • Typicality
  • quality or characteristics of a product that make
    the product unique and which allow the product to
    be identified geographically
  • Reputation
  • degree of recognition by consumers of the
    typicality of products and
  • the collective goodwill that they represent on
    the market

10
Collective marks
  • Collective marks  signs which distinguish the
    geographical origin, material, mode of
    manufacture or other common characteristics of
    goods or services of different enterprises using
    the collective mark.
  • The owner of a collective mark may be
  • an association (of which those enterprises are
    members)
  • any other entity, including for example, a
    public institution or a cooperative.

11
Collective marks
  • A collective trade mark or collective mark is
    a trademark owned by an organization (such as an
    association), whose members use them to identify
    themselves with a level of quality or accuracy,
    geographical origin, or other characteristics set
    by the organization.
  • National trade mark laws in some countries (such
    as Finland, Germany, Hungary and Switzerland)
    provide for the filing of the regulations as an
    additional requirement for registration of the
    collective trade mark

12
Collective marks
  • The owner of a collective mark is responsible for
    ensuring the compliance with certain standards
    (fixed in regulations concerning the use of the
    collective mark) by its members. Hence, the
    function of the collective mark is to inform the
    public about certain particular features of the
    product for which the collective mark is used.
  • Collective marks are used to promote products
    which are characteristic of a given region.

13
Certification marks
  • Certification marks are given for compliance with
    defined standards, but are not confined to any
    membership.
  • Certification marks may be used by anyone who can
    certify that the products involved meet certain
    established standards.
  • WOOLMARK famous certification mark which
    certifies that the goods on which it is used are
    made of 100 wool.

14
Certification marks
  • The main difference between collective marks and
    certification marks is that
  • collective marks may only be used by a specific
    group of enterprises, e.g., members of an
    association,
  • while
  • certification marks may be used by anybody who
    complies with the standards defined by the owner
    of the certification mark.

15
Certification marks
  • Certification marks are given for compliance with
    defined standards, but are not confined to any
    membership.
  • Certification marks may be used by anyone who can
    certify that the products involved meet certain
    established standards.
  • WOOLMARK famous certification marks which
    certifies that the goods on which it is used are
    made of 100 wool.

16
Basis and Justification for Protection
  • Quality or Characteristics
  • Reputation
  • Link between the Geographical Origin and the
    Quality, Reputation or Other Characteristics of
    the Product

17
Approach to GI Protection
Around the World
  • Laws focusing on business practices
  • no specific protection of GIs, prohibit business
    practices based on misuse of GIs, e.g. laws on
    the repression of unfair competition, the
    protection of consumers, the labeling of
    products, health protection or food safety.
  • Sui generis legislation
  • Laws on GI and/or AO rules on specifically
    defined characteristics of the products or
    methods of their production and related to their
    origin
  • Trademark law
  • provisions protecting GIs against the
    registration and use as trademarks.
  • provisions protecting GIs by means of collective,
    certification or guarantee marks.

18
Approach to GI Protection
Around the World
  • Bilateral Treaties and Agreements
  • Bilateral treaties on GIs protect certain GIs
    (agreed list by product group) against all
    illegal commercial use and against use of
    delocalizing expressions.
  • The names of countries and cities cantons are
    granted absolute protection.
  • General provision preventing uses of indications
    of source which mislead the public. They also
    specify that GIs must be used in conformity with
    the law of the country of origin (re- application
    of the law of the country of origin).
  • Prohibit the illicit appropriation of an
    indication of source as a trademark.
  • Provision that an indication of source (GI)
    cannot be transformed into a generic name in the
    country where it is protected.

19
Recognition and Protection of a GI in other
countries
  • The basic criteria for protection of GI do not
    differ much at the national and regional levels
  • Obtaining protection abroad is always subject to
    recognition of the GI in the Country of Origin
    and the absence of earlier similar or identical
    registration of another distinctive sign e.g.
    mark or denomination
  • Protection is not automatic - must be requested
    by interested party

20
Scope of Protection what is prohibited by law
  • Use of a recognized GI
  • by a person not authorized to use it, without any
    test as to the nature of that use
  • which is "false", "incorrect", or "does not
    correspond to the place specified
  • which might mislead, deceive or create a false
    impression regarding the geographical origin of
    the products
  • Use damaging or exploiting the reputation,
    irrespective of whether the public is misled
  • on products which, while originating in the
    indicated area, do not meet the production or
    product requirements on which the use of the GI
    is conditional
  • Misuse, imitation or evocation, even with
    delocalising qualifiers
  • Acts contrary to "good practice" or "honest
    commercial practices
  • Conduct liable to mislead or deceive the public
  • Non-authorized use of reputation or goodwill

21
International Protection of GIs Recognized and
Protected in their Country of Origin
  • Paris Convention (1883) (Art 1 and 10)
  • Madrid Agreement (1891) (repression of false and
    deceptive indications)
  • Madrid Agreement and Protocol (1891, 1989)
    (international registration of marks)
  • Lisbon Agreement (1958)
  • Bilateral Agreements
  • TRIPS Agreement (1995)
  • Regional Agreements (European Union, OAPI, Andean
    Community, )

22
Lisbon Agreement for the Protection of
Appellations of Origin and their International
Registration of 1958
  • 27 Member States
  • Africa (6) - Algeria, Burkina Faso, Congo, Gabon,
    Togo, Tunisia,
  • America (6) - Costa Rica, Cuba, Haiti, Mexico,
    Nicaragua, Peru,
  • Asia (3) - Democratic People's Republic of Korea,
    Iran (Islamic Republic of), Israel,
  • Europe (12) - Bulgaria, Czech Republic, France ,
    Georgia, Hungary, Italy, Montenegro, Portugal,
    Republic of Moldova, Serbia, Slovakia, The
    former Yugoslav Republic of Macedonia,
  • Note Greece, Morocco, Romania, Spain, Turkey
    have signed, but not ratified the Lisbon Agreement

23
Lisbon Agreement what can be protected
  • Article 1(2) - recognized and protected in
    the Country of Origin
  • a product with a certain reputation, as defined
    in Article 2(2)
  • whose appellation meets certain qualifications,
    as defined in Article 2(1) and
  • is protected by virtue of some formal means (law,
    decree, judicial decision or registration)

24
Lisbon Agreement - definition of Appellation of
Origin
  • required qualifications (Article 2(1))
  • The geographical denomination of a country,
    region, or locality, which serves to designate a
    product originating therein, of which the
    quality or characteristics are due exclusively or
    essentially to the geographical environment,
    including natural and human factors

Definition of Country of Origin (Article 2(2))
Requirement of Reputation The country whose
name, or in which is situated the region
or locality whose name, constitutes the
appellation of origin which has given the
product its reputation
25
Lisbon Agreement Duration of Protection
  • The international registration of an appellation
    of origin assures its protection, without any
    need for renewal, for as long as the appellation
    is protected in its country of origin.
    (Articles 6 and 7)

26
Lisbon Agreement Scope of Protection
  • Unfair Competition (Article 4)
  • Article 4 confirms the protection that may
    already exist in a member country by virtue of
    other international instruments, national law or
    court decisions
  • Apart from usurpation or counterfeiting, there
    are a whole range of acts that may qualify as
    acts of unfair competition and are to be
    prohibited
  • (Records Lisbon Conference 1958, p.816)

27
Effect of Lisbon registration
  • Other countries will know the precise appellation
    of origin to be protected
  • These countries will be required to take position
    with regard to the appellation
  • They may refuse protection but, if they dont,
    they should, in principle, prevent the
    appellation from becoming generic (Records
    Lisbon Conference 1958, p.816-818)
  • Procedure for notification of invalidation
  • (Rule 16 Lisbon Regulations)

28
The TRIPS Agreement of 1995 153 Member States
  • Section 3 Geographical Indications Article 22 -
    Protection of Geographical Indications Article 23
    - Additional Protection for Geographical
    Indications for Wines and Spirits Article 24 -
    International Negotiations Exceptions
  • Definition - Art. 22.1
  • Geographical indications are 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

29
The TRIPS Agreement Level of protection
  • Minimum level - Art. 22
  • - Misleading/confusion test
  • - Unfair competition
  • Higher level of protection - Art. 23
  • wines and spirits
  • Outside TRIPS national laws, bilateral,
    regional and other multilateral agreements

30
The TRIPS Agreement Standards of Protection
(Article 22.24)
  • Basic Level of Protection - Art. 22.2-3
  • Interested parties must have legal means to
    prevent any use of GIs in the designation or
    presentation of a good which
  • misleads the public as to the geographical origin
    of the good
  • constitutes an act of unfair competition
    (Art. 10bis Paris Convention)
  • Refusal or invalidation of the registration of
  • a trademark which can mislead the public as to
    the geographical origin of products
  • deceptive geographical indications

31
The TRIPS Agreement Standards of Protection
(Article 23)
  • GIs for wines or spirits shall benefit from
    additional protection against ... Any use of the
    GI
  • which identifies a wine or a spirit not
    originating in the area indicated
  • even where the true origin of the good is
    indicated and
  • even where the GI is accompanied by expressions,
    e.g. kind, type, style, imitation
  • Countries allowed to opt for enforcement by
    administrative action only no requirement to
    show misleading of the public or act of unfair
    competition
  • Registration of trademarks not having the
    geographical origin indicated
  • Homonymous GIs (for wines)

32
The TRIPS Agreement Exceptions Art. 24
  • Generic terms (customary) (Art. 24.6)
  • For goods or services
  • For products of the vine for which indication is
    identical with name of a grape variety customary
    before 1995
  • Prior trademark rights (Art. 24.5)
  • Good faith before date of application of TRIPS in
    the WTO Member
  • Before the GI has obtained protection in its
    country of origin

33
The TRIPS Agreement Exceptions Art. 24
  • Certain other prior use (Art. 24.4) (grand-father
    clause)
  • Goods or services used at least 10 years before
    signature of the TRIPS Agreement or in good faith
    preceding that date
  • Personal names (Art. 24.8)
  • GIs not protected or used in their country of
    origin (Art. 24.9)

34
The TRIPS Agreement Multilateral Register (Art.
23.4)
  • Mandate and Objectives
  • In order to facilitate the protection of
    geographical indications for wines, negotiations
    shall be undertaken in the Council for TRIPS
  • concerning the establishment of a multilateral
    system of notification and registration of
    geographical indications for wines eligible for
    protection in those Members participating in the
    system

35
The ANDEAN COMMUNITY
  • ANDEAN COMMUNITY DECISION 486 on Common
    Intellectual Property Regime of (14.09.2000)
  • TITLE XII - GEOGRAPHICAL INDICATIONS, CHAPTER I
    - APPELLATIONS OF ORIGIN and CHAPTER II
    INDICATIONS OF SOURCE
  • 4 Member States - Bolivia, Colombia, Ecuador and
    Peru
  • country party to the Lisbon Agreement

36
The ANDEAN COMMUNITY ANDEAN COMMUNITY DECISION
486 on Common Intellectual Property Regime
(14.09.2000)
  • No independent or central regional registration
    office
  • Domestic Registration in Member States on the
    Basis of Common Legislation
  • Registration procedure (verification of the
    fulfillment of requirements both under Decision
    486 of the Andean Community and under the
    domestic legislation) is undertaken by the
    competent national Office of each Andean
    Community member State.

37
AFRICAN INTELLECTUAL PROPERTY ORGANIZATION (OAPI)
  • Bangui Agreement of February 24, 1999 revising
    the Bangui Agreement of March 2, 1977 Title I,
    Section II, Article 12 and Annex VI
    Geographical Indications
  • 16 Member States Benin, Burkina Faso, Cameroon,
    Central African Republic, Chad, Congo,
    Côte dIvoire, Equatorial Guinea, Gabon, Guinea,
    Guinea Bissau, Mali, Mauritania, Niger, Senegal
    and Togo.
  • 4 countries party to the Lisbon Agreement

38
AFRICAN INTELLECTUAL PROPERTY ORGANIZATION (OAPI)
Revised Bangui Agreement of February 24, 1999
  • Central Registration Office (OAPI)
  • Regional Registration on the basis of Unified
    Legislation
  • The sub-regional legal and regulatory framework
    established under the Revised Bangui Agreement
    enables products of a designated origin to be
    officially recognized with immediate effect
    across all the OAPI member States.

39
EUROPEAN UNION (EU) Council Regulation (EC) No
510/2006 of 20 March 2006 on the protection of
geographical indications and designations of
origin for agricultural products and foodstuffs
  • Provisions on agricultural products and
    foodstuffs (excluding all wine-sector products,
    except wine vinegar) from a defined geographical
    area.
  • If there is a link between the characteristics of
    certain products and their geographical origin,
    they may qualify for either a protected
    geographical indication (PGI) or a protected
    designation of origin (PDO).
  • PGI indicates a link with the area in at least
    one of the stages of production, processing or
    preparation.
  • PDO applied for foodstuffs which are produced,
    processed and prepared in a given geographical
    area using recognised know-how

40
EUROPEAN UNION (EU) Council Regulation (EC) No
510/2006 of 20 March 2006 on the protection of
geographical indications and designations of
origin for agricultural products and foodstuffs
  • Applications for registration of PDO or PGU may
    only be made by a group of producers or
    processors or, in exceptional cases, natural or
    legal persons.
  • Applications are made to the Member State on
    whose territory the geographical area is
    situated.
  • Where the Member State deems the application to
    be acceptable, it forwards the single document to
    the Commission together with a declaration
    stating that all the necessary conditions have
    been met.
  • Where an application for registration concerns a
    geographical area in a third country, it has to
    be sent to the Commission either directly or
    through the authorities of that country.

41
EUROPEAN UNION (EU) Council Regulation (EC) No
510/2006 of 20 March 2006 on the protection of
geographical indications and designations of
origin for agricultural products and foodstuffs
  • Within 12 months the Commission checks that the
    application is justified and that it meets all
    the necessary conditions. If the conditions are
    met, it publishes in the Official Journal of the
    European Union (OJ) the single document and the
    publication reference of the product
    specification.
  • Objections
  • Within six months from the date of publication in
    the OJ, any Member State, third country, natural
    or legal person having a legitimate interest may
    object to the registration proposed by lodging a
    duly substantiated statement.
  • Where there are no objections, the PDO or PGU
    will be registered.

42
WIPO manages two international registration
systems that facilitate protection abroad of
intellectual property rights in respect of
products with value-added from their geographical
origin, namely - the Lisbon System - designed
to facilitate the protection of appellations of
origin for products with unique characteristics
resulting from their geographical origin and
forming the collective goodwill and reputation
and - the Madrid System - which provides the
same facility for trademarks including collective
and certification marks consisting of or
containing a geographical indication. Lisbon and
Madrid Systems - applicable to all categories of
products
International Registration of GIs The Existing
Systems Lisbon and Madrid
43
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46
Renewed Interest in the Lisbon System
  • Increased in Membership since 1997
  • The WIPO Assembly established Working Group
  • to explore possible improvements to the
    procedures under the Lisbon Agreement
  • three meetings March 2009, September 2010 and
    May 2011

47
Lisbon 887 registrations - 813 in force
  • France 508
  • Czech Rep. 76
  • Bulgaria 51
  • Slovakia 37
  • Hungary 28
  • Italy 28
  • Georgia 20
  • Cuba 19
  • Mexico 11
  • Algeria 7
  • Portugal 7
  • Tunisia 7
  • DPR of Korea 6
  • Peru 4
  • Montenegro 2
  • Moldova 1
  • Israel 1

48
  • THANK YOU
  • Vladimir Yossifov, Consultant, IP Services
  • vladimir_at_yossifov.com
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