1. Geographical Indications In the International Arena The Current Situation
Marcus Höpperger
Acting Director
Law and International Classifications Division

2. WIPO Founded 1970 UN specialized Agency since 1974 184 Member States
24 International Agreements
“Promotion of protection of intellectual property worldwide”

3. Paris Convention 1883
171 Member States

4. Industrial Property … has as its object … “indications of source” or
“appellations of origin”
(Article 1(2) PC)

5. Industrial Property
… “shall apply likewise to agricultural industries […] and to natural products, for example wines, grain, tobacco, leaf, fruit, cattle, minerals, mineral waters, beer, flowers and flour”.
(Article 1(3) PC)

6. Terminology Indication of Source Appellation of Origin
“Indication referring to a country or to a place situated therein as being the country or place of origin of a product”
Appellation of Origin
“The geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors”
Geographical Indication “Indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”

7. TRIPS Agreement 1994
Agreement on Trade-related Aspects of Intellectual Property
Integral part of the World Trade Organization (WTO)
150 Members
Protection for “geographical indications”

8. Relationship

9. Geographical Indications
Interrelation between product and origin
«Terroir» theory
Wine and spirits
Cheese, ham and cigars
Watches and knives

10. Types of Protection
national level
Protection against unfair competition (passing off)
Collective or certification marks
sui generis protection
administrative systems of protection

11. Types of Protection
Protection against unfair competition (passing off) e.g. Swiss Chalet Chocolate

12. Types of Protection
Collective or certification marks e.g.

13. Madrid Agreement & Protocol
80 Countracting Parties
Agreement only 7 Protocol only 23 Agreement and Protocol 50
(Including EC)
Following the accessions by these seven countries and by the EC, the Madrid Union will have, on October 1, 77 members: 66 Contracting Parties to the Protocol and 56 to the Agreement. In this map are indicated, in light blue the 11 countries still bound only by the Agreement; in dark blue, the 45 countries which are bound by both treaties, and in green-blue the 20 countries which are bound only by the Protocol, to which should be added the European Community.
As we can see, the Madrid system continues to expand in different regions in the world. Europe is still the region the most largely represented (with 42 Members). But the System has now also 19 members in Asia, 12 in Africa and 3 in the Americas.
Altogether, the Madrid Union countries account today for more than half of the world population (3.1 billion people) (out of 6.1 billion). Their combined Gross Domestic Product represents about 2/3 of the world gross product.
This means that the Madrid System is certainly offering a very attractive market for making business to all those who are entitled to use it.

14. Madrid System Collective and Certification Marks
Rule 9(4)(x) of Common Regulations
1078 internationally registered collective or certification marks
364 in classes 29 to 33

15. Madrid System

16. Types of Protection
sui generis protection e.g. protected appellations of origin and registered geographical indications

17. Lisbon Agreement for the Protection of Appellations of Origin and their International Registration
23 Member States

18. Lisbon Agreement 882 internationally registered appellations of origin
(808 in force)
New accessions
Georgia (2004)
Peru (2005)
DPR Korea (2005)
Nicaragua (2006)
Iran (2006)
Montenegro (2006)

19. Types of Protection Administrative systems of protection
e.g. certificates of label approval for alcoholic beverages

20. Geographical Indications
Instrument for
agricultural policy
and organization
for a market, e.g.
quantitative regulations
qualitative regulations
protection of collective reputation
Individual rights
e.g. “Evian” TM

21. Geographical Indications
Public law approach e.g. protected appellations of origin “appellation d’origine controlée” Lisbon countries
Private law approach e.g. law against unfair competition, passing off, collective or certification marks

22. Multifunctional
Benefits for the rural economy, in particular less-favored or remote areas
“Agrotourism”
Improving incomes of farmers
Protection of products with identifiable geographical origin
Effects for “nation branding”
Protection of “reputation” = intangible value

23. Concluding Remarks Valuable intellectual property rights
Mulitfunctional
Means for product differentiation and identification
Need for
active marketing and promotion
positive protection in accordance with existing mechanisms and specific needs and requirements of all stake holders

24. www.wipo.int marcus.hopperger@WIPO.int
Thank you