Legal Info

Legal Systems to Protect GIs

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

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GI Protection in Africa

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].

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GI Protection in Asia

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

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GI Protection in Europe

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

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GI Protection in North America

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

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GI Protection in Oceania

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

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GI Protection in South America

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

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Bilateral/Plurilateral Agreements

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

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Internet Domain Names Environment

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”,

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World Trade Organization (WTO)

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

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Enforcement

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

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GI Protection in National Jurisdictions

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

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