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Geographical indication - Wikipedia, the free encyclopedia In many countries the protection afforded to geographical indications by law is similar to the protection afforded to certain forms of intellectual property, and in particular, certification marks. Geographical indications are particularly important in Europe, where there has been a long tradition of associating certain food products with particular regions. Geographical indications law restricts the use of the GI for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from a particular area and/or meet certain standards. en.wikipedia.org /wiki/Geographical_indications_law   (1232 words)

IPR Primer: Geographical Indications (by WIPO) Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin. A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. If a geographical term is used as the designation of a kind of product, rather than an indication of the place of origin of that product, this term does no longer function as a geographical indication. www.1000ventures.com /business_guide/ipr/geo_indications_main.html   (836 words)

V. FINAL COMMENTS Geographical indications constitutes the only category of intellectual property rights defined so far which is unlimited in time and whose international protection depends -among others- on the fact that it shall be keep protected in its country of origin and shall not fall into disuse in that country. Geographical indications are expressions or symbols which permit the recognition of a product as originating in a certain country, region or locality, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. One of the main problems relating to the protection of geographical indications is that related to the uncertainty of the scope of the protection given by the TRIPS Agreement and their exceptions. www.southcentre.org /publications/geoindication/paper10-07.htm   (3855 words)

Protection for Geographical Indications in New Zealand Generally, a geographical indication is protected indefinitely, although Article 24 of the TRIPS Agreement provides that WTO Members are not required to afford protection to foreign geographical indications where the term has become "customary in common language as the common name for such goods and services". Article 22.1 of TRIPS defines "geographical indications" as "indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality or reputation or other characteristic of the good is essentially attributable to its geographical origin". Negotiations on a multilateral register for wine and spirit geographical indications are currently underway in the WTO, and are due to be completed by the time of the fifth Ministerial meeting of the WTO in September 2003. www.med.govt.nz /buslt/int_prop/info-sheets/geog-ind.html   (1377 words)

Trade Topics - Council for Trade-Related Aspects of Intellectual Property Rights The special protection for geographical indications for wines and spirits is thus limited to wines and spirits originating in the territory of a WTO Member. The registration procedure for geographical indications for wines and spirits in Canada includes opposition and publication procedures which are similar to those for applications for trademarks registration. Additional protection for geographical indications for wines and spirits is provided under the Trade-marks Act in compliance with the requirements of Article 23 of the TRIPS Agreement. www.agr.gc.ca /itpd-dpci/english/topics/tripscnd.htm   (1764 words)

Board Resolutions     International Trademark Association A geographical indication is a term which is given protection as an indication of geographical origin, such as New Zealand mussels, either sui generis as an appellation of origin or through unfair competition and/or consumer protection laws. The Portuguese government declared a “Torres Vedras” geographical indication, which, under a European Commission regulation on wine, would have resulted in prohibiting the use of the TORRES trademark since it was in conflict with a geographical indication. Importantly, a geographical indication is not a trademark with geographical significance, such as BOSTON MARKET for restaurants, nor is it a generic term such as Swiss cheese. www.inta.org /policy/res_geoindtms.html   (1193 words)

I. DEFINITIONS AND RELATED TERMS The concept of "geographical indication" is relatively new and was first introduced by WIPO during the discussions of a treaty for the international protection of names and symbols which indicate a certain geographical origin of a given product. Geographical indications are used typically on agricultural or related products (such as wines and spirits), but are not necessarily limited to these. A geographical indication is an expression that identifies the product as originating in a territory, region or locality, where a given quality, or reputation or other characteristic of the product is essentially attributable to its geographical origin. www.southcentre.org /publications/geoindication/paper10-03.htm   (2594 words)

Geographical Indication And Basmati - Abhay Nigam - (4th Year) Symbiosis Law College Geographical indication is notice of specific product originated or manufactured in the territory of country or region or locality in that territory where a given quality, reputation or other characteristics of such good is attributable to its geographical origin. under trips agreement also their is provision for geographical indications which provides that if any biological resource is traditionally attached with any region and if it is nourished their it will be deemed that it belongs to that place. In India the fiasco relating to basmati have compelled the government to take a serious notice of this right as it did not have written and published documentation that basmati should have geographical indication because their was a process by which basmati patent would be awarded to an American company rice tech. www.legalserviceindia.com /articles/basmati.htm   (758 words)

Geographical Indications of Goods [ Registration and Protection ] Act 1999 An application for registration can be made for registering a geographical indication by an association of persons or producers or any organisation or authority representing the interests of the producers of the concerned goods. A producer of the goods in respect of which a geographical indication has been registered may apply to the Registrar for registering him as an authorized user of such geographical indication. to the authorized user the exclusive right to the use of the geographical indication in relation to the goods in respect of which it is registered. www.naukri.com /lls/tm/gig.htm   (449 words)

gettext.pl?lang=en&num=79968881C19010216&doc=T&ouvert=T&seance=ARRET&where=() Indications of source, designations of origin and other designations referring to the source within the meaning of this agreement mean all indications which relate directly or indirectly to the source of a product. The indications of source protected under the bilateral convention, in particular the name Bud, were not however notified to the Commission within that period, which, for the Republic of Austria, expired on 30 June 1999. It would, moreover, be irrelevant whether that indication does in fact have a reputation or whether a person not entitled to do so had in fact exploited the reputation of that indication of source in the marketing of his products. europa.eu.int /jurisp/cgi-bin/gettext.pl?lang=en&num=79968881C19010216&doc=T&ouvert=T&seance=ARRET&where=()   (6588 words)

SCT/S1/6: Report The Delegation noted that the international framework for protection of geographical indications was at a preparatory stage and the fundamental framework for the protection of geographical indications remained to be agreed by the international community. The Delegation remarked that the mandate to address the issue of geographical indications in the DNS had been given to the Secretariat at a meeting in Sydney in 2000 and it was the Special Session’s responsibility to address this. As to who could own a geographical indication, the Delegation said that since such indications were collective use rights, only producers in the area of the geographical indication could use the name and concluded that the indication did not belong to a single person. www.wipo.int /documents/en/document/sct/sct_s1_6.htm   (13178 words)

US Dept of State - Implications of Article 23 Extension If a Member currently provides protection for geographical indications based primarily on a trademark system then it prevents use of a similar or identical name when that use is misleading or confusing to the public. Geographical indications to which exceptions in Article 24 do not apply already are provided sufficient protection under Article 22.2. Thus, the fact that some WTO Members have geographical indications for many products for which they seek additional protection, while other Members have only a few, if any, geographical indications for which such additional protection would apply is quite relevant to the extension discussion. usinfo.state.gov /ei/Archive/2003/Dec/31-988250.html   (3165 words)

TMEP Section 1203.04, Geographical Indication Which, When Used on or in Connection (BitLaw) Neither a disclaimer of the geographical designation nor a claim that it has acquired distinctiveness under §2(f) can obviate a §2(a) refusal if the mark consists of or comprises a geographical indication which identifies a place other than the origin of wines or spirits. See TMEP §§1203.02 and 1203.02(a) as to geographical designations that are deceptive under §2(a) of the Trademark Act, and TMEP §§1210.06 and 1210.07 as to geographically deceptively misdescriptive marks, under §2(e)(3) of the Act. It applies only to geographic indications that were first used in commerce on or after January 1, 1996, one year after the effective date of the legislation implementing GATT. www.bitlaw.com /source/tmep/1203_04.html   (286 words)

Jamaica Gleaner - Not for sale! Geographical Indication Act to protect brand name 'Jamaica' - Sunday March 28, 2004 To this end, Minister of Commerce, Science and Technology, Phillip Paulwell, noted that a Geographical Indication Act was passed by the Upper House on February 20, 2004. The Act allows any interested party to apply to the court to prevent the misuse of geographical indications in relation to the sale of goods. "The deliberate misleading use of a geographical indication constitutes a criminal offence punishable by a fine of up to $1 million and/or imprisonment for up to 12 months in the Resident Magistrate Court," said Ms. www.jamaica-gleaner.com /gleaner/20040328/lead/lead1.html   (299 words)

Blake, Cassels & Graydon LLP - Canada - Generic No More—Expanded Protection Of Geographical Indications In Canada (11/08/2004) from Mondaq Geographical indications, also known as appellations of origin, are names applied to products originating in a certain territory, region or locality, where the quality, reputation or other characteristic is essentially attributable to the products’ geographical origin, either alone or in tandem with the use of certain ingredients and/or manufacturing techniques. The reputation associated with the geographical indication is of vital importance, and false use of a geographical indication may be detrimental to both consumers and legitimate producers.... This service is completely FREE but for the full article and thousands of other articles from 100+ countries please tell us about yourself by registering (and yes, our lawyers like to think you've read our Disclaimer). www.mondaq.com /i_article.asp_Q_articleid_E_27773   (305 words)

US Dept of State - Proposal for a Multilateral System for Notification and Registration of Geographical Indications for Wines and Spirits Any geographical indication for wines or spirits established in accordance with national legislation is entitled to protection under Section 3 of Part II of the TRIPS Agreement, whether or not it is registered in the WTO database. In accordance with Article 23.3, the same or similar geographical indication for wines and spirits may be submitted by more than one WTO Member, provided the geographical indication is recognized by each notifying WTO Member in accordance with its national regime for protecting geographical indications for wines and spirits. Its provisions directly address the practical aspects of facilitating the protection of geographical indications for wines and spirits for all Members of the WTO to whom participation in the system is of interest. usinfo.state.gov /ei/Archive/2003/Dec/31-157125.html   (2014 words)

Keral.com The geographical indication is a sign used on goods that have a specific geographical origin and posses qualities or a reputation that are due to that place of origin. These spices are popular in the international markets by its geographical indication name and by registering them under the Geographical Indication Act 1997, the country can prevent other countries from selling their produce under these brand names. They point out the need to register these geographical indication names as transactions worth crores are taking place in these commodities in the international commodities market. www.keral.com /newsfeatures/spices   (346 words)

Frequently Asked Questions X When an unauthorised user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods. X When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates. A geographical indication is a public property belonging to the producers of the concerned goods. www.patentoffice.nic.in /ipr/gi/gi_faq.htm   (877 words)

Geographical Indications eographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. Operationalisation of Geographical Indications of Goods (Registration and Protection) Act, 1999 ipindia.nic.in /ipr/gi/geo_ind.htm   (184 words)

HPO - Geographical Indications - Geographical Indication When preparing the list of products, the product marked by a geographical indication is to be classified into a product class according to the Nice Agreement.E.g. After filing the application for registration of the geographical indication the Hungarian Patent Office (hereinafter referred to as "Office") examines, whether the application satisfies the requirements for according a day of application (Section 51 Point a) APT). The basic requirement of a geographical indication application is the list of products (Section 5 Subsection (1) Point d) of the Decree No. 16/2004. www.hpo.hu /English/foldrajzi_arujelzo/fold_eljar.html   (248 words)

Advanz Fidelis - What Is A Geographical Indication? A geographical indication usually consists of the name of the place of origin and to be protected, a product must therefore derive its qualities or reputation from that place. A geographical indication is a sign used on products produced in a certain place and which possess the characteristics, qualities or reputation of a certain place or region. It may be used by the owner to prevent unauthorized parties from falsely using a geographical indication to indicate as genuine a product with specific qualities and characteristics when they are in fact an imitation. www.advanz.com.my /what_are_gis.htm   (226 words)

International Food Law News (03-11) The US complained that the regulation did not allow the registration of non-EC geographical indications unless the geographical indication was from a country that offered geographical indication protection that was equivalent to that of the EC. On 2 October 2003, the Dispute Settlement Body agreed to established a panel to examine European Community rules on the protection of trademarks and geographical indications for agricultural products and foodstuffs. Australia argued that the EC regime was inconsistent with existing WTO rules prohibiting discriminatory treatment, did not give due protection to trademarks, and was overly complex and prescriptive. www.foodlaw.rdg.ac.uk /news/in-03011.htm   (191 words)

SCADPlus: Protected geographical indications and designations of origin The aim of the communication is to provide information to traders affected by the simplified procedure on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, with a view to registering at Community level the designations that already exist in the Member States. The new rules allow producer organisations to indicate that the product has been packaged in the production area, where packaging in the limited geographical area can be shown to be justified to safeguard quality and ensure traceability or control. The type of link between the product and the geographical location is more stringent in the case of the PDO designation, the quality or other characteristics being due essentially or exclusively to its geographical environment. europa.eu.int /scadplus/leg/en/lvb/l21097.htm   (1899 words)

PROTECTED GEOGRAPHICAL INDICATION Protected Geographical Indication (PGI oder P.G.I.) ist ein 1992 geschaffener und seither im gesamten EU-Rechtsraum gültiger und geschützter Begriff mit zugehörigem Siegel zur Kennzeichnung landwirtschaftlicher Produkte. Voraussetzung für die Erteilung des Siegels ist, dass das zu kennzeichnende Produkt in wenigstens einem der Schritte Produktion, Weiterverarbeitung oder Zubereitung einen klaren geographisch begrenzten Bezug aufweist und im Ruf besonderer Qualität steht. www.toonorama.com /encyclopedia/P/Protected_Geographical_Indication   (92 words)

I The first indication that we have so far of the presence of Israel as a political entity in Canaan to the west of the Jordan, is found on a stele erected at Thebes in Egypt by the Pharaoh Mer-ne-Ptah, around 1220 BC. HOROWITZ A. Preliminary palynological indications as to the climate of Deuteronomy, was geographically comprehensible, at the time it was compiled, for whoever knew the territory. www.harkarkom.com /exodustimeVERS1.htm   (3752 words)

rediff.com: Row over basmati far from over But Praveen Anand, a noted intellectual property rights attorney, says the issue of geographical indication is well documented in the WTO agreement on Trade Related Intellectual Property Rights, to which the US is a signatory. The APEDA chairman further clarified that efforts were on to strengthen India's case in other countries by classifying basmati varieties in terms of geographical indication. Yet, when it comes to countries other than the US, it is not that India has not won cases on the basis of geographical indication or common law. www.rediff.com /money/2001/aug/25rice.htm   (648 words)

The Week The Centre has patented the Aranmula mirror with the Geographical Indication tag. The tag identifies goods that have originated or are manufactured in a particular region, and the quality of which is attributable to their geographical origin. The little village of Aranmula is one place which lives up to the hype of Kerala tourism’s sales pitch of ‘God’s Own Country’. www.the-week.com /24sep12/currentevents_article3.htm   (1325 words)

GUIDELINES FOR FILING OF AN GI APPLICATION After a geographical indication is registered any person claiming to be the producer of the registered geographical indication can file an application for registration as an authorised user in Part B of the Register. The procedure for registration as an authorised user is similar to that for the registration of a geographical indication. If no objections is raised it would be accepted and would be advertised in the Geographical Indications Journal. www.patentoffice.nic.in /ipr/gi/gi_guidelines.htm   (289 words)

CARD Publications - Emerging Issues for Geographical Indication Branding Strategies The use of such “geographical indications” (or GIs) can involve unique quality characteristics associated with a particular location or quality images that are based on the history, tradition, and folklore in a region. In this paper we describe the benefits and pitfalls (such as the threat of new entrants, oversupply, the broadening of boundaries to include more producers, and limiting generic use of such names) of using GI branding strategies. We also focus on trademark issues germane to a company’s ability to (1) adopt GI-based trademarks as a means of gaining a competitive advantage and (2) protect the rights associated with such marks in order to sustain this source of competitive advantage. www.card.iastate.edu /publications/synopsis.aspx?id=567   (186 words)

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