Doha's Impact on TRIPS: Balancing Geographical Indications Protection Clark W. Lackert Chair, INTA International Amicus Committee and Partner, King & Spalding New York 1 May 2002
INTA: International Trademark Association INTA is a 124 year-old not-for-profit organization dedicated to the support and advancement of trademarks and related intellectual property concepts as essential elements of trade and commerce. INTA has over 4000 members in 145 countries. The association is global and crosses all industry lines, including manufacturers and retailers in industries ranging from aerospace to consumer goods. www. inta. org
INTA Panel Participants Clark Lackert Moderator, Partner, King & Spalding, New York
Doha Declaration 18. With a view to completing the work started in the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) on the implementation of Article 23. 4, we agree to negotiate the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits by the Fifth Session of the Ministerial Conference. We note that issues related to the extension of the protection of geographical indications provided for in Article 23 to products other than wines and spirits will be addressed in the Council for TRIPS pursuant to paragraph 12 of this declaration.
10 Different Issues on the GI -Trademark Balance
1. What are GIs? SWISS watches (GI) ü SWISS cheese (Generic) ü SWISS airlines (Trademark) ü
2. What are types of GIs? v Indications of Source v Appellations of Origin v Semi-generic
3. How are GIs Protected? n Unfair Competition n Trademark Law n Certification Mark Law n Local Registration n International Registration (Treaties)
4. What Treaties Protect GIs? Ø Paris Convention (1883) Ø Ø Madrid Agreement (1891) Lisbon Agreement (1958) TRIPs Agreement (1994) Regional (e. g. , EU 1992)
5. What Paris Convention Articles are Relevant? n Article 1 (2): Indications of Source and Appellations of Origin n Articles 9, 10 (2), 10 bis, and 10 ter: Unfair Competition
6. Which Madrid Agreement? n There are two Madrid Agreements, one on trademarks and one on false designations of origin
7. Why is the Lisbon Agreement Important? n n Principal GI Treaty n International Registration n Mandatory Phase Out of conflicting marks n TRIPs Issues n n n n n Algeria Bulgaria Burkina Faso Congo Costa Rica Cuba Czech Republic France Gabon Haiti Hungary Israel Italy Mexico Moldova Portugal Slovakia Togo Tunisia Yugoslavia
8. How Does TRIPs Change the Landscape? n Articles 22, 23, and 24 n Articles 2(2) and 16(1) n First in Time, First in Right
9. What is the INTA Position on Trademark/GI Conflicts? n n n Board of Directors Resolution (1997): First in Time, First in Right Critical Analysis of EU Foodstuffs Regulation (now in TRIPs Council) Concerned about international or national GI registers (other than registration of certification marks)
10. What is the Future of the GI-Trademark Balance? Global questions on the meaning of the TRIPs Agreement n Proliferation of national GI registration statutes n Need to address legitimate concerns of developing world indications n Ultimate balance between trademarks and GIs n
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