the european union wipo sct geneva 28 march 2017 Francis FAY Head of Unit Geographical Indications DG Agriculture and Rural Development European Commission 1 Defined geographical area ID: 575548
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practices related to geographical indication systems:the european union wipo sct geneva28 march 2017
Francis FAY
Head of Unit ‘
Geographical
Indications’
DG Agriculture and Rural Development
European CommissionSlide2
1 Defined geographical area
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2 Specific product
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3 Link between 1. and 2.
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GI
Protecting links between product, people and placeSlide3
Registration systemProduct linked to territoryProducer group: Writes specificationControl system – either certification or official controlsAdministrative processCheck the area, the link between product and environmental/human factors or reputationAssess prior uses Opposition processFinal decision: register or reject3Slide4
Rights and ownershipPositive rightExplicit right to use the registered nameFor any operator marketing authentic product (producer, cooperative, importer, distributor, wholesaler, retailer)Protection against wrongful uses: Absolute protection for registered name.Extended protection against specific misuses, including ‘evocation’ and translations4Slide5
Respect for prior rights and territorialityTerritorial principle: integral to IP systemsGeneric terms cannot be registeredTrade marks earlier in time :Either prevent registration or apply coexistence: Both GI and trade mark enjoy right of useAll other trade mark rights unimpaired Plant varietals and animal breedsEither prevent registration or apply coexistence5Slide6
Practices: openness to non-EU applicationsDirect applications welcomedNo need for government interventionNo need for government certification and controlMust show GI is protected in its country of origin for the specific productEntry in EU Register gives right to use EU logos6Slide7
thank you for your attentionpractices related to geographical indication systems:the european unionwipo sct geneva,28 march 2017
Francis FAY
Head of Unit ‘
Geographical
Indications’
DG Agriculture and Rural DevelopmentEuropean Commissionfrancis.fay@ec.europa.euSlide8
8Slide9
Protected designation of originProtected geographical indication9