Geographical indications : what does the WTO TRIPs Agreement require? / Clark W. Lackert.

Geographical indications : what does the WTO TRIPs Agreement require? / Clark W. Lackert.

Journal article

1 volume ([8] pages) ; [28] cm.

52 GB

Outline: - the local producers of the product must first seek protection for their appellation of origin (ie, region's name) in their home country; - the protected national appellation of origin is deposited at WIPO in Geneva and extended to all Lisbon Union countries, which have one year to communicate to WIPO that they cannot guarantee protection (Article 5(4)). If they do not, protection is given, but such protection can always be challenged in a court; - As long as the appellation of origin is protected in the home country, all other Lisbon countries are obligated to protect it (Article 1(2)), but such protection can always be challenged in a court; - If an existing trademark right conflicts with a newly registered appellation of origin, it must be phased out within two years (Article 5(6)) since the appellation of origin right is a superior right to the trademark right;.

Trademark World ; 1998 No 109 pages 22-30.

London [England] : Informa Law, 1998.

Anglais