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 The Napa Valley Experience in Protecting NAPA VALLEY  The Napa Valley Experience in Protecting NAPA VALLEY

The Napa Valley Experience in Protecting NAPA VALLEY - PowerPoint Presentation

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Uploaded On 2020-04-05

The Napa Valley Experience in Protecting NAPA VALLEY - PPT Presentation

Presented by J Scott Gerien Esq Outside Counsel Napa Valley Vintners Napa Valley Most acclaimed profitable wellknown wine appellation in the United States American Viticultural Area US Appellation of Origin ID: 775892

napa valley mark certification napa valley mark certification experience registration system refused tpp wine appellation evidence multilateral appeal china

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Slide1

The Napa Valley Experience in Protecting NAPA VALLEY

Presented by:

J. Scott Gerien, Esq.

Outside Counsel, Napa Valley Vintners

Slide2

Napa Valley

Most acclaimed, profitable, well-known wine appellation in the United States

American Viticultural Area (U.S. Appellation of Origin)

Geographical Certification Mark Registration, Napa Valley Vintners Registrant

Slide3

Worldwide Protection for NAPA VALLEY

Slide4

Jurisdictions of Protection for NAPA VALLEY

Australia (CM)Brazil (GI)Canada (GI)China (GI and CM)EU (GI)India (GI)Israel (CM)

New Zealand (CM)Norway (CM)Singapore (CM)Taiwan (CM)Thailand (GI)Turkey (CM)U.S. (CM)

GI = Geographical Indication Registration

CM = Certification Mark Registration

Slide5

China Experience

Could not register as certification mark until U.S. certification mark registration issued

Napa Valley first foreign wine GI registered in China by AQSIQ

$100k+ in costs, travel, attorneys’ fees, expert fees

Seven years

Challenges of being first

Slide6

Switzerland Experience

Madrid extension of certification mark to CH

Treated as equivalent to Swiss guarantee mark

Refused, geographic terms descriptive, not registerable without acquired distinctiveness evidence

Potential appeal to Federal Supreme Court

Potential path through Canton system for recognizing wine appellations

Slide7

Chile Experience

Refusal of both GI and Certification Mark Apps

GI refused for failure to demonstrate sufficient connection between product characteristics and region, expert report required

Certification mark refused because “Napa Valley” was found to be geographically descriptive

Slide8

Vietnam Experience

GI application filed nearly 10 years ago

Refused during TPP negotiations on basis U.S. needed to provide some equivalent concession

No action taken during pendency of TPP, NOIP said would not issue until TPP signed

Unclear what will happen now given Trump administration position on TPP

Slide9

Russia Experience

AOC application is still pending, has been refused at examination stage and Rospatent Board of Appeal

Basis is AVA not evidence of appellation, certification mark not evidence of appellation, and two things are contradictory

NVV intends to appeal to IP Court

Slide10

Multilateral System

NVV supports Lisbon, but it is beyond control of NVV

Multilateral system for registration of geographical indications for wine per TRIPS

Madrid-Protocol type system

INTA Proposal for

Multilateral System

http://

www.inta.org/Advocacy/Documents/INTAProposalforMultilateralGIRegister.pdf

Slide11

Thank you!

J. Scott Gerien

Dickenson, Peatman & Fogarty

sgerien@dpf-law.com

Outside Counsel to Napa Valley Vintners