Lisbon Agreement For The Protection Of Appellations Of Origin

-September 25, 2021-

Lisbon Agreement For The Protection Of Appellations Of Origin

Mike Burroughs

The Lisbon Agreement on the Protection of Appellations of Origin and their International Registration was adopted in 1958 and revised in Stockholm in 1967. This contract is managed by the World Intellectual Property Organization (WIPO). At present, the agreement has 27 parties, seven of which are EU Member States (Bulgaria, Czech Republic, Hungary, France, Italy, Portugal and Slovakia). Article 2 of the Lisbon Agreement defines an appellation of origin as the geographical name of a country, region or place used to designate a product whose quality or characteristics are exclusively or essentially linked to the geographical environment, including natural and human factors. Consequently, the appellations of origin provided for in the Lisbon Agreement appear to belong to the broader category of `geographical indications` within the meaning of Article 22 of the TRIPS Agreement. Geographical indications (GIs) are also the term used to designate and protect a large number of characters (appellations of origin, appellations/appellations of origin, geographical indications), all of which are used to identify and protect products with particular characteristics because of their geographical origin. There are two essential conditions for an appellation of origin to be protected in the territories of all countries and Contracting Parties to the Lisbon Agreement: the appellation of origin should be recognized and protected as such in its country of origin and should then be registered with the International Bureau of WIPO. However, within one year of receipt of the declaration of registration, a Contracting Party may declare that it is not in a position to guarantee the protection of an appellation of origin the registration of which has been notified to the International Bureau of WIPO (Article 5.3). In the implementation of the agreement, the Lisbon system leaves its Member States a great deal of flexibility. Indeed, the system is neutral in relation to the legal means put in place by each Member State to protect the appellations of origin of the other Contracting Parties. In accordance with Rule 5(2), national protection may be ensured by laws, regulations or administrative provisions, judicial decisions or registration.

That is why the Lisbon Agreement shows a great capacity to accommodate a large number of national legal means, as they exist with regard to geographical indications. . . .

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