Geographical Indication Systems in the European Union
Explore the practices related to geographical indication systems discussed at the European Union WIPO SCT Geneva event in March 2017. Topics covered include protecting links between product, people, and place, registration systems, rights and ownership, respect for prior rights and territoriality, and practices regarding openness to non-EU applications. Learn about the key aspects of geographical indications and the processes involved in securing and utilizing them within the EU framework.
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Presentation Transcript
practices related to geographical indication systems: the european union wipo sct geneva 28 march 2017 Francis FAY Head of Unit Geographical Indications DG Agriculture and Rural Development European Commission
Protecting links between product, people and place 3 Link between 1. and 2. 2 Specific product + + = 1 Defined geographical area GI 2
Registration system 1. Product linked to territory Producer group: Writes specification Control system either certification or official controls Administrative process Check the area, the link between product and environmental/human factors or reputation Assess prior uses Opposition process Final decision: register or reject 3
Rights and ownership 1. Positive right Explicit right to use the registered name For any operator marketing authentic product (producer, cooperative, importer, distributor, wholesaler, retailer) Protection against wrongful uses: Absolute protection for registered name. Extended protection against specific misuses, including evocation and translations 4
Respect for prior rights and territoriality Territorial principle: integral to IP systems Generic terms cannot be registered Trade marks earlier in time : Either prevent registration or apply coexistence: Both GI and trade mark enjoy right of use All other trade mark rights unimpaired Plant varietals and animal breeds Either prevent registration or apply coexistence 5
Practices: openness to non-EU applications Direct applications welcomed No need for government intervention No need for government certification and control Must show GI is protected in its country of origin for the specific product Entry in EU Register gives right to use EU logos 6
thank you for your attention practices related to geographical indication systems: the european union wipo sct geneva,28 march 2017 Francis FAY Head of Unit Geographical Indications DG Agriculture and Rural Development European Commission francis.fay@ec.europa.eu
Protected designation of origin Protected geographical indication 9
