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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 2017-09-18

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: 588824

valley napa certification mark 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 VintnersSlide2

Napa ValleyMost 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 RegistrantSlide3

Worldwide Protection for NAPA VALLEYSlide4

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 RegistrationSlide5

China ExperienceCould 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 firstSlide6

Switzerland ExperienceMadrid 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 appellationsSlide7

Chile ExperienceRefusal 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 ExperienceGI 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 TPPSlide9

Russia ExperienceAOC 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 CourtSlide10

Multilateral SystemNVV 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