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Topic: Geographical indications law


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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 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.
Geographical indications are particularly important in Europe, where there has been a long tradition of associating certain food products with particular regions.
en.wikipedia.org /wiki/Geographical_indications_law   (1198 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.
Whether a sign functions as a geographical indication is a matter of national law and consumer perception.
WIPO is in charge of the administration of a number of international agreements which deal partly or entirely with the protection of geographical indications (see, in particular, the Paris Convention for the Protection of Industrial Property, and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration).
www.1000ventures.com /business_guide/ipr/geo_indications_main.html   (836 words)

  
 HPO - Geographical Indications - Védjegy
In case of infringement of the geographical indication (Section 110 APT) the proprietor or the lawful user of the geographical indication may commence proceedings before the court and may recourse to certain remedies determined by the law.
The concept of geographical indications is used generally as a collecting noun of all appellations which are used in order to identify the geographical origins of products in trade.
The geographical indication is to be cancelled, if the geographical indication has been registered, although it had not satisfied (Sections 105-106 APT) one of the requirements of registrability.
www.hpo.hu /English/foldrajzi_arujelzo   (671 words)

  
 Marks (Geographical Indications), Law, 15/04/1998, No. 84
Geographical indications of products shall be protected in Romania by their registration with the State Office for Inventions and Trademarks in accordance with this Law or with the international conventions to which Romania is party and may be used only by those persons who manufacture or market the products for which they have been registered.
Geographical indications protected now or in future under bilateral or multilateral agreements concluded by Romania shall not be subject to the registration procedure established by this Law.
Any use of marks or geographical indications contrary to honest practice in industrial or commercial activities, with an attempt to mislead consumers, shall constitute an act of unfair competition and shall be liable to imprisonment of between one month and two years or a fine of 15 million Lei.
www.wipo.int /clea/docs_new/en/ro/ro017en.html   (8277 words)

  
 Intellectual property - Open Encyclopedia
In law, particularly in common law jurisdictions, intellectual property is a form of legal entitlement which allows its holder to control the use of certain intangible ideas and expressions.
In civil law jurisdictions, intellectual property has often been referred to as intellectual rights, traditionally a somewhat broader concept that has included moral rights and other personal protections that cannot be bought or sold.
Outside of England, patent law was the subject of legislative protection in the Venetian Statute of 1474.
open-encyclopedia.com /Intellectual_property   (4618 words)

  
 IMC India - Geographical Indications and India
Geographical Indications are indications that identify a good as originating in the territory of a Party, 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.
Probably the only existing category of intellectual property rights that may be directly applied to the protection of traditional knowledge is that of geographical indications.
(iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.
india.indymedia.org /en/2005/03/210197.shtml   (1885 words)

  
 LAW OF GEORGIA ON APPELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS OF GOODS
This Law regulates the relations formed in connection with registration, protection and use of goods (services) appellations of origin and geographical indications.
If an appellation of origin or geographical indication registered in Georgia, or any name of the geographical are of Georgia is identical to an appellation of origin and geographical indication protected in the other country, then the rule of protection and conditions of use of said indication in Georgia is defined by the respective agreement.
The protection of the appellation of origin or geographical indication of a foreign country shall be canceled in respect to the rule defined by inter-state agreement.
www.sakpatenti.org.ge /eng/e-goods.htm   (2476 words)

  
 Thailand Law Firm, Registration of Geographical Indications in Thailand con.
Geographical indications that are contrary to public order, morality or policy; that are the same as the generic name of goods; and that mislead the public as to the origin, manufacturing methods or quality of the goods may not be registered in Thailand.
The foreign applicant must produce evidence verifying that the subject geographical indication is protected pursuant to the laws of the country of origin and still in use as of the date of the application is filed in Thailand.
The foreign person must be a citizen of and the foreign legal entity must be registered in a country that is a party TRIPs Agreement concerned with the protection of geographical indications and to which Thailand is also a party.
www.dlo.co.th /a_geo2.php   (315 words)

  
 Geographical Indications     International Trademark Association
Harmonious co-existence of geographical indications and trademarks is possible as long as conflicts between these rights continue to be resolved pursuant to the well-established intellectual property principles of territoriality, exclusivity and priority.
Geographical indications (GIs) are protected under the TRIPS Agreement as an intellectual property right and are under the jurisdiction of the World Trade Organization (WTO).
Article 22.1 of TRIPS defines geographical indications as “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 it’s geographical origin.”
www.inta.org /gis   (527 words)

  
 SICE - IP/National Legislation - Trinidad & Tobago
In the case of homonymous geographical indications for wines, protection shall be accorded to each indication, subject to paragraph (b) of section 4.
(b) before the geographical indication is protected in its country of origin, this Act shall not prejudice the registrability of or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.
geographical indication” means an indication which identifies a good as originating in the territory of a country, 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;
www.sice.oas.org /int_prop/nat_leg/Trinidad/GeoInd96.asp   (1711 words)

  
 The law of geographical indications
The protection of geographical indications in international law is examined first, as well as, in a later chapter, many of the bilateral or plurilateral agreements that have been concluded in recent years.
This book examines the interaction between laws for the protection of procedures and consumers, as well as the interaction between trademark law and the law for the protection of geographical indications.
Some of the most interesting debates on geographical indications are currently taking place at the international level within the context of WTO and bilateral negotiations.
www.tralac.org /scripts/content.php?id=3505   (128 words)

  
 Marks (Geographical Indications), Law, 1997, No. XI
Unless this Law or the non-contentious nature of the procedure indicates otherwise, the rules of the Code of Civil Procedure shall apply to the proceedings mutatis mutandis.
(2) Where this Law does not prescribe any time limit to remedy insufficiencies or to submit a statement, a time limit of at least 30 days shall be fixed which may be extended on request before the expiration of the period.
Collective consent may be replaced by a court decision under the general provisions of civil law.
www.wipo.int /clea/docs_new/en/hu/hu025en.html   (9749 words)

  
 Bulgaria - New Trademark and Geographical Indications Law
Appellations of origin, which were registrable under the previous law, require re-registration in accordance with the criteria of the new law.
Marks that are well-known in Bulgaria provide protection against identical or similar marks, even where the goods and services are not identical or similar to those of the registered mark, provided the junior mark derives unlawful benefits from the distinctive character and reputation of the senior mark or causes it harm.
(3) The law provides for new grounds to cancel a registration, including loss of the distinctive character of the mark causing it to become generic and descriptive and to mislead consumers, as well as bad faith.
www.ladas.com /BULLETINS/2002/0202Bulletin/BulgariaNewTrademarkLaw.html   (420 words)

  
 GEOGRAPHICAL INDICATIONS
It defines GIs as 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 characteristic of the good is essentially attributable to its geographical origin.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the WTO seeks to establish standards and norms for the protection of Geographical Indications (GIs) as an Intellectual Property.
A survey by the WTO Secretariat involving mainly developed countries led to the identification of three broad options: (a) laws focussing on business practices – using principles of unfair competition, (b) trademark law – allowing for certification marks, etc. and (c) creating a specific legislation for the protection of GIs.
commerce.nic.in /geographical_indications.htm   (594 words)

  
 intellectual property / patent trademark design copyright topographies
The protection of industrial property covers the fields of patent law, the protection of the topographies of semiconductor products, design protection, trademark law geographical indications of origin as well as protection against unfair competition.
The law specifies that the patented invention may be used within a defined geographical area only with the permission of the person who possesses the patent and that this protection shall be afforded for a maximum of 20 years.
Copyright law covers the rights which authors have to their works of literature or art.
www.ige.ch /E/institut/i11.shtm   (961 words)

  
 Law on marks and geographical indications
This Law governs the conditions and procedures for the registration of marks and geographical indications, the rights arising therefrom and the protection of those rights.
The State Register of Geographical Indications shall be kept by the Patent Office and shall contain data on all registrations of geographical indications, entries pertaining to users and all subsequent changes relating thereto.
The legal protection of a registered geographical indication shall be terminated where the relationship between the properties or peculiarities of the goods and the geographical environment no longer exists.
www.bpo.bg /en/law_marks.html   (8491 words)

  
 Geographical Indications
"Geographical indications" are also known as indications of source or appellations of origin.
A "geographical indication" is a sign assuring consumers that produce comes from, or has been processed in a particular region renowned for the quality of such produce.
"Indications of source or appellations of origin" are included in the definition of "industrial property" provided by art 1 (2) of the Paris Convention.
www.ipit-update.com /geogind.htm   (591 words)

  
 Geographical Indications and Designations of Origin: New Italian Law on Sanctions
A new Italian law that will come into force on 30 December 2004 provides for sanctions in application of European Regulation No. 2081 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (Legislative Decree No. 297 of 19 November 2004).
Geographical Indications and Designations of Origin: New Italian Law on Sanctions
The law indicates the amounts, and conditions for applicability, of sanctions for whoever uses in trade protected indications or designations of origin without the necessary authorisation, or makes a misleading use of protected indications or designations or signs registered according to the European Regulation.
www.sib.it /engsib/novita/tm/221204.htm   (165 words)

  
 Faculty of Law -
This course covers trade mark law, the common law action of passing off, the Trade Practices Act, and sui generis forms of protection - such as geographical indications, Olympic insignia, and authenticity marks.
- Contribution to current consideration of domain name management in relation to Geographical indications, names of international organisations, pharmaceutical terms and personal names, and analysis of the implications for trade mark law of the current ICANN rules.
- International harmonisation of trade mark law, in relation to well known marks, definition of trade mark use on the Internet, and trade mark licensing
law.anu.edu.au /scripts/course.asp?UnitID=208&printerfriendly=true   (410 words)

  
 Geographical Indications & Similar Signs
To meet its obligations under the TRIPS Agreement, [9] both houses of India’s Parliament passed “The Geographical Indications of Goods (Registration and Protection) Act of 1999,” which, as of the date of this writing, is expected to be enacted although the precise date is unclear.
Citing GI law provisions, the Czech Republic has successfully canceled Anheuser-Busch’s trademark registrations for BUDWEISER and/or BUD in Austria, Israel, Portugal, and Switzerland although Anheuser-Busch’s has been successful in protecting this mark in several other jurisdictions, recently, for example, in Russia with respect to their BUD mark.
“(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; or
www.ladas.com /Trademarks/GeographicIndications/Geogra.html   (1040 words)

  
 FAQs on Geographical Indications
This Act seeks to provide for the registration an better protection of geographical indications relating to goods in India.
When an unauthorized 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.
When the use of another geographical indication result in false representation to the public that goods originate in a territory in respect of which a registered Geographical Indication relates.
www.icar.org.in /faqs/ipr.htm   (754 words)

  
 Trademarks,copyright,industrial designs,domain names registration in India. Also Offers FREE Trademark Searches for registered indexes in selected classes - Mahtta Trademark Company
The Geographical Indications of Goods (Registration and Protection) Act, 1999 seeks to provide better protection to the goods which have become distinctive in terms of quality or uniqueness by virtue of it being available only from a particular geographical area.
Although it is very difficult to enforce the protection in every nook and corner of the world, France and Scotland have protected their geographical appellation rights for their most popular “Champagne Sparkling Wine” and “Scotch Whisky” from the Champagne District of France and Scotland respectively.
There are many cases where the products produced or manufactured in one corner of the world are also sold as “so and so of a particular place”.
www.mahtta.com /geographical.htm   (265 words)

  
 Frequently Asked Questions about Geographical Indications
Which of the geographical indication cannot be registered?
.the use of which would be likely to deceive or cause confusion or contrary to any law.
.which are determined to be generic names or indications of goods and are,
www.indianpatents.org.in /faqgeog.htm   (259 words)

  
 I/P Updates: INTA: Iraq Amends Trademark Law - News and Information for Intellectual Property Practitioners
(e-mail, v-card, resume) is an intellectual property attorney with a law firm in Atlanta, Georgia USA.
According to this month's INTA Bulletin, "The Coalition Provisional Authority (CPA) of Iraq issued a decree amending the Trademarks and Descriptions Law 21 of 1957.
INTA: Iraq Amends Trademark Law   ---   Click Here for More Updates     ---  
ip-updates.blogspot.com /2004/07/inta-iraq-amends-trademark-law.html   (199 words)

  
 Jordan's Foreign Trade Policy - About Us
Law No. (29) for the year 1999 amending Copyrights.
Law No. (20) for the year 2000 amending Law on Unifying Fees and Taxes No. (7) for the year 1997
Law No. (16) for the year 2000 amending Customs Law No. (20) for the year 1998 and its amendments
www.jftp.gov.jo /Laws.htm   (216 words)

  
 ag-ip-news.com (Intellectual Property News Agency)AGIPNEWS641
BEIRUT - The Lebanese Ministry of Economy and Trade has recently finalized a new draft law for trademarks and geographical indications, An-Nahhar newspaper reported.
'TMs, Geographical Indications' Draft Law Finalized in Lebanon
“The draft takes into consideration the latest developments in the field of trademarks and geographical indications and comes in conformity with the requirements of international agreements,” Minister of Economy and Trade Marwan Hamadah told participants at the International Trademark Licensing seminar which was held recently in Beirut.
www.ag-ip-news.com /getArticle.asp?Art_ID=641   (146 words)

  
 Geographical Indications
A review of the Geographical Indications Act 1994 was undertaken to consider issues relating to its operation in light of recent international developments.
Protection for Geographical Indications in New Zealand (Information Sheet)
The Act was passed in 1994 but has not entered into force.
www.med.govt.nz /buslt/int_prop/geog-ind   (108 words)

  
 Trade Law Centre for Southern Africa
Post Graduate Diploma in Trade Law and Policy Management
Bans, test and alchemy: Food safety standards and the Ugandan fish export industry
www.tralac.org   (83 words)

  
 Publications
The Protection of Layout-Designs of Integrated Circuits Law
Free Zones, Industrial Estates, Qualified Industrial Zones (QIZ) Law
www.midglobe.com.jo /publications.htm   (17 words)

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