The sui generis system, «ad hoc Laws of protection» The sui generis system concerns laws specifically aimed at protecting geographical indications. How are the rights established? Generally speaking protection is based on compulsory
African Intellectual Property Organization (OAPI) i. General description The Bangui Agreement, establishing the African Intellectual Property Organization (OAPI), applies directly in each Member State. It represents the “IP Law” of its Member States[1].
China i. General description In the People’s Republic of China GIs can be protected through trademarks or through sui generis system. The Trademark regime covers trademarks with geographical names for goods and
The European Union i. General description In the European Union GIs are protected through a sui generis system. ii. Legal framework Regulation (EU) No 1151/2012 of the European Parliament and of the Council
Canada i.General description In Canada Geographical Indications are protected through certification marks. The Trademarks Act contains specific rules concerning the protection of Geographical Indications for wines and spirits. ii. Legal Framework Trademarks
Australia i. General description Geographical indications are protected in Australia through trademarks. A sui generis regime is available only for wines and spirits. GIs can also be protected via common law tort of
Andean Community i.General description In the Andean Community (CAN) GIs are protected through a sui generis system. The rules are harmonized for all the Members States[1]. ii. Legal framework DECISION 486, of
Together with a sound multilateral legal framework for GIs (which must set-up in an transparent way a solid level of protection as a guarantee for businesses and consumers around the world), oriGIn encourages
From 2008 to 2015, oriGIn successfully campaigned for the revision of the WIPO Lisbon Agreement on the Protection of Appellations of Origin and their International Registration, in particular for its modernization and the
oriGIn believes that the ICANN process of attribution of new generic Top-Level Domains (gTLDs) – as well as the system of traditional gTLDs (.com, .int, .org, etc.) and of country code ccTLDs (“.ch”, “.ca”,
While at the WTO, negotiations on GIs have not taken place since 2014, oriGIn remains a strong supporter of GIs in the context of an open and rules-based multilateral trading system. 17/06/2020
oriGIn supports all effective mechanisms (court, out of court, opposition in the context of trademarks’ application, …) to enforce GIs rights. In this context, mechanisms of administrative protection, which make it easier and
The World Trade Organization (WTO) The World Intellectual Property Organization (WIPO)
Introduction Legal systems to protect Geographical Indications National Jurisdictions Africa Asia Europe North America Oceania South America Practical Information For more information on GI Protection systems at national level across the
