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| | Geographical indication - Wikipedia, the free encyclopedia |
 | | In many countries the protection afforded to geographical indications by law is similar to the protection afforded to certain forms of intellectual property, and in particular, certification marks. | | | Although a GI is not a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. | | | Geographical indications are particularly important in Europe, where there has been a long tradition of associating certain food products with particular regions. |
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http://en.wikipedia.org/wiki/Geographical_indications_law
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| | IPR Primer: Geographical Indications (by WIPO) |
| | Geographical indications are protected in accordance with national laws and under a wide range of concepts, such as laws against unfair competition, consumer protection laws, laws for the protection of certification marks or special laws for the protection of geographical indications or appellations of origin. | | | WIPO is in charge of the administration of a number of international agreements which deal partly or entirely with the protection of geographical indications (see, in particular, the Paris Convention for the Protection of Industrial Property, and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration). | | | Whether a sign functions as a geographical indication is a matter of national law and consumer perception. |
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http://www.1000ventures.com/business_guide/ipr/geo_indications_main.html
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| | V. FINAL COMMENTS |
| | Geographical indications constitutes the only category of intellectual property rights defined so far which is unlimited in time and whose international protection depends -among others- on the fact that it shall be keep protected in its country of origin and shall not fall into disuse in that country. | | | But in the case of geographical indications, the role of the state concerned is much more than in the case of trademarks; though less burdensome and more helpful for the beneficiaries of the geographical indication. | | | There is not a single mechanism existing to protect geographical indications and it could be done by means of law, jurisprudence or administrative acts (including registration), and this could make international protection more difficult. |
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http://www.southcentre.org/publications/geoindication/paper10-07.htm
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| | Trade Topics - Council for Trade-Related Aspects of Intellectual Property Rights |
| | Protection for geographical indications through the use of certification marks is provided in Canada without restriction as to the type of product or service. | | | Remedies for infringement of a registered mark, including a geographical indication registered as a certification mark, include any order a court considers appropriate, including injunctive relief and the recovery of damages. | | | The special protection for geographical indications for wines and spirits is thus limited to wines and spirits originating in the territory of a WTO Member. |
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http://www.agr.gc.ca/itpd-dpci/english/topics/tripscnd.htm
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| | Jamaica Gleaner - Not for sale!
Geographical Indication Act to protect brand name 'Jamaica' - Sunday March 28, 2004 |
| | The Act allows any interested party to apply to the court to prevent the misuse of geographical indications in relation to the sale of goods. | | | "The deliberate misleading use of a geographical indication constitutes a criminal offence punishable by a fine of up to $1 million and/or imprisonment for up to 12 months in the Resident Magistrate Court," said Ms. | | | To this end, Minister of Commerce, Science and Technology, Phillip Paulwell, noted that a Geographical Indication Act was passed by the Upper House on February 20, 2004. |
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http://www.jamaica-gleaner.com/gleaner/20040328/lead/lead1.html
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| | Protection for Geographical Indications in New Zealand |
| | Generally, a geographical indication is protected indefinitely, although Article 24 of the TRIPS Agreement provides that WTO Members are not required to afford protection to foreign geographical indications where the term has become "customary in common language as the common name for such goods and services". | | | In New Zealand, protection for geographical indications is provided by the Geographical Indications Act 1994, the Fair Trading Act 1986 and the common law tort of "passing off". | | | As evidenced by the Champagne case, however, it is not necessary to register a geographical indication in order to benefit from the protection afforded by the Fair Trading Act 1986 and the common law tort of "passing off". |
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http://www.med.govt.nz/buslt/int_prop/info-sheets/geog-ind.html
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| | Board Resolutions International Trademark Association |
| | A geographical indication is a term which is given protection as an indication of geographical origin, such as New Zealand mussels, either sui generis as an appellation of origin or through unfair competition and/or consumer protection laws. | | | These negotiations already are providing an opportunity for geographical indications proponents to seek to reopen the entire issue in order to provide greater protection of geographical indications at the expense of trademark rights. | | | The Portuguese government declared a Torres Vedras geographical indication, which, under a European Commission regulation on wine, would have resulted in prohibiting the use of the TORRES trademark since it was in conflict with a geographical indication. |
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http://www.inta.org/policy/res_geoindtms.html
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| | I. DEFINITIONS AND RELATED TERMS |
| | Unlike other categories of intellectual property rights such as patents or trademarks, where there is a general definition accepted worldwide, in the case of geographical indications there is not a single definition or a single terminology. | | | Trademark laws provide protection against the registration and use of a geographical indication as a trademark and against unauthorized used by third parties. | | | We have tried to seek some differences between the kind of protection given to geographical indications under the continental and common law approaches. |
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http://www.southcentre.org/publications/geoindication/paper10-03.htm
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| | gettext.pl?lang=en&num=79968881C19010216&doc=T&ouvert=T&seance=ARRET&where=() |
| | The indications of source protected under the bilateral convention, in particular the name Bud, were not however notified to the Commission within that period, which, for the Republic of Austria, expired on 30 June 1999. | | | Indications of source, designations of origin and other designations referring to the source within the meaning of this agreement mean all indications which relate directly or indirectly to the source of a product. | | | It would, moreover, be irrelevant whether that indication does in fact have a reputation or whether a person not entitled to do so had in fact exploited the reputation of that indication of source in the marketing of his products. |
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http://europa.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79968881C19010216&doc=T&ouvert=T&seance=ARRET&where=()
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| | SCT/S1/6: Report |
| | The Delegation noted that false indications of source did not require protection, but that a framework for protection of geographical indications was established by the TRIPS Agreement, which also defined geographical indications and required States to grant them protection. | | | The Delegation remarked that panelists applying existing law relating to geographical indications, similarly to those applying trademark law to cybersquatting cases, were not creating new law despite the lack of harmonization, but simply recognizing existing agreed rights at the international level. | | | The Delegation of the United States of America stated that it did not believe the problem encountered in relation to geographical indications in the DNS was of such a nature that it warranted an intellectual property solution through the UDRP. |
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http://www.wipo.int/documents/en/document/sct/sct_s1_6.htm
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| | Geographical Indications of Goods [ Registration and Protection ] Act 1999 |
| | to the authorized user the exclusive right to the use of the geographical indication in relation to the goods in respect of which it is registered. | | | An application for registration can be made for registering a geographical indication by an association of persons or producers or any organisation or authority representing the interests of the producers of the concerned goods. | | | A producer of the goods in respect of which a geographical indication has been registered may apply to the Registrar for registering him as an authorized user of such geographical indication. |
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http://www.naukri.com/lls/tm/gig.htm
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| | US Dept of State - Implications of Article 23 Extension |
| | Geographical indications to which exceptions in Article 24 do not apply already are provided sufficient protection under Article 22.2. | | | Thus, it is unlikely that extension of Article 23 to geographical indications for other goods would provide the promised protection for all terms in all WTO Members. | | | The United States' legal system currently offers the legal means to prevent unauthorized or misleading use of a geographical indication. |
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http://usinfo.state.gov/ei/Archive/2003/Dec/31-988250.html
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| | Geographical Indication And Basmati - Abhay Nigam - (4th Year) Symbiosis Law College |
| | In India the fiasco relating to basmati have compelled the government to take a serious notice of this right as it did not have written and published documentation that basmati should have geographical indication because their was a process by which basmati patent would be awarded to an American company rice tech. | | | under national laws each nation is required to make its own law to protect and register its geographical indication goods. | | | ntellectual Property consists, Patents, Copyrights, Trademarks, geographical indications, which relates to protection of confidential information and trade secrets. |
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http://www.legalserviceindia.com/articles/basmati.htm
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| | US Dept of State - Proposal for a Multilateral System for Notification and Registration of Geographical Indications for Wines and Spirits |
| | The mechanisms include: various systems of registration or recognition for geographical indications, trademark law registration, including the use of certification marks, consumer protection legislation, for example legislation relating to unfair competition, alcohol beverage labeling laws, and relevant case law. | | | After the initial notification, the WTO Secretariat shall revise the database of notified geographical indications for wines and spirits, adding or deleting indications in accordance with WTO Members' notifications or a request for removal received from the WTO Member who originally made the notification. | | | Any geographical indication for wines or spirits established in accordance with national legislation is entitled to protection under Section 3 of Part II of the TRIPS Agreement, whether or not it is registered in the WTO database. |
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http://usinfo.state.gov/ei/Archive/2003/Dec/31-157125.html
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| | HPO - Geographical Indications - Geographical Indication |
| | If the sign and the geographical indication comply with all requirements of the examination procedure (Section 1 Point a) APT), the Hungarian Patent Office grants protection for the sign as geographical indication (Section 64 APT). | | | When preparing the list of products, the product marked by a geographical indication is to be classified into a product class according to the Nice Agreement.E.g. | | | After filing the application for registration of the geographical indication the Hungarian Patent Office (hereinafter referred to as "Office") examines, whether the application satisfies the requirements for according a day of application (Section 51 Point a) APT). |
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http://www.hpo.hu/English/foldrajzi_arujelzo/fold_eljar.html
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| | rediff.com: Row over basmati far from over |
| | But Praveen Anand, a noted intellectual property rights attorney, says the issue of geographical indication is well documented in the WTO agreement on Trade Related Intellectual Property Rights, to which the US is a signatory. | | | Yet, when it comes to countries other than the US, it is not that India has not won cases on the basis of geographical indication or common law. | | | The APEDA chairman further clarified that efforts were on to strengthen India's case in other countries by classifying basmati varieties in terms of geographical indication. |
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http://www.rediff.com/money/2001/aug/25rice.htm
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| | Frequently Asked Questions |
| | X An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered. | | | This Act seeks to provide for the registration and better protection of geographical indications relating to goods in India. | | | X The authorised users can exercise the exclusive right to use the geographical indication. |
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http://www.patentoffice.nic.in/ipr/gi/gi_faq.htm
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| | SCADPlus: Protected geographical indications and designations of origin |
| | The aim of the communication is to provide information to traders affected by the simplified procedure on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, with a view to registering at Community level the designations that already exist in the Member States. | | | The new rules allow producer organisations to indicate that the product has been packaged in the production area, where packaging in the limited geographical area can be shown to be justified to safeguard quality and ensure traceability or control. | | | The type of link between the product and the geographical location is more stringent in the case of the PDO designation, the quality or other characteristics being due essentially or exclusively to its geographical environment. |
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http://europa.eu.int/scadplus/leg/en/lvb/l21097.htm
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| | TMEP Section 1203.04, Geographical Indication Which, When Used on or in Connection (BitLaw) |
| | Neither a disclaimer of the geographical designation nor a claim that it has acquired distinctiveness under §2(f) can obviate a §2(a) refusal if the mark consists of or comprises a geographical indication which identifies a place other than the origin of wines or spirits. | | | See TMEP §§1203.02 and 1203.02(a) as to geographical designations that are deceptive under §2(a) of the Trademark Act, and TMEP §§1210.06 and 1210.07 as to geographically deceptively misdescriptive marks, under §2(e)(3) of the Act. | | | The examining attorney must refuse registration under §2(a) of any geographical designation that was first used in commerce on or in connection with wines or spirits on or after January 1, 1996, if it identifies a place other than the origin of the goods. |
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http://www.bitlaw.com/source/tmep/1203_04.html
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| | issue114.html |
| | The spirited debate on the patentability of computer-related inventions at the latest plenary session of the European Parliament may have led some practitioners to overlook new proposals on community trademark rules for geographical indications that were approved by the European Parliament on September 23, 2003. | | | As reported in Issue 97 of this newsletter, the U.S. and Europe have been battling over geographical indications under the auspices of the World Trade Organization. | | | Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message. |
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http://www.aplf.org/mailer/issue114.html
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| | International Food Law News (03-11) |
| | The US complained that the regulation did not allow the registration of non-EC geographical indications unless the geographical indication was from a country that offered geographical indication protection that was equivalent to that of the EC. | | | On 2 October 2003, the Dispute Settlement Body agreed to established a panel to examine European Community rules on the protection of trademarks and geographical indications for agricultural products and foodstuffs. | | | The United States and Australia requested the panel. |
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http://www.foodlaw.rdg.ac.uk/news/in-03011.htm
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| | HPO - Legal Sources - Geographical Indication - Geographical indication |
| | 27.) IM (Minister of Justice) on the Formal Requirements of the Trademark Applications and of the Applications for Geographical Indications * | | | Decree No. 87/1998 (V. 6.) of the Government on the detailed rules concerning the protection of geographical indications of agricultural products and foodstuffs * | | | Agreement on the Indications and Appellations of Origin and other Geographical Indications, concluded between the People's Republic of Hungary and the Swiss Commonwealth |
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http://www.hpo.hu/English/jogforras/jogforras_faru
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| | The Week |
| | The Centre has patented the Aranmula mirror with the Geographical Indication tag. | | | The tag identifies goods that have originated or are manufactured in a particular region, and the quality of which is attributable to their geographical origin. | | | Articles and contents can be used as per our terms&conditions.Standard disclaimers applicable |
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http://www.the-week.com/24sep12/currentevents_article3.htm
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| | I |
| | The first indication that we have so far of the presence of Israel as a political entity in Canaan to the west of the Jordan, is found on a stele erected at Thebes in Egypt by the Pharaoh Mer-ne-Ptah, around 1220 BC. | | | HOROWITZ A. Preliminary palynological indications as to the climate of | | | Deuteronomy, was geographically comprehensible, at the time it was compiled, for whoever knew the territory. |
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http://www.harkarkom.com/exodustimeVERS1.htm
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| | Protected Geographical Indication - definition of Protected Geographical Indication in Encyclopedia |
| | Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Speciality Guaranteed (TSG) are classifications defined in European Union Law to protect regional foods. | | | There are also cases where a geographical name has been trademarked for a particular product that might not even be manufactured there, such as Philadelphia cream cheese. | | | This does not fall within the required geographical restriction so the brewery is now applying to the EU authorities to have the geographical restriction revoked – if it is not, the brewery will either have to stay put, or stop calling its beer "Newcastle" brown ale. |
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http://encyclopedia.laborlawtalk.com/Protected_Geographical_Indication
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| | Geographical Indications |
| | Geographical Indications of Goods (Registration and Protection) Act, 1999 | | | Operationalisation of Geographical Indications of Goods (Registration and Protection) Act, 1999 | | | eographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. |
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http://ipindia.nic.in/ipr/gi/geo_ind.htm
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| | GUIDELINES FOR FILING OF AN GI APPLICATION |
| | The procedure for registration as an authorised user is similar to that for the registration of a geographical indication. | | | After a geographical indication is registered any person claiming to be the producer of the registered geographical indication can file an application for registration as an authorised user in Part B of the Register. | | | If no objections is raised it would be accepted and would be advertised in the Geographical Indications Journal. |
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http://www.patentoffice.nic.in/ipr/gi/gi_guidelines.htm
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| | Keral.com |
| | The geographical indication is a sign used on goods that have a specific geographical origin and posses qualities or a reputation that are due to that place of origin. | | | These spices are popular in the international markets by its geographical indication name and by registering them under the Geographical Indication Act 1997, the country can prevent other countries from selling their produce under these brand names. | | | They point out the need to register these geographical indication names as transactions worth crores are taking place in these commodities in the international commodities market. |
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http://www.keral.com/newsfeatures/spices
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| | Blake, Cassels & Graydon LLP - Canada - Generic No MoreExpanded Protection Of Geographical Indications In Canada (11/08/2004) from Mondaq |
| | Geographical indications, also known as appellations of origin, are names applied to products originating in a certain territory, region or locality, where the quality, reputation or other characteristic is essentially attributable to the products geographical origin, either alone or in tandem with the use of certain ingredients and/or manufacturing techniques. | | | The reputation associated with the geographical indication is of vital importance, and false use of a geographical indication may be detrimental to both consumers and legitimate producers.... | | | This service is completely FREE but for the full article and thousands of other articles from 100+ countries please tell us about yourself by registering (and yes, our lawyers like to think you've read our Disclaimer). |
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http://www.mondaq.com/i_article.asp_Q_articleid_E_27773
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| | Advanz Fidelis - What Is A Geographical Indication? |
| | An example of a current geographical indication is “Tuscany” for olive oil produced in a specific part of Italy (protected by Italian Law No. 169, 1992). | | | It may be used by the owner to prevent unauthorized parties from falsely using a geographical indication to indicate as genuine a product with specific qualities and characteristics when they are in fact an imitation. | | | A geographical indication usually consists of the name of the place of origin and to be protected, a product must therefore derive its qualities or reputation from that place. |
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http://www.advanz.com.my/what_are_gis.htm
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