Atlas - Protection of Denominations of Origin Douro and Port
Hereby we present you the Atlas.
We kindly invite you to dive in the world of law on Geographical Indications. Beautiful creation of human minds to put in the legal frames what humankind has been doing for centuries and generations: use the advantages of the region where they lived to create something unique and one of the kind. Passing on the knowledge on how they perfect production of certain product from generation to generation; creating consortias for better organization and control of the quality of the product. Finally, creating the laws to protect national geographical indications, creating international treaties and bilateral agreements to ensure the protection will spread worldwide.
Have fun with it, discover the world of GIs, gain knowledge on protection system of GIs in each country. Please, don’t forget about the economic and cultural context of the region and history of each country that had major influence on the law.
Disclaimer
Please note that:
The information provided in the Atlas cannot be used as a legal advice.
Sources: WIPO Lex, direct contact with relevant institutions of each country, in some cases the national websites. Research was conducted in English, Spanish and Portuguese. Translations from other languages was made by automatic translation tool.
The research was conducted between 20.12.2017 and 04.05.2018
| Country: | Afghanistan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Albania |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Stabilisation and Association Agreement from 2009 |
| IVDP names: | Douro, whether or not preceded by Vinho do or Moscatel do: Baixo Corgo, Cima Corgo, Douro Superior and Port Wine under following names: Port, Porto, Oporto, Portwein, Portvin, Portwijn, Vin de Porto, Port Wine. |
| Country: | Algieria |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Andorra |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Registration: | Yes |
| Country: | Angola |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Antigua and Barbuda |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Argentina |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Armenia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Australia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Community and Australia on trade in wine from 2009 |
| IVDP names: | Porto, Vinho do Porto, Vin de Porto, Porto, Port Wine, Oporto, Portwein, Portvin, or Portwijn, and Douro, whetever or not followed by Vinho do or Moscatel do: Baixo Corgo, Cima Corgo, Douro Superior. |
| Registration: | Yes |
| Country: | Austria |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Azerbaijan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Bahrain |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Bangladesh |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Barbados |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Belarus |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Registration: | Yes |
| Country: | Belgium |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Belize |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Union and Central America from 2012 |
| Registration: | Yes |
| Country: | Benin |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Bhutan |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Registration: | Yes |
| Country: | Bolivia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina |
| Registration: | Yes |
| Country: | Bosnia and Herzegovina |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Interim Agreement between EU and Bosnia and Herzegovina from 2008 |
| IVDP names: | Douro, whetever or not proceded by "Vinho do" or "Moscatel do": Baixo Corgo, Cima Corgo, Douro Superior, and Port Wine under following names: Port, Porto, Oporto, Portwein, Portwijn, Vin de Porto, Port Wine, Vinho do Porto. Based on Lisbon Agreement, prot |
| Registration: | Yes |
| Country: | Botswana |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Brazil |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Commercial Treaty between Portugal and Brazil from 1933 |
| IVDP names: | Porto |
| Registration: | Yes |
| Country: | Brunei Darussalam |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Bulgaria |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Burkina Faso |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Burundi |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Cambodia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Cameroon |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Canada |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Community and Canada on trade in wines and spirit drinks from 2004 |
| IVDP names: | Douro, Vinho do Douro, Moscatel do Douro, and Port Wine under following names: Port (*), Porto (*), Oporto, Portwein, Portvin, Portwijn, Vin de Porto (*), Port (*) Wine, Vinho do Porto (*). (*) protected from 31 December 2013. |
| Registration: | Yes |
| Country: | Central African Republic |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Chad |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Chile |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an association between the European Community and Chile from 2002 |
| IVDP names: | Porto, Port, Oporto, Portwein, Portvin, Portwijn and Douro Favaios. |
| Country: | China |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Colombia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina; Trade Agreement between EU and Colombia and Peru from 2012 |
| IVDP names: | Douro, Porto, Port or Oporto. |
| Registration: | Yes |
| Country: | Comoros |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Cook Islands |
| Paris Convention: | Yes |
| Country: | Costa Rica |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Union and Central America from 2012 |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Ivory Coast |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Croatia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Cuba |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Cyprus |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Czech Republic |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Democratic Republic of Congo |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Denmark |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Djibouti |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Dominica |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Dominican Republic |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Ecuador |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina |
| Registration: | Yes |
| Country: | Egypt |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Registration: | Yes |
| Country: | El Salvador |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Union and Central America from 2012 |
| IVDP names: | Porto, Port, or Oporto, and Douro. |
| Registration: | Yes |
| Country: | Equatorial Guinea |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Eritrea |
| No recognition: | Yes |
| Country: | Estonia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Ethiopia |
| TRIPS Agreement: | observer |
| Country: | Fiji |
| No recognition: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Finland |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | France |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Gabon |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Gambia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Georgia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and Georgia from 2012 |
| IVDP names: | According to the agreement between Georgia and EU protected are the following: Porto, Vinho do Porto, Vin de Porto, Port, Port Wine, Oporto, Portwein, Portwin, Portwijn, and Douro (wheter or not followed by Baixo Corgo or Cima Corgo or Douro Superior) or |
| Registration: | Yes |
| Country: | Germany |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Ghana |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Greece |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Grenada |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Guatemala |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and Central America from 2012 |
| Country: | Guinea |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Guinea-Bissau |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Guyana |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Haiti |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Honduras |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and Central America from 2012 |
| Country: | Hong Kong |
| Country: | Hungary |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Iceland |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | India |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Passing off: | Yes |
| Country: | Indonesia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Iran |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Country: | Iraq |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Ireland |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Israel |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Italy |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Jamaica |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Japan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Registration: | Yes |
| Country: | Jordan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Kazakhstan |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Registration: | Yes |
| Country: | Kenya |
| TRIPS Agreement: | Yes |
| Country: | Kiribati |
| No recognition: | Yes |
| Country: | Kuwait |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Kyrgyzstan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Laos |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Latvia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Lebanon |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Lesotho |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Liberia |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Libya |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Liechtenstein |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Lithuania |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Luxembourg |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Macao |
| TRIPS Agreement: | Yes |
| Country: | Macedonia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Madagascar |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Malawi |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Malaysia |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Maldives |
| No recognition: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Mali |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Malta |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Marshall Islands |
| No recognition: | Yes |
| Country: | Mauritania |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Mauritius |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Mexico |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Micronesia |
| No recognition: | Yes |
| Country: | Moldova |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and the Republic of Moldova from 2013 |
| IVDP names: | Douro, whetever or not followed by Baixo Corgo, Cima Corgo, Douro Superior (equivalent term: Vinho do Douro), Moscatel do Douro, and Port Wine under following names: Port, Porto, Oporto, Portwein, Portwijn, Vin de Porto, Port Wine, Vinho do Porto. Based o |
| Registration: | Yes |
| Country: | Monaco |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Mongolia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Montenegro |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Stabilisation and Association Agreement between EU and Montenegro from 2010 |
| IVDP names: | Douro, whetever or not proceded by Vinho do or Moscatel do: Baixo Corgo, Cima Corgo, Douro Superior, and Port Wine under following names: Port, Porto, Porto, Portwein, Portvin, Portwijn, Vin de Porto, Port Wine, Vinho do Porto. Based on Lisbon Agreement, |
| Country: | Morocco |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Mozambique |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Myanmar |
| TRIPS Agreement: | Yes |
| Country: | Namibia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Nauru |
| No recognition: | Yes |
| Country: | Nepal |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Netherlands |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | New Zealand |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Registration: | Yes |
| Passing off: | Yes |
| Country: | Nicaragua |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and Central America from 2012 |
| IVDP names: | Porto, Port, or Oporto, and Douro. Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Niger |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Nigeria |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Niue |
| Paris Convention: | Yes |
| Country: | North Korea |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Norway |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Oman |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Pakistan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Palau |
| No recognition: | Yes |
| Country: | Panama |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the EU and Central America from 2012 |
| IVDP names: | Porto, Port, or Oporto, and Douro. |
| Country: | Papua-New Guinea |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Paraguay |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Peru |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina; Trade Agreement between EU and Colombia and Peru from 2012 |
| IVDP names: | Douro, Porto, Port or Oporto. Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Philippines |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Poland |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Qatar |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Republic of Congo |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Romania |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Russia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Rwanda |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Saint Kitts and Nevis |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Saint Lucia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Saint Vincent and Grenadines |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Samoa |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | San Marino |
| Paris Convention: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | São Tomé and Príncipe |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Saudi Arabia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Senegal |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, through Bangui Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Serbia |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Interim Agreement between EU and Serbia from 2010 |
| IVDP names: | Douro, whetever or not proceded by Vinho do or Moscatel do: Baixo Corgo, Cima Corgo, Douro Superior, and Port Wine under following names: Port, Porto, Oporto, Portwein, Portvin, Portwijn, Vin de Porto, Port Wine, Vinho do Porto. Based on Lisbon Agreement, |
| Country: | Seychelles |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Sierra Leone |
| No recognition: | Yes |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Singapore |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Country: | Slovakia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Slovenia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Solomon Islands |
| No recognition: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Somalia |
| No recognition: | Yes |
| TRIPS Agreement: | observer |
| Country: | South Africa |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Community and the Republic of South Africa on trade in wine from 2002 |
| IVDP names: | Porto, Port, Oporto, Portwein, Portvin, Portwijn and Douro |
| Registration: | Yes |
| Country: | South Korea |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Free Trade Agreement between the EU and the Republic of Korea from 2011 |
| IVDP names: | Douro, Porto or Port. |
| Registration: | Yes |
| Country: | South Sudan |
| TRIPS Agreement: | observer |
| Country: | Spain |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Sri Lanka |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Sudan |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Suriname |
| No recognition: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Sweden |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | Switzerland |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Syria |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Tajikistan |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Tanzania |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Thailand |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | The Bahamas |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Timor-Leste |
| No recognition: | Yes |
| TRIPS Agreement: | observer |
| Country: | Togo |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement (OAPI) |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Registration: | Yes |
| Country: | Tonga |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Trinidad and Tobago |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Registration: | Yes |
| Regardless registration: | Yes |
| Country: | Tunisia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| IVDP names: | Based on Lisbon Agreement, protected are names Porto and Douro and their translations. |
| Country: | Turkey |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Country: | Turkmenistan |
| Paris Convention: | Yes |
| Country: | Tuvalu |
| No recognition: | Yes |
| Country: | Uganda |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Country: | Ukraine |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | United Arab Emirates |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | United Kingdom |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 |
| Registration: | Yes |
| Country: | United States |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Uruguay |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Uzbekistan |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Vanuatu |
| TRIPS Agreement: | Yes |
| Regardless registration: | Yes |
| Country: | Vatican City |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Venezuela |
| No recognition: | Yes |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Vietnam |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Yemen |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Country: | Zambia |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Country: | Zimbabwe |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol (ARIPO) |
| Capital City: | Kabul |
| UN Membership: | 1946 |
| WTO Membership: | 2016 |
| WIPO Membership: | 2005 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Trademark Registration Law from 2009 |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Scope of protection: | All goods and sevices. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Geographical names that might create confusion as to the origin or source of goods, products or services. |
| Negative right: | Any misuse in a course of trade. Use of a geographical indications of a famous area in manufacturing goods, products or fixed services on the goods, products or services in such manner as to indicate as if such goods have been manufactured and created in the said area, which results in misleading the public. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, examination, registration and objection. |
| Capital City: | Tirana |
| UN Membership: | 1955 |
| WTO Membership: | 2000 |
| WIPO Membership: | 1992 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Stabilisation and Association Agreement from 2009 |
| National Law: | Law No. 9947 from 07.07.2008 on Industrial Property as amended up to 2017 |
| Type of regime: | Geographical Indication |
| Details: | Designation of origin and geographical indications. |
| Way of protection: | Registration |
| Definition: | DO: name of a region, a specific place or in exceptional and duly justifiable cases the name of a country, used to describe a product that complies with the following requirements: its qualitiy or characteristics are exclusively or essentially due to a particular geographical environment,with its inherent natural and human factors, the vines from which it is produced come exclusively from this geographical area; its production takes place in that geographical area; and it is obtained from vine varieties belonging to Vitis vinifera. |
| Definition1: | GI: indication referring to a region, a specific place or, in exceptional and duly justifiable cases the name of a country, used to describe a product that complies with the following requirements: it possesses a specific quality, reputation or other characteristics attribuable to that geographical area; at least 85% of the grapes used for the production come exclusively from that geographical area; its production takes place in that geographical area and it is obtained from vine varieties belonging to Vitis vinifera or a cross between Vitis vinifera species and other species of the genus Vitis. |
| Scope of protection: | All products, including wines, and handicraft products. |
| Foreign GIs: | Foreign GIs might be registered on the base of international agreements and based on the rule of reciprocity. |
| Generic names: | Shall not be registered. Registered name cannot become generic. |
| Homonymous names: | Coexistence; should contain indications for differentiation. |
| Other non-registrable names: | Plant species and varieties, animal breeds or similar names that might mislead the public. |
| Negative right: | Any use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Duration of registration is indefinite. The status of authorized user is valid for 5, renewable, years. |
| Ownership of the right: | State is the owner, producer is an user. Right to use cannot be transferred. |
| Possible Applicant: | Any assocciation, single or natural person. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Grounds for cancellation: | No product has been put on the market for an uninterupted time period of 7 years. |
| Capital City: | Algiers |
| UN Membership: | 1962 |
| WTO Membership: | observer |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Ordinance No. 76-65 of July 16, 1976 on Appellations of Origin |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | AO: geographical name of a country, a region, a part of a region, a locality or a locality used to designate a product which originates from it and whose quality or characteristics are due exclusively or mainly to the geographical environment including natural factors and human factors. |
| Definition1: | Non-geographical names might be registered. |
| Scope of protection: | Any natural, agricultural, artisanal or industrial product, raw or processed. |
| Foreign GIs: | Foreign GIs might be registered on the base of international agreements and based on the rule of reciprocity. |
| Definition of generic name: | Generic names: it is consecrated by the use and considered as such by the persons skilled in the matter and by the public. |
| Other non-registrable names: | Contrary to morality, morality or public order. |
| Duration of the right: | 10, renewable, years. |
| Possible Applicant: | Any institution legally constituted and empowered for that purpose and any natural or legal person who carries on a production activity in the area geographical area and any competent authority. |
| Registration procedure: | The registration procedure is a standard registration procedure that consists of application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Andora la Vella |
| UN Membership: | 1993 |
| WTO Membership: | observer |
| WIPO Membership: | 1994 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Regulation regarding the use of the official stamp of control and guarantee "Andorra's quality controlled wine" for wine originating from Andorra, consists of regulations concerning technical and scientific provisions. |
| National Law1: | Law on Trademarks from 1995 |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Definition: | ColM: mark that may be used by any person who observes the regulations governing its use laid down by the owner of the registration. May be constituted by a sign or designation capable of serving in trade to identify the geographical source of goods or where services are provided from. |
| Negative right: | Any use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | 10, renewable, years. |
| Possible Applicant: | Application, examination and registration. |
| Capital City: | Luanda |
| UN Membership: | 1976 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1985 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law No. 3/92 of February 28, 1992, on Industrial Property |
| Type of regime: | Trademark |
| Details: | Collective mark (ColM) |
| Way of protection: | Registration |
| Definition: | In this sense, a collective mark is used by said group to distinguish the product manufactured or service provided by every member of the group. |
| Scope of protection: | All goods and services. |
| Foreign GIs: | The foreigners might use a mark, on condition that they ensure that the mark is related to their business activity in the country of origin. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | Right to use a trademark might be transfered or be subject to license. |
| Registration procedure: | Application and registration. |
| Miscellaneous: | The mark may, inter alia, consists of a geographical name. |
| Capital City: | Saint John's |
| UN Membership: | 1981 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2000 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Geographical Indications Act 2003 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: an indication which identifies a good as originating in the territory if a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. |
| Scope of protection: | Any natural or agricultural product or any product of handicraft or industry. |
| Registration procedure: | Application, examination, opposition, registration, publication. |
| Capital City: | Buenos Aires |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1980 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law No. 25.163 from 15.09.1999 establishing General Standards for Designation and Presentation of Wines and Spirits of Vinical Origin. |
| National Law1: | Decree No. 57/2004 of President of Argentina |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) and Denomination of Origin (DO) |
| Way of protection: | Registration |
| Foreign GIs: | According to the Law, its subject are argentinian geographical names. Although, later in the Law, with respect to reciprocity and non-discriminatory rule and international agreements of different types, the possibility was created for recognition, protection and registration of foreign geographical indications in the national register. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Names of the grapes, TM related to wine sector. |
| Negative right: | Any commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Producers, group of consumers and any competent authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | Establishes National Council for Designations of Origin of wines and spirits of wine nature. |
| Capital City: | Yerevan |
| UN Membership: | 1992 |
| WTO Membership: | 2003 |
| WIPO Membership: | 1993 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law of the Republic of Armenia of April 29, 2010, on Geographical Indications as amended in 2015 |
| Type of regime: | Geographical Indication |
| Details: | Geogephical indications for wines and designation of origin for wines. |
| Way of protection: | Registration |
| Definition: | DO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | GI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | All agricultural products and foodstuffs, except for natural and mineral waters. |
| Foreign GIs: | According to international treaties and under the principle of reciprocity, the foreigners enjoy all the right on equal terms as nationals predicted in the Law. |
| Generic names: | Shall not become generic. Protected names cannot become generic. |
| Definition of generic name: | Generic name: name of a product, where even if it contains the name of the territory (settlement), of a certain area or a country, where that particular product was originally produced or put into commercial circulation, has lost its initial meaning and has become a common name for the product produced in the Republic of Armenia. |
| Duration of the right: | Duration of registration is indefinite. The status of authorized user is valid for 10, renewable, years. |
| Ownership of the right: | GI cannot become an object of transfer or of a licence or any other economic right. |
| Possible Applicant: | Group of producers carrying out the production of product or a legal/physical person if they’re are the only person producing the product. |
| Registration procedure: | Application, examination, publication of application, objection, registration and publication of registration. |
| Capital City: | Canberra |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1972 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Community and Australia on trade in wine from 2009 |
| National Law: | Trademark Act from 1995 (last amended in 2016) |
| National Law1: | Australian Grape and Wine Authority Act 2013 (consolidated as of March 22, 2017) |
| Type of regime: | Geographical Indication and Trademark |
| Details: | Certification trademarks (CerM) and Geographical Indications (GI) |
| Way of protection: | Registration |
| Definition: | CerM: sign used, or intended to be used, to distinguish goods or services: dealt with or provided in the course of trade and certified by another person approved by that person, in relation to quality, accuracy or some other characteristic, including origin, material or mode of manufacture, from other goods dealt with or provided in the course of trade but not so certified. |
| Definition1: | GI: indication that identifies the goods as originating in a country, or in a region or locality in that country, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. |
| Scope of protection: | TM Act: goods; Wine. |
| Foreign GIs: | TM: protection is possible; Wine Act: protected also translations. |
| Registration procedure: | TM: Application, examination, opposition and registation; Wine: Application, publication, examination, publication, opposition, registration. |
| Capital City: | Vienna |
| UN Membership: | 1955 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1973 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Baku |
| UN Membership: | 1992 |
| WTO Membership: | observer |
| WIPO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law of the Republic of Azerbaijan No. 504-IQ of June 12, 1998, on Trademarks and Geographical Indications (as amended up to Law No. 823-IVQD of November 22, 2013) |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: sign indicating the dependence of the origin of the commodity on the state, territory or geographical location in certain territory, at the same time reflecting the specific quality, fame and other properties of this commodity in terms of geographical origin. |
| Scope of protection: | All goods. |
| Foreign GIs: | A foreign GIs that aren’t registered in Azerbaijan, can be protected based on international agreements. |
| Homonymous names: | Coexistence; should contain indications for differentiation. |
| Negative right: | The geographical indication is protected during the production of the goods, with the specific quality or core properties that conform to the geographical location. |
| Duration of the right: | Certificate of use for 10, renewable, years. |
| Ownership of the right: | Cannot be subject to license. |
| Registration procedure: | Application, examination, publication of application, appeal, registration and publication of registration. |
| Capital City: | Manama |
| UN Membership: | 1971 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law No. 16 of 2004 relating to the Protection of Geographical Indications, amended by 2006. |
| National Law1: | Legislative Decree No. 11 of 2006 in respect of Trade Marks (concerning registration procedure) |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indications (GI) |
| Way of protection: | Registration |
| Definition: | GI: any sign that may have originated in the territories of a WTO member-state, or in a region or area or location of that region thereof wherein the product quality, good will or other characteristics essentially attributed to its geographical origin. |
| Definition1: | May be a sign or a group of signs in any form like words – including geographical and proper names – alphabets, numbers, miniature elements, color or colors. |
| Homonymous names: | If equality between producers is provided and consumers are not mislead. |
| Relation with trademarks: | If GI in bona fide most probably cause delusion with TM that was applied for registration, GI shall not be registered nor be granted protection; also with bona fide TM acquired by use. |
| Other non-registrable names: | If registration would not be possible according to TM law. |
| Possible Applicant: | Owner or successor of the right to GI. |
| Registration procedure: | Application, examination, objection, registration. |
| Capital City: | Dhaka |
| UN Membership: | 1974 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1985 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Trademarks Act, 2009 (Act No. XIX of 2009) |
| Type of regime: | Trademark |
| Details: | Collective mark (ColM) and Certification mark (CerM) |
| Way of protection: | Registration |
| Definition: | ColM: visible sign capable of distinguishing the origin or any other common characteristic, also quality of goods/services of different enterprises; used by different enterprises under the control of the registered owner of the collective mark; used in respect of goods/services by a group of individuals collectively engaged in the same business as one legal entity. |
| Definition1: | CerM: mark adapted in relation to any goods/services which distinguishes, in the course of trade, the goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic from the goods not so certified and which is capable of being registered as such. |
| Scope of protection: | Goods: anything which is the subject of trade or manufacture including agricultural products and herbal plants; Services: services rendered for money or money’s worth in the course of trade or business, but does not include goods. |
| Other non-registrable names: | Comprising or consisting of any scandalous or obscene matter, its use would be contrary to any law, would likely to deceive or cause confusion, hurt religious feelings of Bangladeshian, application made in bad intention and faith |
| Duration of the right: | 7 years, renewable for 10 years periods. |
| Ownership of the right: | The owner of trademark might registered whole and parts of the trademark. There's possibility of joint registration of two persons using the same trademark relating or product or service. |
| Registration procedure: | Application, examination, opposition and registration. |
| Grounds for cancellation: | Is no longer to the public advantage that the mark should be registered. |
| Capital City: | Bridgetown |
| UN Membership: | 1966 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1979 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Geographical Indications Act from 2001 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: indication that identifies goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographical origin. |
| Generic names: | Shall not be protected in Barbados. That also applies to wines. |
| Definition of generic name: | Generic name: name protected as a GI in other country but considered common (generic name) in Barbados, |
| Other non-registrable names: | Contrary to public order or morality are excluded from protection. |
| Ownership of the right: | Consumers or a group of consumers has a right to file an application for the registration of a GI. |
| Possible Applicant: | Producers, consumers, group of consumers, any marketing organisation. |
| Registration procedure: | Application, examination, publication of application, objection, registration and publication of registration. |
| Capital City: | Minsk |
| UN Membership: | 1945 |
| WTO Membership: | observer |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Law of the Republic of Belarus on Geographical Indications of July 17, 2002, as amended on October 29, 2004, on May 7, 2007, on January 4, 2010, on November 16, 2010, on December 22, 2011 and on July 9, 2012 |
| Type of regime: | Geographical Indication |
| Details: | Appellation of origin (AO) |
| Way of protection: | Registration |
| Definition: | AO: indication representing or containing the modern or historical, official or unofficial, long or shorter denomination of a geographical area as well as an indication which is derived from such denomination and has become known in consequence of its use in respect of a product whose particular properties are determined exclusively or essentially by natural conditions and (or) human factors characteristic for the geographical area concerned. |
| Definition1: | Non-geographical names shall be eligible for registration. |
| Scope of protection: | All goods. |
| Foreign GIs: | Eligible for registration. |
| Generic names: | Shall not be protected. |
| Definition of generic name: | Designation that, while representing or containging the denomination of a geographical area, has become in the Republic of Belarus the common designation of a product of a particular type, without there being any connection with the place of manufacture of that product. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Certification of use for 10, renewable, years |
| Possible Applicant: | Natural or legal person or a group of persons. |
| Registration procedure: | Application, examination, registration and opposition. |
| Capital City: | Brussels |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Belmopan |
| UN Membership: | 1981 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2000 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other from 2012 |
| National Law: | Trade Marks Act from 2000 |
| Type of regime: | Trademark |
| Details: | Collective Marks or Certification Marks |
| Way of protection: | Registration |
| Scope of protection: | Any good or services. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | Subject to license. Transmissable to any other person. |
| Registration procedure: | Application, examination, publication, opposition, registration and publication. |
| Capital City: | Porto-Novo |
| UN Membership: | 1960 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1975 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Thimphu |
| UN Membership: | 1971 |
| WTO Membership: | observer |
| WIPO Membership: | 1994 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | The Industrial Property Act of the Kingdom of Bhutan 2001 |
| Type of regime: | Trademark |
| Details: | Collective marks (ColM) |
| Way of protection: | Registration |
| Definition: | ColM: any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the ColM. |
| Scope of protection: | Goods and services. |
| Other non-registrable names: | Indistinguishable marks, contrary to public order or morality. |
| Negative right: | Likely to mislead to true origin, might create confusion, defamination. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | Cannot be subject to license. |
| Registration procedure: | Application, examination, opposition and registration. |
| Miscellaneous: | Possible passing off tort. |
| Capital City: | La Paz |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1993 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina: Common Regime of Industrial Property (486) |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: denomination of a country, of a region or of a determined place, or constituted by a denomination that without being the one of a country, a region or a determined place referst to a determined geographic zone, used to designate a product original of them and whose quality, reputation or other characteristics are due exclusively or essentially to the geographical environment in which it is produced, including natural and human factors. |
| Foreign GIs: | On the base of rule of reciprocity, highlighted in the act, it seems that foreign GI apply for registration on the same rules as GIs from Andean Community. |
| Generic names: | Shall not be registered. |
| Definition of generic name: | Generic name is one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Other non-registrable names: | Products against good customs and public order. |
| Duration of the right: | 10, renewable years. |
| Possible Applicant: | State, department, province or municipal authorities if the product originates from their territory. |
| Capital City: | Sarajevo |
| UN Membership: | 1992 |
| WTO Membership: | observer |
| WIPO Membership: | 1992 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part from 2008 |
| National Law: | Law on the Protection of Indications of Geographical Origin from 2010 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: indication which identifies specific goods as the goods originating in the territory of a specific country, a region or a locality within that territory, where a specific quality, reputation or other characteristics of the goods can essentially be attributed to its geographical origin. |
| Definition1: | AO: geographical name of a country, a region or a locality, which serves to designate a product originating therein, the quality and specific characteristics of which are exclusively or substantially conditioned by the geographical environment, including natural and human factors, and the entire production, processing and preparation of which take place in a defined geographical area. |
| Scope of protection: | Natural, agricultural, industrial, artisan and handicraft products. |
| Foreign GIs: | According to international treaties and under the principle of reciprocity, the foreigners enjoy all the right on equal terms as nationals predicted in the Law. Registration of foreign GI is based on international treaties. |
| Generic names: | Shall not be registered. Registered name cannot become generic. |
| Definition of generic name: | Generic name: geographical name which has, although it refers to a geographic location where the product was originally produced or marketed, lost its geographical significance in everyday speech and has become a general name for that product. |
| Relation with trademarks: | TM prior and in good faith: coexistence. |
| Other non-registrable names: | Names contrary in contrary to public order or morality, which has, due to the long-term use thereof in everyday speech, lost its geographical meaning and has become a generic or common name for designating a particular product |
| Negative right: | Any misleading acts, mislead to the origin, create confusion to the quality and origin of the products. |
| Duration of the right: | Duration of registration is indefinite. The status of authorized user is valid for 3, renewable, years. |
| Possible Applicant: | National natural persons or legal entities - producers, associations of the persons producers, chambers of commerce, associations of consumers, municipal, cantonal, entity and state authorities interested in the protection of appellations of origin or geo |
| Registration procedure: | Request, examination, registration, publication, opposition, registration and publication. |
| Capital City: | Gaborone |
| UN Membership: | 1966 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1998 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Industrial Property Act from 2010 |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Definition: | GI: indication or sign which identifies goods as originating in the territory of a country or a region or locality in a country here a quality in a country where a quality, reputation or other characteristic of the goods is essentially attributable to that geographical origin. |
| Scope of protection: | All goods. |
| Foreign GIs: | It is possible to register a foreign GI. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Contrary to public order or morality; if they're similar to goods. |
| Negative right: | Any use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | The registration can be filled or in one of the member states or directly in ARIPO. Protection grants in all of the member states. |
| Capital City: | Brasilia |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Commercial Treaty between Portugal and Brazil from 1933. |
| National Law: | Law No. 9.279 of May 14, 1996 (Law on Industrial Property) as amended up to 2001 and Normative Instruction No. 25/2013 - Establishes the conditions for the registration of Geographical Indications. |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: geographical name of a country, city, region or locality of its territory, which designates a product or service whose qualities or characteristics are due exclusively or essentially to the geographical environment, including natural and human factors. |
| Scope of protection: | All goods and services. |
| Foreign GIs: | In case of registration of a well-known foreign GI, the application of registration shall be made by the owner of the right in the country of origin. |
| Generic names: | Shall not be registered. |
| Possible Applicant: | Associations, institutes, producers. |
| Registration procedure: | Application, examination, registration and publication of registration. |
| Capital City: | Bandar Seri Begawan |
| UN Membership: | 1984 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1994 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Chapter 98 Trade Marks from 2000 |
| Type of regime: | Trademark |
| Details: | Collective marks and certification marks. They may be registered which consists of signs or indications which may serve, in business, to designate the geographical origin of the goods or services; |
| Way of protection: | Registration |
| Definition: | ColM: a mark distinguishing the goods or services of members of an association which is the proprietor of that mark from those of other undertakings. |
| Definition1: | CeM: a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of that mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics. |
| Scope of protection: | All goods and services. |
| Generic names: | Shall not be registered. |
| Negative right: | A mark shall not be registered if it's probable it will misled the public in regards to character or significance of the mark. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | The proprietor of such a mark is not entitled to prohibit the use of the signs or indications in accordance with honest practices in industrial or commercial matters. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Miscellaneous: | Protection of well-known marks. Collective and certification mark may be registered when consists of signs or indications which may serve, in business, to designate the geographical origin of the goods or services. |
| Capital City: | Sofia |
| UN Membership: | 1955 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Ouagadougou |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Bujumbura |
| UN Membership: | 1962 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1977 |
| TRIPS Agreement: | Yes |
| National Law: | Law on Industrial Property in Burundi from 2009 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: product as being originally from a territory or region or area within the territory, in cases where a quality, reputation or other specific characteristic of the product is essentially due to this geographical origin. |
| Scope of protection: | Any natural, agricultural, crafts or industrial product. |
| Generic names: | Shall not be registered. |
| Relation with trademarks: | Earlier TM in good faith: coexistence. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | Contrary to the public order or morality. |
| Possible Applicant: | Natural persons or legal entities (the producers) and any competent authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Praia |
| UN Membership: | 1975 |
| WTO Membership: | 2008 |
| WIPO Membership: | 1997 |
| TRIPS Agreement: | Yes |
| National Law: | Decreto-Legislativo nº 4/2007 de 20 de Agosto of Industrial Property Law |
| Type of regime: | Geographical Indications |
| Details: | Designation of origin and geographical indications. |
| Definition: | DO: name of an island, a region, a specific place or, in exceptional cases, a country, which is used to designate or identify a product: (a) originating in that region, that particular place or in that country; (b) the quality or characteristics of which are essentially or exclusively due to the geographical environment, including natural and human factors, and whose production, processing and processing takes place within the defined geographical area. Might be also non-geographical names. |
| Definition1: | GI: name of an island or a region and a specific place, or which serves to designate or identify a product: (a) originating from that island, region, that particular place or country; (b) whose reputation, quality or other characteristic may be attributed essentially to that geographical origin and whose production, processing or production takes place within the defined geographical area. |
| Scope of protection: | All goods. |
| Generic names: | Might become generic except wines, mineral waters. |
| Other non-registrable names: | Contrary to the public order or morality. |
| Negative right: | Likely to mislead to true origin, might create confusion, defamination, usage of expression such as “style” and similar. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | DO and GI, when registered, constitute common property of the residents or established in the locality, region or territory, in an effective and serious manner and may be used interchangeably by those who exploit in their respective areas any characterist |
| Possible Applicant: | Natural persons or legal persons, public or private. |
| Capital City: | Phnom Penh |
| UN Membership: | 1955 |
| WTO Membership: | 2004 |
| WIPO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia from 2002 |
| Type of regime: | Trademark |
| Details: | Collective marks (ColM) |
| Way of protection: | Registration |
| Definition: | ColM: any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. |
| Scope of protection: | All goods and services. |
| Negative right: | Likely to mislead to true origin, might create confusion, defamination. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | Might not be subject of a license. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Grounds for cancellation: | When only registered owner uses the mark. |
| Miscellaneous: | Theoretically, possible for protection without registration for well-known trademarks. |
| Capital City: | Yaounde |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1973 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Ottawa |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Community and Canada on trade in wines and spirit drinks from 2004 |
| National Law: | Trade-marks Act (R.S.C., 1985, c. T-13) (consolidated version, status as at June 21, 2016) |
| Type of regime: | Trademark |
| Details: | Geographical indications as a distinctive right but protected as a certification marks. |
| Way of protection: | Registration |
| Definition: | GI (in respect of a wine or spirit): an indication that identifies the wine or spirit as originating in the territory of a WTO Member, or a region or locality of that territory, where a quality, reputation or other characteristic of the wine or spirit is essentially attributable to its geographical origin, and except in the case of an indication identifying a wine or spirit originating in Canada, is protected by the laws applicable to that WTO Member. |
| Scope of protection: | Wines and spirits. |
| Generic names: | Shall not be registered. |
| Negative right: | Detailed provision to any bisness related actions done by not entitled person. |
| Possible Applicant: | Producers. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Bangui |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1978 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | N'Djamena |
| UN Membership: | 1960 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1970 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Santiago |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part from year 2002 |
| National Law: | Law on Industrial Property from 1991 as amended in 2012 |
| Type of regime: | Geographical Indication |
| Details: | Geographical indications and denomination of origin |
| Way of protection: | Registration |
| Definition: | GI: identifies a product as originating from country or region or place in the country, with the quality, reputation or other characteristics of the product are attributable fundamentally with is geographic origin. |
| Definition1: | DO: identifies a product as originating from country, region or place in the country, with the quality, reputation and other characteristics of the product are attributable with is geographic origin, taking under consideration natural and human factors that indicate characteristics of the product. |
| Scope of protection: | All goods. |
| Foreign GIs: | Foreign GIs and DOs can be registered according to the rules of the Law. |
| Generic names: | Shall not be registered. GIs can consists of generic name but protection doesn't extend to the generic name, with an exception of GIs or DOs recognized as non-generic in international agreements which Chile is a part of. |
| Definition of generic name: | Generic name is one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Other non-registrable names: | Contrary to public order or morality are excluded from protection. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | Geographical indications and denominations of origin cannot be subject to appropriation or encumbrance that limit or prevent their use by interested parties that comply with the regulations. |
| Possible Applicant: | National, regional, provincial, commune authorities that represent GI or DO of their region. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Capital City: | Beijing |
| UN Membership: | 1945 |
| WTO Membership: | 2001 |
| WIPO Membership: | 1980 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Trademark Law of the People's Republic of China (as amended up to Decision of August 30, 2013, of the Standing Committee of National People's Congress on Amendments to the Trademark Law of the People's Republic of China) |
| National Law1: | Measures on the Protection of Foreign Geographical Indications Products from 2016 supervised by General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) |
| Type of regime: | Geographical Indication and Trademark |
| Way of protection: | Registration |
| Definition: | ColM: registered in the name of a group, association, or any other organization for use in business by its members to indicate membership. CerM: controlled by an organization which is capable of exercising supervision over a particular kind of goods or services and that is used by a unit other than the organization or by an individual for its or his goods or services, and is designed to certify the indications of the place of origin, raw materials, mode of manufacture, quality, or other specified properties of the said goods or services. |
| Definition1: | Foreign GI: product that is produced outside the territory of China, registered and protected in the originating country or region. |
| Scope of protection: | All goods and services. (TM law) All goods (AQSIQ) |
| Foreign GIs: | TM: Foreign GIs shall be registered according to international agreements. GI: Protection is granted on the rule of reciprocity. The applicant or the registration shall be the original one from the country of origin. |
| Generic names: | Shall not be registered. (AQSIQ) |
| Other non-registrable names: | TM: No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trademarks, except where geographical names have other meanings or constitute part of a collective trademar |
| Registration procedure: | GI: Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | TM: Registered trademarks in which geographical names are sued shall remain valid. |
| Capital City: | Bogota |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1980 |
| Relevant Regional Organizations: | Comunidad Andina |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina: Common Regime of Industrial Property (486) |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: denomination of a country, of a region or of a determined place, or constituted by a denomination that without being the one of a country, a region or a determined place referst to a determined geographic zone, used to designate a product original of them and whose quality, reputation or other characteristics are due exclusively or essentially to the geographical environment in which it is produced, including natural and human factors. |
| Foreign GIs: | On the base of rule of reciprocity, highlighted in the act, it seems that foreign GI apply for registration on the same rules as GIs from Andean Community. |
| Generic names: | Shall not be registered. |
| Definition of generic name: | Generic name is one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Other non-registrable names: | Products against good customs and public order. |
| Duration of the right: | 10, renewable, years. |
| Possible Applicant: | State, department, province or municipal authorities if the product originates from their territory. |
| Capital City: | Moroni |
| UN Membership: | 1975 |
| WTO Membership: | observer |
| WIPO Membership: | 2005 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. |
| Other non-registrable names: | GIs against morality or public policy shall not be registered. |
| Possible Applicant: | Also persons, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Avarua |
| Paris Convention: | Yes |
| National Law: | None |
| Capital City: | San Jose |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1981 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other from 2012 |
| National Law: | Law No. 7978 of January 1, 2000, on Trademarks and other Distinctive Signs (as amended by Law No. 8632 of March 28, 2008) |
| Type of regime: | Geographical Indication |
| Details: | Appellation of Origin (AO) and Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | DO: denomination of a country, of a region or of a determined place, or constituted by a denomination that without being the one of a country, a region or a determined place referst to a determined geographic zone, used to designate a product original of them and whose quality, reputation or other characteristics are due exclusively or essentially to the geographical environment in which it is produced, including natural and human factors. |
| Definition1: | GI: an indication that identifies a product as originating from the territory of a country, or from a region or a locality of that territory, when a certain quality, reputation or other characteristic of the good is imputable fundamentally to its geographical origin. |
| Scope of protection: | Any goods. |
| Foreign GIs: | Registration of foreign GIs is available at the request. |
| Generic names: | Shall not be registered. GIs can consists of generic name but protection doesn't extend to the generic name. |
| Definition of generic name: | Generic name is one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Homonymous names: | The homonymous Gis are protected, ensuring their differentiation by customers. |
| Negative right: | Prohibited is misleading or causing confusion use of geographical indication, also acts of unfair competition are prohibited in the meaning of article 10 of Paris Convention. In advertising prohibited are expressions such as „type”, „style”, „imitation”. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication. |
| Miscellaneous: | Any sign or combination of signs, in any form, shall be eligible to be a geographical indication. |
| Capital City: | Yamoussoukro |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1974 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement* regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Zagreb |
| UN Membership: | 1992 |
| WTO Membership: | 2000 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Havana |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Decree-Law No. 228 on Geographical Indications |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: an indication that identifies a product as originating from the territory of a country, or from a region or a locality of that territory, when a certain quality, reputation or other characteristic of the good is imputable fundamentally to its geographical origin. |
| Definition1: | DO: Geographical denomination of a country, a region or a place, which serves to designate a product originating from it, when a certain quality, reputation or other characteristic, is due mainly to its geographical origin, including natural and human factors. |
| Scope of protection: | All the products. |
| Foreign GIs: | The right to registration of foreign geographical indication is based, firstly, on international treaties and conventions. In case of the country in subject not being a part of any of those Cuba is, the rule of reciprocity applies also assuring the same treatment according to Law. According to article 20.1 of the Law, foreign geographical indications might be registered in Cuba if it was before registered in its country of origin. |
| Generic names: | Shall not be registered. |
| Relation with trademarks: | In a case of coexistent of GI and trademark identic of similar phonetically or graphically, the GI prevails. |
| Negative right: | Any misuse or misrepresentation of GIs. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | The right to use geographical indication cannot be sold. The transmission of the right is possible only in a case of death of natural person or extincion or fusion. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | The Law considers geographical indications as national heritage and because of that, only a right to use them can be issued. |
| Capital City: | Nicosia |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1984 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Prague |
| UN Membership: | 1993 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1993 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Kinshasa |
| UN Membership: | 1960 |
| WTO Membership: | 1997 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law on Industrial Property from 1982 |
| Type of regime: | Geographical Indication |
| Definition: | AO: specific place: a locality, region or country, used to distinguish one or more products which come from that place and whose characteristics are essentially due to the geographical environment. |
| Scope of protection: | Any good: natural, crafts, agricultural or industrial capable of meeting the needs of the nation. |
| Other non-registrable names: | Contrary to public order or morality |
| Negative right: | Acts of unfair competition are prohibited in the meaning of article 10 of Paris Convention. |
| Capital City: | Copenhagen |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Djibouti |
| UN Membership: | 1977 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2002 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law on Protection of Industrial Property from 2009 |
| Type of regime: | Geographical Indication |
| Details: | Geographical indications and apellations of origin. |
| Definition: | GI: product as being originally from a territory or region or area within the territory, in cases where a quality, reputation or other specific characteristic of the product is essentially due to this geographical origin. |
| Definition1: | AO: geographical name of a country, region or specific place used to designate a product originating therein whose quality, reputation or other given characteristics are due exclusively or essentially to the geographical environment, including natural and human factors. |
| Foreign GIs: | Equal protection for members of Paris Convention. |
| Negative right: | Any exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Capital City: | Roseau |
| UN Membership: | 1978 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1998 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Protection of Geographical Indications Act, 1999 (as amended in 2008) |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: indication which identifies any goods as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. |
| Generic names: | A name protected as a GI in other country but considered common (generic name) in Dominica, shall not be protected in Dominica. That also applies to wines. |
| Homonymous names: | Homonymous names are considered only for wines. |
| Relation with trademarks: | Concerning wines and spirits, the registrations should be refused or invalid in a case of a trademark consisting or containing of a GI identifying wines or a trademark. |
| Other non-registrable names: | contrary to public order or morality are excluded from protection |
| Negative right: | The protection of wine is broader than the other products, to extent to use of translation or use of terms like „kind”, „type”, „style”, „limitation”, etc. Also acts of unfair competition are prohibited in the meaning of article 10 of Paris Convention. |
| Possible Applicant: | A group of consumers has a right to file an application for the registration of a GI. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Santo Domingo |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2000 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| National Law: | Industrial Property Law from 2000 |
| Type of regime: | Geographical Indication |
| Details: | Geographical indications and denominations of origin. |
| Way of protection: | Registration |
| Definition: | DO: geographical indication that represents some quality, reputation or other characteristics that are attributable essentially to the geographic place, region or country; can be or be not a geographical name. |
| Foreign GIs: | The right to registration of foreign geographical indication is based, firstly, on international treaties and conventions. In case of the country in subject not being a part of any of those Dominicana is, the rule of reciprocity applies also assuring the same treatment according to Law. |
| Generic names: | Shall not be registered. GIs can consists of generic name but protection doesn't extend to the generic name. |
| Definition of generic name: | A denomination is being considered common or generic when it´s consider such by those who are knowledgeable about that type of product and by the general public. |
| Duration of the right: | Indefinite. |
| Registration procedure: | Application, examination, opposition and registration. |
| Capital City: | Quito |
| UN Membership: | 1945 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1988 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Legislation of Comunidad Andina: Common Regime of Industrial Property (486) |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: denomination of a country, of a region or of a determined place, or constituted by a denomination that without being the one of a country, a region or a determined place referst to a determined geographic zone, used to designate a product original of them and whose quality, reputation or other characteristics are due exclusively or essentially to the geographical environment in which it is produced, including natural and human factors. |
| Foreign GIs: | On the base of rule of reciprocity, highlighted in the act, it seems that foreign GI apply for registration on the same rules as GIs from Andean Community. |
| Generic names: | Shall not be registered. |
| Definition of generic name: | Generic name is one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Other non-registrable names: | Products against good customs and public order. |
| Duration of the right: | 10, renewable, years. |
| Possible Applicant: | State, department, province or municipal authorities if the product originates from their territory. |
| Capital City: | Cairo |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| National Law: | Law on Protection of Intellectual Property Rights from 2002 |
| Type of regime: | Trademark |
| Details: | Geographical indications as a special type of a trade mark |
| Definition: | If a GI stands also for quality, has certain reputation or other characteristics and its used in marketing, it shall be used to indicate the place of origin for such goods. |
| Scope of protection: | All goods. |
| Foreign GIs: | Foreign GIs can be registered as long as they come from country member of WTO or grant reciprocity to Egypt. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Contrary to public order or morality, misleading to their origin. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | Might be subject to license. |
| Registration procedure: | Application, publication, opposition, registration, publication. |
| Miscellaneous: | Possessing trade mark with GI requires its continuous production by the applicant. Protection of well-known marks. |
| Capital City: | San Salvador |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1979 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other from 2012 |
| National Law: | Law on Trademarks and Other Distinctive Signs (as amended up to Legislative Decree No. 986 of March 17, 2006) |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indications and Designations of Origin |
| Way of protection: | Registration (only designations of origin) |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Definition1: | DO: a geographical indication constituted by the name of a country, a region or a specific place, used to designate a product originating from them, whose qualities or characteristics are due exclusively or essentially to the geographical environment in which it is produced, including the factors natural and human factors; can be also non-geographical name. |
| Scope of protection: | Any product. |
| Foreign GIs: | Eligible for registration. |
| Generic names: | Shall not be registered. GIs can consists of generic name but protection doesn't extend to the generic name. |
| Definition of generic name: | Generic name: one that is considered generic by those that are familiar with this type of product and by the public in general. |
| Other non-registrable names: | A name that is contrary to good practices, morals or public order. |
| Duration of the right: | Indefinite. The authorization to use a designation of origin is issued for 10, renewable, years. |
| Ownership of the right: | Geographical indications belong to the state. |
| Possible Applicant: | Any association of producers, manufacturer or craftsmen, any manufactury or national authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Malabo |
| UN Membership: | 1968 |
| WTO Membership: | observer |
| WIPO Membership: | 1997 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Asmara |
| UN Membership: | 1993 |
| WIPO Membership: | 1997 |
| National Law: | None |
| Capital City: | Tallinn |
| UN Membership: | 1991 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1994 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Mbabane |
| UN Membership: | 1968 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1988 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Trade Marks Act from 1981 |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Scope of protection: | All goods and services as ARIPO. |
| Foreign GIs: | Eligible for protection. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, examination, opposition, registation. (national law) |
| Miscellaneous: | The registration can be filled or in one of the member states or directly in ARIPO. Protection grants in all of the member states. Possible passing off tort. (national law) |
| Capital City: | Addis Ababa |
| UN Membership: | 1945 |
| WTO Membership: | observer |
| WIPO Membership: | 1998 |
| TRIPS Agreement: | observer |
| National Law: | Trademark Registration and Protection Proclamation No. 501/2006 |
| Type of regime: | Trademark |
| Details: | Collective marks |
| Way of protection: | Registration |
| Definition: | ColM: a trademark distinguishing the goods or services of member of an association, which is the owner of the trademark, from those of other undertakings. |
| Scope of protection: | All goods and services. |
| Foreign GIs: | Based on the rules of reciprocity and in accordance with international treaties that Ethiopia is a part, foreigners shall have the same rights and obligations as the nationals under the Law. |
| Duration of the right: | 7, renewable, years. |
| Ownership of the right: | Collective trade mark cannot be subject to license. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Suva |
| UN Membership: | 1970 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1972 |
| TRIPS Agreement: | Yes |
| National Law: | Trade Marks Act from 1972; last amended in 2012. |
| Type of regime: | Trademark |
| Details: | Trademark |
| Way of protection: | Registation |
| Definition: | TM: mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trade-mark by virtue of manufacture, selection, certification, dealing with or offering for sale. |
| Scope of protection: | All goods. |
| Duration of the right: | 14, renewable, years. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Helsinki |
| UN Membership: | 1955 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Paris |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1974 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Libreville |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Banjul |
| UN Membership: | 1965 |
| WTO Membership: | 1996 |
| WIPO Membership: | 1980 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Industrial Property Act from 1989 |
| Type of regime: | Trademark |
| Details: | Collective marks |
| Way of protection: | Registration |
| Definition: | ColM: any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. |
| Scope of protection: | All goods and services |
| Other non-registrable names: | Contrary topublic order, morality or similar names that might mislead the public. |
| Negative right: | Any act of unfair competition. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Capital City: | Tbilisi |
| UN Membership: | 1992 |
| WTO Membership: | 2000 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs from 2012 |
| National Law: | Law on Appellations of Origin and Geographical Indications of Goods from 1999 as amended up to 2011 |
| Type of regime: | Geographical Indication |
| Details: | Appellations of origin and Geographical Indications |
| Way of protection: | Registration |
| Definition: | AO: modern or historical name of a geographical place, region, region or, in exceptional cases, a name of a country, used to designate the goods: originating within the given geographical area; the specific quality and features of which are essentially or exclusively due to a particular geographical environment and human factors; production, processing and preparation of which take place within the geographical area. Can be traditional of non-geographical name. |
| Definition1: | GI: name or any other sign, which indicates a geographical area and is used to designate the goods: originating in that geographical area; specific quality, reputation, or other characteristics of which are attributable to that geographical area; production or processing or preparation of which takes place in the geographical area. |
| Scope of protection: | All goods. |
| Foreign GIs: | Foreign geographical indications might be registered on the base of international agreement. Cancellation of a foreign GI shall be proceed according to the provisions included in the international agreement. |
| Generic names: | Shall not be registered. Registered name cannot become generic. |
| Relation with trademarks: | Earlier TM: coexistence. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | Contrary to national dignity, religion, traditions and morality. Plant species and varieties, animal breeds or similar names that might mislead the public. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Natural person or legal entity, public authority or legal entity of public law, entrepreneurs' voluntary association. |
| Registration procedure: | Application, examination, publication and registration. |
| Miscellaneous: | Georgian geographical indications might be registered abroad only after being registered in Georgia. |
| Capital City: | Berlin |
| UN Membership: | 1973 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Accra |
| UN Membership: | 1957 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1976 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Geographical Indications Act from 2003 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed. |
| Scope of protection: | Any natural or agricultural product or any product of handicraft or industry and includes Kente. |
| Foreign GIs: | Eligible for registration. |
| Other non-registrable names: | Contrary to public order or morality. |
| Possible Applicant: | Producer, group of producers, group of consumers or a competent authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Athens |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1976 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Saint George's |
| UN Membership: | 1974 |
| WTO Membership: | 1996 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | None |
| Capital City: | Guatemala City |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1983 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other from 2012 |
| National Law: | Industrial Property Act from 2000 as amended by Decrees from 2005 and 2013 |
| Type of regime: | Geographical Indication |
| Details: | Denomination of Origin and Geographical Indication. Can be a name, expression, image or sign. |
| Way of protection: | Registration |
| Definition: | DO: any name, expression, image or sign that designates or evokes a region, a locality or a specific place, that identifies a product originating from that region, locality or determined location, when its quality or characteristics are due fundamentally or exclusively to the geographical medium, including natural and human factors, and whose production, transformation and elaboration takes place within the defined geographical area. |
| Definition1: | GI: any name, expression, image or sign or combination thereof, which identifies a product originating in a country, region or locality of that country, when a certain quality, reputation or other characteristic of the product is fundamentally attributable to its geographical origin, and the link with the delimited area is present, at least, in one of the stages of its production, transformation or elaboration. |
| Scope of protection: | All goods. |
| Foreign GIs: | The Law is applicable the same way to both national and foreign GIs. |
| Generic names: | Shall not be registered. GIs can consists of generic name but protection doesn't extend to the generic name. |
| Homonymous names: | Registered cannot be homonymous names with plant variation or animal breed if that will create a confusion among consumers. Homonymous names will be subject to consensus allowing them both to stay at the market without misleading the consumers. |
| Relation with trademarks: | Earlier and in good faith TM: coexistence. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | Name that is contrary to good practices, morals or public order. |
| Ownership of the right: | Geographical Indications cannot be inherited, seizure or license. |
| Possible Applicant: | Producers and group of producers. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Conakry |
| UN Membership: | 1958 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1980 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Bissau |
| UN Membership: | 1974 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1995 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | Contrary to morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Georgetown |
| UN Membership: | 1966 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1994 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Geographical Indications Act 2005 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural or agricultural product or any product of handicraft and industry. |
| Foreign GIs: | Eligible for registration. |
| Relation with trademarks: | Later TM: non registrable if misleading. |
| Other non-registrable names: | Contrary to morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products. |
| Possible Applicant: | Any producer or group of producers or consumer or group of consumers. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Port-au-Prince |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1983 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Law of July 17, 1954, on Trademarks |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Generic names: | Shall not be registered. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Capital City: | Tegucigalpa |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1983 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other from 2012 |
| National Law: | Industrial Property Law from 1999 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Foreign GIs: | The right to registration of foreign geographical indication is based, firstly, on international treaties and conventions. In case of the country in subject not being a part of any of those Honduras is, the rule of reciprocity applies also assuring the same treatment according to Law. |
| Generic names: | Shall not be registered. |
| Definition of generic name: | Generic name: one that is considered generic by those that are familiar with this type of product and by the public in general. GIs can be registered with generic name but protection doesn’t extend to the generic name. |
| Negative right: | Prohibited is misleading or causing confusion use of geographical indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any association of producers, manufacturer or craftsmen, any manufactury or competent national authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Hong Kong |
| WTO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Trade Marks Ordinance (Chapter 559) (consolidated version of February 26, 2010) |
| Type of regime: | Trademark |
| Details: | Collective mark and certification mark. |
| Way of protection: | Registration |
| Definition: | ColM: distinguishes goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services of members of the association which is the owner of the collective mark from those of other undertakings. Collective mark which consists of a sign which may serve, in trade or business, to designate the geographical origin of goods or services may be registered. |
| Definition1: | CerM: distinguishes goods or services of one undertaking from those of other undertakings shall be construed as a reference to distinguishing goods or services which are certified from those which are not. Certification mark which consists of a sign which may serve, in trade or business, to designate the geographical origin of goods or services may be registered. |
| Scope of protection: | Goods and services. |
| Negative right: | Unlawful use, deceive to its origin, similar products. Unlawful use by third parties in trade. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, examination, publication, opposition, registration and publication. |
| Capital City: | Budapest |
| UN Membership: | 1955 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Reykjavik |
| UN Membership: | 1946 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1986 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | EEA Agreement, Protocol 47 on the Abolition of Technical Barriers to Trade in Wine |
| National Law: | Laws on the protection of product names referring to their origin, geographical area or traditional specificity 2014 No. 130 December 22nd |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product fulfilling the following requirements: the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; the grapes from which the product is produced come exclusively from that geographical area; the production takes place in that geographical area; and the product is obtained from vine varieties belonging to Vitis vinifera. |
| Definition1: | PGI: indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product fulfilling the following requirements: it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; at least 85% of the grapes used for its production come exclusively from that geographical area; its production takes place in that geographical area; and it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | New Delhi |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | The Geographical Indications of Goods (Registration and Protection) Act from 1999 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: indication which indentifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the teritory of a county, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities og either the production ot the processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. |
| Definition1: | Non-geographical names might be registered. |
| Scope of protection: | Any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff. |
| Generic names: | Shall not be registered. |
| Definition of generic name: | Generic names or indications means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Earlier TM in good faith: coexistence. |
| Other non-registrable names: | The use of which would be contrary to any law for the time being in force, which comprises or contains scandalous or obscene matter, which comprise or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizen |
| Negative right: | Any use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | 10, renewable, years. |
| Ownership of the right: | The right to registered GI shall not be subject to assignment, transmission, licensing, pledge, mortgage or any such other agreement. In the case of death of an authorised user, his right goes to his successor in title. |
| Possible Applicant: | Association of persons, producers, any organization or authority. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | Possible passing off tort. |
| Capital City: | Jakarta |
| UN Membership: | 1950 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1979 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law on Marks from 2001 and Government Regulation on Geographical Indications from 2007 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: sign which indicates the place of origin of a good, which due to its geographical environment factors - the nature, the people, or the combination thereof gives specific characteristics and quality on the goods produced therein. |
| Scope of protection: | Agricultural products, foodstuffs, handicrafts, or any other goods complying with the definition of geographical indication. |
| Foreign GIs: | Eligible for registration. The representative for registration of foreign geographical indications might be also diplomatic representative of country of origin in Indonesia. |
| Generic names: | Shall not be registered. Registered GI cannot become generic. |
| Other non-registrable names: | Contradicts with laws and regulations, religious moral values, ethics or public order. |
| Negative right: | A registered Geographical Indication shall be protected as far as the specific characteristics and quality which have been the basis of the grant of the protection still exist. |
| Possible Applicant: | Producers, competent institution, group of consumers. |
| Registration procedure: | Application, examination, registration, publication, objection. |
| Miscellaneous: | There is Geographical Indication Experts Team which control producers. |
| Capital City: | Teheran |
| UN Membership: | 1945 |
| WTO Membership: | observer |
| WIPO Membership: | 2002 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Act for Protection of Geographical Indications from 2005 |
| Type of regime: | Geographical Indication |
| Scope of protection: | Any natural or agricultural product or any product of handicraft and industry. |
| Homonymous names: | The homonymous Gis are protected, ensuring their differentiation by customers. |
| Other non-registrable names: | contrary to the principles of Sharia, public order or morality are excluded from protection. |
| Negative right: | Acts of unfair competition are prohibited in the meaning of article 10 of Paris Convention. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | Iran is muslim country therefore the alcohol is prohibited. |
| Capital City: | Baghdad |
| UN Membership: | 1945 |
| WTO Membership: | observer |
| WIPO Membership: | 1976 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Trademark and Geographical Indications Law No. 21 of 1957, as amended by Laws No. 7 of 1962 and No. 214 of 1968 and 26 April 2004 |
| Type of regime: | Trademark |
| Details: | Collective mark and certification mark. |
| Scope of protection: | All goods. |
| Ownership of the right: | 15, renewable, years. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Dublin |
| UN Membership: | 1955 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Jerusalem |
| UN Membership: | 1949 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Appellations of Origin and Geographical Indications (Protection) as amended on January 1, 2000 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | AO: the geographical name of a country, region or locality contained in the name of a product and intended to convey that such product has its origin there and that its quality and properties are mainly due to that geographical area, including its nature and people. |
| Definition1: | GI: means an indication that identifies in Israel goods as originating in a given geographical area of a member state, or a region or part thereof, where a given quality, characteristic or reputation of the good is essentially attributable to its geographical origin. |
| Scope of protection: | Any agricultural, industrial or handicraft product. |
| Foreign GIs: | Foreign GIs can be registered. |
| Relation with trademarks: | Earlier TM in good faith: coexistence. |
| Duration of the right: | 10, renewable years. (only nationals) |
| Possible Applicant: | Any person. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | Protection of well-known marks. |
| Capital City: | Rome |
| UN Membership: | 1955 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1977 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85 % of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Kingston |
| UN Membership: | 1962 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1978 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | The Protection of Geographical Indications Act, 2004 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin. |
| Scope of protection: | Good: any natural or agricultural product or any product of handicraft or industry. |
| Homonymous names: | Homonymous names are considered only for wines. |
| Other non-registrable names: | Contrary to public order or morality |
| Negative right: | Any direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Possible Applicant: | Producers and any competent authority. |
| Registration procedure: | Application, examination, publication, opposition, registration and publication. |
| Capital City: | Tokyo |
| UN Membership: | 1956 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| National Law: | Act on Protection of the Names of Specific Agricultural, Forestry and Fishery Products and Foodstuffs (Act No. 84 of June 25, 2014, as amended up to Act No. 108 of December 26, 2016) |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | Specific Agricultural, Forestry and Fishery Product and Foodstuff ("SAFFPF"): any Agricultural, Forestry and Fishery Products and Foodstuffs falling under the following items: products produced in a specific place, region or country; and products whose quality, reputation or other established characteristic is essentially attributable to the place of production specified in the preceding item. Geographical Indication: indication of the names of SAFFPF. |
| Scope of protection: | Agriculture products. |
| Foreign GIs: | Foreign geographical indications can be protected based on reciprocity rule or international agreements. |
| Generic names: | Shall not be registered. |
| Possible Applicant: | Group of producers. |
| Registration procedure: | Application, examination, publication of application, opinion, registration and publication of registration. |
| Capital City: | Amman |
| UN Membership: | 1955 |
| WTO Membership: | 2000 |
| WIPO Membership: | 1972 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law on Geographical Indications from 2000 |
| Type of regime: | Geographical Indication |
| Definition: | GI: indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographical origin. |
| Scope of protection: | All goods. |
| Generic names: | Shall not be registered. |
| Relation with trademarks: | Earlier TM in good faith: coexistence. |
| Negative right: | Misleading to the origin. |
| Miscellaneous: | It is not prohibited to use a GI indicating another country, if being identical to Arabic familiar expression of a common name of any product or service in the kingdom; to use GI that has no protection or its protection ceased in its place of longer or is |
| Capital City: | Astana |
| UN Membership: | 1992 |
| WTO Membership: | 2015 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Law of the Republic of Kazakhstan from 1999 on Trademarks, Service Marks and Appellations of Origin, as amended up on 2012 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | AO: designation which constitutes or contains the name of the country, region, population center, area or any other geographical indication as well as any indication derivative of such name and became famous as a result of using it in relation to the good which special characteristics, quality, reputation or other characteristics are connected with its geographical origin including the specific environmental conditions and (or) human factor. |
| Definition1: | Non-geographical names might be registered. |
| Scope of protection: | All goods. |
| Foreign GIs: | Foreign geographical indications can be protected based on reciprocity rule or international agreements. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Misleading to the origin and false to the origin. |
| Negative right: | Usage of similar names or translations or accompanied by “style”, etc. |
| Duration of the right: | Indefinite. The right to use is valid for 10, renewable, years. |
| Registration procedure: | Application, examination, registration and publication, objection. |
| Capital City: | Nairobi |
| UN Membership: | 1963 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1971 |
| Relevant Regional Organizations: | ARIPO |
| TRIPS Agreement: | Yes |
| National Law: | Trade Marks Act from 2009 |
| Type of regime: | Trademark |
| Details: | Collective mark. |
| Way of protection: | Registration |
| Definition: | ColM: mark capable of distinguishing, in the course of trade, the goods or services of persons who are members of an association, from goods or services of persons who are not members of such association, shall on application in the prescribed manner, be registerable as a collective trade mark or service mark in respect of the goods or services in the name of such an association. |
| Scope of protection: | All goods. |
| Duration of the right: | 7, renewable, years. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Miscellaneous: | Protection of well-known marks. |
| Capital City: | Tarawa |
| UN Membership: | 1999 |
| WIPO Membership: | 2013 |
| National Law: | None |
| Capital City: | Kuwait |
| UN Membership: | 1963 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1998 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Legislative Decree No.10 for the year 1991 with Respect to Trademarks |
| Type of regime: | Trademark |
| Capital City: | Bishkek |
| UN Membership: | 1992 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law of the Kyrgyz Republic No. 7 of January 14, 1998, on Trademarks, Service Marks and Appellations of Origin of Goods (as amended up to Law No. 28 of February 6, 2014) |
| Type of regime: | Geographical Indication |
| Details: | The name of a product might be a historical geographical name. |
| Way of protection: | Registration |
| Definition: | The name of the place of origin of the goods: name of the country, locality, locality or other geographical object used to designate a product whose special properties are exclusively or mainly determined by natural conditions or human factors characteristic of a given geographical object or natural conditions and human factors simultaneously. |
| Scope of protection: | All goods. |
| Negative right: | Any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. The certificate is valid for 10, renewable, years. |
| Ownership of the right: | Right to use cannot be subject to license. |
| Possible Applicant: | One or several legal entities or natural person. |
| Registration procedure: | Application, examination, registration. |
| Capital City: | Vientiane |
| UN Membership: | 1955 |
| WTO Membership: | 2013 |
| WIPO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Intellectual Property Law from 2011 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: sign used to indicate a good as originating in the territory of a country or region or locality in that territory, where a given quality and reputation or other characteristic of the good is essentially attributable to its geographical origin. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Likely to mislead to its origin, |
| Negative right: | Any acts of unfair competition. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | The owner of the industrial property shall have the following rights: to produce, to license other to produce, to assign to other by selling or giving, by inherit, to exploit the product obtained from the industrial property or any product obtained from t |
| Possible Applicant: | Individual, legal entity or organization. |
| Registration procedure: | Application, examination, publication of application, registration and publication of registration. |
| Capital City: | Riga |
| UN Membership: | 1991 |
| WTO Membership: | 1999 |
| WIPO Membership: | 1993 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Beirut |
| UN Membership: | 1945 |
| WTO Membership: | observer |
| WIPO Membership: | 1986 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| National Law: | Law No. 216/2000 related to the production, manufacture, sale and import of wine |
| Type of regime: | Geographical Indication |
| Definition: | GI: any indication which is related to the territory of production, the region or the area known by this indication. In general, any indication that may lead the consumer to believe that a product comes from a particular place is considered to be a geographical indication. |
| Scope of protection: | Wine. |
| Capital City: | Maseru |
| UN Membership: | 1966 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1986 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Industrial Property Order from 1989 |
| Type of regime: | Trademark |
| Details: | Collective mark (ColM) |
| Way of protection: | Registration |
| Definition: | ColM: any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark. |
| Scope of protection: | All goods nad services. |
| Negative right: | Misleading, creating confusion, against unfair competition. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, examination, opposition, registration and publication of registration. (national law) |
| Capital City: | Monrovia |
| UN Membership: | 1945 |
| WTO Membership: | 2016 |
| WIPO Membership: | 1989 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Liberia Intellectual Property Act, 2016 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration (national law) |
| Definition: | GI: indications which identify a good as originating in the territory of a Member State or a region or locality, in that territory where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. |
| Scope of protection: | All goods (national law); All goods and services as ARIPO. |
| Generic names: | Shall not be protected. (national law) |
| Other non-registrable names: | GIs against public order and morality shall not be protected (national law) |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. (national law) |
| Miscellaneous: | The registration can be filled or in one of the member states or directly in ARIPO. Protection grants in all of the member states. |
| Capital City: | Tripoli |
| UN Membership: | 1955 |
| WTO Membership: | observer |
| WIPO Membership: | 1976 |
| Paris Convention: | Yes |
| TRIPS Agreement: | observer |
| National Law: | Law No. 40 of 1956 on Trademarks |
| Way of protection: | Registration |
| Scope of protection: | All goods and services. |
| Duration of the right: | 10, renewable, years. |
| Registration procedure: | Application, registration. |
| Miscellaneous: | Alcohol is excluded from the registration. |
| Capital City: | Vaduz |
| UN Membership: | 1990 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1972 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | European Economic Area |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Capital City: | Vilnus |
| UN Membership: | 1991 |
| WTO Membership: | 2001 |
| WIPO Membership: | 1992 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registation |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Luxembourg |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Macao |
| WTO Membership: | 1995 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Industrial Property Code from 2001 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: name of a region, a specific place or country or territory used to designate or identify a product originating in that region, a specific place or country or territory, the quality or characteristics of which are due essentially or exclusively to the geographical environment, including natural and human factors, and whose production, processing and preparation takes place within the defined geographical area. Non-geographical names. |
| Definition1: | GI: name of a region, a specific place or, in exceptional cases, a country or territory, which serves to designate or identify a product originating in that region, a particular place or country or territory, the reputation, quality or other characteristics of which may be attributed to that region or origin and whose production and / or processing and / or processing take place within the defined geographical area. |
| Scope of protection: | All the sectors of trade activities. |
| Negative right: | Unlawful use, deceive to its origin, similar products. Unlawful use by third parties. |
| Duration of the right: | Indefinite. |
| Registration procedure: | Application, examination, registration and publication. |
| Capital City: | Skopje |
| UN Membership: | 1993 |
| WTO Membership: | 2003 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Law on Industrial Property from 2009 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | AO: geographical name of the country, region or place indicated on the product originating from that area and having quality and particular characteristics exclusively or mostly conditioned by the geographical environment, including the natural and human factors and the production, processing and preparation which are entirely carried out in the certain limited region of origin. |
| Definition1: | GI: geographical name of the country, the region, or place indicated on the product having quality, reputation or other characteristics that may be essentially attributed to the geographical origin. Production and/or procedure and/or preparation of the product are carried out in a certain place of origin. Non-geographical traditional name might also be protected. |
| Scope of protection: | Natural products, agricultural products, industrial products, handicraft products and homemade handworks. |
| Foreign GIs: | Foreign names might be registered basing on the reciprocity rule or on international agreement |
| Generic names: | Shall not be be registered. |
| Definition of generic name: | Registered names cannot become generic. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Other non-registrable names: | Contrary to public order and morality, misleading as to the kind, origin, quality, manner of production or other properties of the product, equal to the name of a plant variety or animal breed, in case when it might mislead the public regarding the geogra |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite protection. Right to use is valid for 5, renewable, years. |
| Possible Applicant: | Producers or group of producers, state administrative body, local self-government unit and chambers interested in protection of geographical names in the area of their activity, foreign natural and legal persons. |
| Registration procedure: | Application, examination, registration. |
| Capital City: | Antananarivo |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1989 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Decree No. 92-993 of December 2, 1992, implementing Ordinance No. 89-019 of July 31, 1989, establishing Arrangements for the Protection of Industrial Property in Madagascar (as amended by Decree No. 95-057 of January 17, 1995) |
| Type of regime: | Trademark |
| Details: | Collective mark |
| Way of protection: | Registration |
| Definition: | ColM: any visible sign designated as a collective mark at the time of filing that is intended and capable of identifying the origin, quality or any other common characteristic of goods or services of various enterprises which use the collective mark under the control of the owner. |
| Scope of protection: | All goods and services. |
| Registration procedure: | Application, examination and publication. |
| Capital City: | Lilongwe |
| UN Membership: | 1964 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1970 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Trademark Act from 1967 |
| Type of regime: | Trademark |
| Details: | Collective mark |
| Way of protection: | Registration |
| Definition: | ColM: mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic from goods not so certified. (national law) |
| Scope of protection: | All goods. (national law) All goods and services as ARIPO. |
| Duration of the right: | 7, renewable, years. |
| Registration procedure: | Application, examination, opposition, registration. |
| Miscellaneous: | The registration can be filled or in one of the member states or directly in ARIPO. Protection grants in all of the member states. |
| Capital City: | Kuala Lumpur |
| UN Membership: | 1957 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1989 |
| TRIPS Agreement: | Yes |
| National Law: | Geographical Indications Act from 2000 amended by Geographical Indications Acts from 2002 and 2003 |
| Type of regime: | Geographical Indication |
| Way of protection: | Regardless registration, registration |
| Definition: | GI: indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin. |
| Scope of protection: | Any natural or agricultural product or any product of handicraft or industry. |
| Foreign GIs: | Eligible for registration. |
| Generic names: | Shall not be registered. |
| Relation with trademarks: | Earlier TM: coexistence. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | Contrary to public order or morality. |
| Negative right: | Misleading and confusing to its origin. |
| Duration of the right: | 10, renewable, years. |
| Possible Applicant: | Natural person or legal entity. |
| Registration procedure: | Application, examination, opposition, registration. |
| Capital City: | Male |
| UN Membership: | 1965 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2004 |
| TRIPS Agreement: | Yes |
| National Law: | None |
| Capital City: | Bamako |
| UN Membership: | 1960 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1982 |
| Relevant Regional Organizations: | OAPI |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Valletta |
| UN Membership: | 1964 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1977 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Regulation (EU) No 1308/2013 of the European parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 |
| National Law: | On national level only law on national procedure that is a part of EU registration procedure is relevant. The national procedure is created as a first examination phase. |
| Type of regime: | Geographical Indication |
| Details: | Traditional names can be used as PDOs when they designate a wine, refer to a geographical name and fulfil the requirements of definition of PDO. |
| Way of protection: | Registration |
| Definition: | PDO: name of region, place or country used to describe product; its quality and characteristics are essentially or exclusively due to specific geographical environment with its inherent natural and human factors; grapes used in product come from that geographical area and production takes there. |
| Definition1: | PGI: region, specific place or country, used to describe product; its quality, reputation or other characteristics attributable to specific geographical origin; at least 85% of the grapes used for its production come exclusively from that area and its production takes there. |
| Scope of protection: | Wine, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined grapes, wine of overripe grapes. |
| Foreign GIs: | Eligible for registration, application goes to the Commission. |
| Generic names: | Generic names shall not be registered. PDOs and PGIs shall not become generic. |
| Definition of generic name: | Generic name: name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the UE. To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular: existing situation in the Union, notably in areas of consumption; the relevant Union or national law. |
| Homonymous names: | Might be registered only if a differentiation between them can be guaranteed. Names that might mislead the consumer to their origin shall not be registered. While making decisions about coexistence of homonymous names, equality between producers must be p |
| Relation with trademarks: | Name shall not be protected if, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine. TM: a posteriori to GI registration - refused or invalid registration. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Any interested group of producers (exception: single producer). |
| Registration procedure: | Application to the national institute, examination by national institute, publication of the application and forwarding application to the Commission (end of national procedure). Examination, publication of application, objection, decision on protection, |
| Miscellaneous: | Trans-border applications are eligible for application. |
| Capital City: | Majuro |
| UN Membership: | 1991 |
| WIPO Membership: | 2017 |
| National Law: | None |
| Capital City: | Nouakchott |
| UN Membership: | 1961 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1976 |
| Relevant Regional Organizations: | OAPI |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Bangui Agreement, March 1977 (Annex VI), since February 1982, as last amended in February 1999 |
| National Law: | None |
| Type of regime: | Geographical Indication |
| Details: | Geographical Indication (GI) |
| Way of protection: | Registration |
| Definition: | GI: an indication that serves to identify a product as originating from a territory, a region, or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographcial origin. |
| Scope of protection: | Any natural, agricultural, craft or industrial product. |
| Foreign GIs: | Foreign GIs shall enjoy the same rules, only when an international convention to which member States are party or in the enforcing legislation and the other country. Shall not be protected if not protected in their country of origin, have ceased to be protecte or have fallen into disuse in this country. International registration according to Lisbon Agreement regime in one of the countires shall have the same effect in all member states of OAPI. |
| Relation with trademarks: | Earlier TM: coexistence, except when it comes to wine or spirit. Later TM: unregisterable if might mislead. |
| Other non-registrable names: | GIs against morality or public policy and liable to deceive. |
| Negative right: | Unlawful use, deceive to its origin, similar products, translations. |
| Possible Applicant: | All persons that are producers and groups of them, groups of consumers and any competent authority might file an application for registration. |
| Registration procedure: | Application, examination, registration, publication of registration and opposition. |
| Miscellaneous: | The competent national authority of the member State might decide that the quality of products put on sale or used under a registered GI will be controlled or its use will be prohibited. |
| Capital City: | Port Louis |
| UN Membership: | 1968 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1976 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | None |
| Capital City: | Mexico City |
| UN Membership: | 1945 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1975 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| National Law: | Law of Industrial Property (last amended in 2016) |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | DO: name of a geographical region of country which server to designate original product originating from that region and which quality or characteristics are connected exclusively to geography, including natural and human factors. |
| Definition1: | GI: name of a geographical area or one that contains said name, or another indication known to refer to said area, that identifies a product as originating therein, when a certain quality, reputation or other characteristic of the product is fundamentally attributable to its geographical origin. |
| Foreign GIs: | May be registered directly. |
| Generic names: | Shall not be registered. Generic name might be a part of the protected name. |
| Other non-registrable names: | Liable to deceive in matter of origin, similarity to other GI or TM, translation of non-registrable name, consists of name of plant or animal variety. |
| Negative right: | Any direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | The authorization of use is valid for 10, renewable, years. |
| Ownership of the right: | Mexico is the owner of denomination of origin. It can be used by authorization. |
| Possible Applicant: | Producers, association of producers, public authorities and regional governments. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Palikir |
| UN Membership: | 1991 |
| National Law: | None |
| Capital City: | Chisinau |
| UN Membership: | 1992 |
| WTO Membership: | 2001 |
| WIPO Membership: | 1991 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs from 2013 |
| National Law: | Law No. 66-XVI of March 27, 2008, on the Protection of Geographical Indications, Appellations of Origin and Traditional Specialties Guaranteed (as amended up to Law No. 101 of May 26, 2016) |
| Type of regime: | Geographical Indication |
| Details: | Geographical indications and appelattions of origin; Possibility of registration for traditional geographical or non geographical names. Further provisions on raw materials used in production of appellations of origin. |
| Way of protection: | Registration |
| Definition: | GI: name of a region or a locality, a specific place or, in exceptional cases, a country, used to describe a product originating in that region, locality, specific place or country, which possesses a specific quality, reputation or other characteristics attributable to that geographical origin, and at least one of the production stages of which is carried out in the defined geographical area |
| Definition1: | AO: geographical name of a region or locality, a specific place or, in exceptional cases, a country, used to designate a product originating in that region, locality, specific place or country, and the quality or characteristics of which are essentially or exclusively due to the particular geographical environment comprising inherent natural and human factors thereof, and the production stages of which are carried out all in the defined geographical area. |
| Scope of protection: | All goods. |
| Generic names: | Shall not be registered. In order to establish whether a name has become generic, all factor should be taken into account, especially situation in origin country and its areas of consumption and legislation from the relevant countries. Protected names can |
| Definition of generic name: | Generic name: the name of an agricultural product or a foodstuff which, although even if it relates to the place or the region where this product or foodstuff was originally produced or marketed, or constitutes a derivative of such indication, and has lost its original meaning and become a common name of an agricultural product or a foodstuff in the Republic of Moldova, or indicates its type, quality, category or any other feature or characteristic. |
| Other non-registrable names: | Contrary to public order and morality. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | Geographical indications shall not be subject to any real rights. |
| Possible Applicant: | Groups of producers. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Capital City: | Monaco |
| UN Membership: | 1993 |
| WIPO Membership: | 1975 |
| The Madrid Agreement for the Repression of False or Deceptive In: | Yes |
| National Law: | Law No. 1058 of 10 June 1983 on Trademarks and Service Marks. |
| Type of regime: | Trademark |
| Scope of protection: | All goods and services. |
| Miscellaneous: | Protection of well-known marks. |
| Capital City: | Ulaanbaatar |
| UN Membership: | 1961 |
| WTO Membership: | 1997 |
| WIPO Membership: | 1979 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law on Trademarks and geographical indications from 2010 |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: a country, region, or region where goods and products are characterized by quality, reputation and other characteristics characterized by the nature of the area or the natural environment of the area concerned. |
| Scope of protection: | All goods. |
| Foreign GIs: | Eligible for registration. |
| Generic names: | Shall not be registered. A name compound of generic name can be registered. |
| Duration of the right: | Indefinite. |
| Possible Applicant: | Consorctiums and associations. |
| Registration procedure: | Application, examination, publication of application, registration and publication of registration. After the registration, certification of use shall be issued. |
| Capital City: | Podgorica |
| UN Membership: | 2006 |
| WTO Membership: | 2012 |
| WIPO Membership: | 2006 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Lisbon Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part from 2010 |
| National Law: | Law on Geographical Indications (Official Gazette of Montenegro, Nos. 48/2008 and 40/2011) |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: mark that identifies certain goods as goods originating in the territory of a particular country, region or locality from that territory, where a certain quality, reputation or other characteristics of the goods can be essentially attributable to its geographical origin. Can be non-geographical name. |
| Scope of protection: | Natural, agricultural and industrial products, domestic products and services. |
| Generic names: | Shall not be registered. |
| Homonymous names: | Homonymous names should coexist when the differentiation can be granted. |
| Relation with trademarks: | TM prior and in good faith: coexistence |
| Other non-registrable names: | Names against public order and morality, creating confusion in consumer. |
| Negative right: | Any (in)direct commercial use by comparable products not complying with the product specification, exploitation of reputation, any misuse, imitation, evocation, translation, transcription, usage of expression such as “style” and similar. False or misleading indication. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | It is not transmittable. |
| Registration procedure: | Application, examination, registration. |
| Capital City: | Rabat |
| UN Membership: | 1956 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1971 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Law No. 17-97 on Industrial Property (as amended and supplemented by Laws No. 31-05 and No. 23-13) |
| Type of regime: | Geographical Indication |
| Way of protection: | Registration |
| Definition: | GI: any indication used to identify a product as originating in a territory, region or locality of that territory, in cases where a certain quality, reputation or other characteristic of the product may be attributed primarily to this geographical origin. A geographical indication consists of any sign or combination of signs such as words, including geographical and personal names, as well as letters, numbers, figurative elements, and colors, including unique colors regardless of their form. |
| Definition1: | AO: the geographical name of a country, region or locality used to designate a product that originates there and whose quality, including natural factors and human factors. |
| Scope of protection: | All products. |
| Foreign GIs: | Members of Paris Convention (International Union for the Protection of Industrial Property) shall enjoy the same treatment as nationals of Morocco. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. |
| Miscellaneous: | Morocco had some regulations on some GIs for wines. It seems that currently they are not into force since the new Industrial Property Code has been implemented. |
| Capital City: | Maputo |
| UN Membership: | 1975 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1996 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | Industrial Property Code from 2015 |
| Type of regime: | Geographical Indication |
| Details: | Designation of Origin (PDO) and Geographical Indication (PGI) |
| Way of protection: | Registration |
| Definition: | DO: the name of a region, a specific place or, in exceptional cases, a country, used to distinguish or identify a product originating in that region, place or country, whose qualities or characteristics are due exclusively or essentially to a particular geographical environment, including natural and human factors, and the production or extraction, processing or preparation of which take place in the defined geographical area. |
| Definition1: | GI: the name of a region, a specific place or, in exceptional cases, a country, which is used to distinguish or identify a product originating in that region, place or country, whose reputation, specific quality or certain characteristics may be attributed to that particular geographical origin, provided that the production, extraction and/or processing and/or creation thereof takes place in the defined geographical area. |
| Scope of protection: | All products that are characteristic of and originating in the locality, region or territory, in the usual and traditional conditions, or duly regulated. |
| Generic names: | Shall not be registered. |
| Homonymous names: | The homonymous Gis are protected, ensuring their differentiation by customers. |
| Relation with trademarks: | Earlier TM: if well-known and long in the usage: GI shall not be registered. |
| Other non-registrable names: | In confusion with plant variety or animal breed; contrary to public order and morality. |
| Duration of the right: | Indefinite. |
| Ownership of the right: | Ownership of GI is not transferable. |
| Possible Applicant: | Interested group or producer. |
| Registration procedure: | Application, examination, publication of application, opposition, registration and publication of registration. For a GI just applied for registration, provisional protection is granted. |
| Miscellaneous: | Trans-boarder application is possible. |
| Capital City: | Naypyidaw |
| UN Membership: | 1948 |
| WTO Membership: | 1995 |
| WIPO Membership: | 2001 |
| TRIPS Agreement: | Yes |
| National Law: | None |
| Capital City: | Windhoek |
| UN Membership: | 1990 |
| WTO Membership: | 1995 |
| WIPO Membership: | 1991 |
| Relevant Regional Organizations: | ARIPO |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| Relevant Bilateral / Regional Agreements / etc#: | Banjul Protocol on Marks Within the Framework of the African Regional Industrial Property Organization (ARIPO) |
| National Law: | Industrial Property Act from 2012 |
| Type of regime: | Trademark |
| Details: | Certification trademark and collective trademark. |
| Way of protection: | Registration |
| Definition: | CerM: mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, method of manufacture, quality, accuracy, or other characteristic, from goods not so certified shall e registerable as a certification trade mark. |
| Definition1: | ColM: mark capable of distinguishing, in the course of trade, goods or sevices of persons who are members of an association from goods or services of persons who are not members thereof. |
| Scope of protection: | Trade, goods and services (national law); All goods and services as ARIPO. |
| Generic names: | Shall not be registered. |
| Other non-registrable names: | Contrary to public order or morality, misleading or creating confusion. |
| Duration of the right: | !0, renewable, years. |
| Registration procedure: | Application, examination, publication, opposition, registration. |
| Miscellaneous: | The registration can be filled or in one of the member states or directly in ARIPO. Protection grants in all of the member states. Protection of well-known marks. (national law) |
| Capital City: | Yaren |
| UN Membership: | 1999 |
| National Law: | None |
| Capital City: | Kathmandu |
| UN Membership: | 1955 |
| WTO Membership: | 2004 |
| WIPO Membership: | 1997 |
| Paris Convention: | Yes |
| TRIPS Agreement: | Yes |
| National Law: | The Patent, Design and Trade Mark Act, 2022 (1965) amended up to 2002 |
| Type of regime: | Trademark |
| Way of protection: | Registration |
| Definition: | TM: means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others. |
| Scope of protection: | All goods and services. |
| Duration of the right: | 7, renewable, years. |
| Registration procedure: | Application, examination, registration and publication of registration. |
| Capital City: | Amsterdam |
| UN Membership: | 1945 |
| WTO Membership: | 199 |