The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications was adopted on May 20, 2015, marking a milestone in the intellectual property landscape.1 First and foremost, it’s important to note that this regulation officially took effect on February 26, 2020. Therefore, in this blog post, we will break down three related concepts and then provide a brief overview of the modifications introduced by this regulatory update.
An indication of source refers to any symbol or marker used to indicate that a product or service comes from a specific place. In simpler terms, it’s a way of saying, “This comes from this region.” On the other hand, geographical indications (abbreviated as GI) are symbols that identify products with a distinctive geographical origin and possess specific qualities, reputation, or characteristics primarily associated with that origin. GIs can be applied to various agricultural, industrial, and artisanal products.
In other words, an appellation of origin refers to a distinct place or production region that shapes the unique traits of products originating from that locale.
Likewise, an appellation of origin refers to the geographical name of a country, region, or specific place that designates a product originating therein. In this sense, the qualities or characteristics are exclusively or primarily due to the geographical environment, including natural, human, or both factors. An appellation of origin goes beyond “this comes from this region” to say “this comes from this region and for that reason is distinctive.”
In other words, an appellation of origin refers to a distinct place or production region that shapes the unique traits of products originating from that locale. Then, the qualities and reputation of the product must be linked to the place. In contrast, when dealing with indications of source, there doesn’t need to be a direct connection between the origin and the characteristics of the goods.
Differences between geographical indications and appellations of origin
Essentially, appellations of origin represent a specialized category within geographical indications (GIs). Both require a qualitative connection between the product and its place of origin, necessitating the product’s association with them. The key distinction lies in the strength of the connection with the place of origin, which must be more pronounced for an appellation of origin.
Specifically, the quality or characteristics of a product protected under an appellation of origin must predominantly or exclusively stem from its geographical origin. It typically entails sourcing raw materials from the place of origin and conducting product processing there. In contrast, geographical indications require only one criterion attributable to geographical origin: quality, characteristics, or the product’s reputation.
While the Lisbon Agreement exclusively pertains to appellations of origin, the Geneva Act broadens the scope of protection to include both geographical indications and appellations of origin.
The advantages of the Geneva Act
The Geneva Act of the Lisbon Agreement aims to allow holders of appellations of origin or geographical indications to submit a single application and pay fees for seeking protection across multiple jurisdictions. Applicants must pay annual fees to use the protected marks. However, they are not obliged to cover maintenance expenses in the country where they seek protection.
While the Lisbon Agreement exclusively pertains to appellations of origin, the Geneva Act broadens the scope of protection to include both geographical indications and appellations of origin. The Geneva Act also addresses trans-border appellations of origin and geographical indications, which originate from a geographic area spanning the territories of two adjacent Contracting Parties. These parties may submit joint or separate applications regarding these appellations of origin or geographical indications.
Countries can employ various approaches to safeguard appellations of origin and geographical indications. These methods include sui generis laws, specialized statutes designed exclusively for geographical indications and appellations of origin, trademarks, administrative provisions, and various legal mechanisms such as protection against unfair competition. The Geneva Act of the Lisbon Agreement permits the participation of specific intergovernmental organizations, thereby enhancing the inclusivity of the international protection system. This international treaty came into force through the accession of the European Union.
The Geneva Act provides enhanced protections for third-party rights. According to the October 31, 1958 Lisbon Agreement provisions, only national competent authorities had the right to submit applications for international protection of origin names. However, the Geneva version allows interested parties – including individuals, legal entities, or their representatives – to directly submit registration requests to the International Bureau of WIPO and utilize the abovementioned method.
On the other hand, individuals or entities whose interests may be affected by an international registration can request their national Competent Authority to issue a refusal of protection regarding that registration. This additional safeguard complements the traditional refusal of protection that the national Competent Authority could already issue for a specific international registration. Moreover, the act safeguards prior trademark rights, pre-existing use of generic terms, personal names in business, and rights rooted in a plant variety or animal breed denomination.
Ultimately, the Geneva Act fosters innovation, preserves cultural heritage, and facilitates fair trade practices worldwide.
Conclusions
The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications represents a significant advancement in global intellectual property protection. The act promotes inclusivity and transparency by expanding the scope of protection to include both geographical indications and appellations of origin. Its streamlined processes enable applicants to seek protection across multiple jurisdictions efficiently. Moreover, enhanced safeguards for third-party rights and the participation of intergovernmental organizations contribute to a fairer and more comprehensive international protection system. Ultimately, the Geneva Act fosters innovation, preserves cultural heritage, and facilitates fair trade practices worldwide.
- WIPO, Review of the Lisbon Agreement concerning the Protection of Appellations of Origin and their International Registration (1958), https://cutt.ly/9w2WUo3S website consulted on March 18, 2024. ↩︎
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