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REVIEW OF THE LISBON AGREEMENT FOR REVIEW OF THE LISBON AGREEMENT FOR THE PROTECTION OF APPELLATIONS OF THE PROTECTION OF APPELLATIONS OF ORIGIN AND THEIR INTERNATIONAL ORIGIN AND THEIR INTERNATIONAL REGISTRATION: LATEST DEVELOPMENTSREGISTRATION: LATEST DEVELOPMENTS
Florence RojalLegal OfficerLisbon Registry Brands and Designs Sector
Tbilisi13 November
2012
ChronologyChronology
Establishment of a Working Group (WG) on the Development of the Lisbon system (Sept. 2008)
1st session of the WG (March 2009)
2nd session of the WG (Aug-Sept 2010)-Survey on the possible improvements to the Lisbon system/ Study
on the accession of regional organizations
3rd session of the WG (May 2011)- Draft provisions on certain matters addressed by the WG in the
context of the review of the Lisbon system
4th session of the WG (Dec. 2011)-Draft New Instrument (DNI) and Draft Regulations (DR)
5th session of the WG (June 2012)-Amended DNI and DR
Working Group on the Development Working Group on the Development of the Lisbon Systemof the Lisbon System
The provisions of the draft new instrument concern: Definitions for GIs and AOs Procedures for international applications and registration Scope of protection Prior rights and prior use Applications for trans-border GIs and AOs Accession criteria for IGOs
(e.g., EU, OAPI)
Revision Lisbon Agreement? New treaty?
Possible workshop on dispute settlement within the Lisbon system?
Outcome of the fifth session of the Working Outcome of the fifth session of the Working Group (June 11-15, 2012)Group (June 11-15, 2012)
Further discussions regarding the legal form of the DNI and its possible implications (Revised Lisbon Agreement, New Treaty/Protocol supplementing the Agreement)
Revised and simplified versions of the DNI and the DR to be prepared by the Secretariat for its 6th session.
Revised texts shall take due account of the observations made and incorporate alternative provisions and different options between brackets.
Ex: -Separate instruments /independent GI and AO definitions
-Single or dual level of protection / single or dual Register
-Fee reduction for applicants from developing countries
Lisbon Union Assembly (October 2012)Lisbon Union Assembly (October 2012)
Noted that the review of the Lisbon system was progressing well and that the Lisbon WG would consider, in December 2012, a revised draft new instrument concerning the international registration of GIs and AOs
http://www.wipo.int/lisbon/en/
In particular, work will continue towards:In particular, work will continue towards:
1. Revision of the Lisbon Agreement- Refinement of the Legal Framework- Accession Possibility for IGOs (e.g., EU)
2. Establishment International Registration System for GIs
Future WorkFuture Work
Further meetings of the WG will be convened
WG will continue to work towards a revision of the Lisbon Agreement and/or the conclusion of a new treaty or protocol supplementing the Lisbon Agreement
Establishment of an electronic forum to allow participants to submit comments and drafting suggestions between the different sessions of the WG
ProspectsProspects
6th Session of the WG: December 3 to 7, 2012
Diplomatic Conference: within the 2014/15 biennium?
Means of ProtectionMeans of Protection
Flexibility
DefinitionsDefinitions
GI: along the lines of Article 22.1 TRIPS
Non-geographical denominations with a traditional geographical connotation
Concept of « country of origin » Intergovernmental organizations Trans-border areas
AO: along the lines of Article 2 Lisbon
Scope of ProtectionScope of Protection – the most difficult substantive issue
Criteria that recognize the existence of different national systems
Single level of protection for AOs and GIs
Prior UsePrior Use
« A clear split, even though the divide might not be so deep »
Prior trademark rights and other prior rights Generic terms
Questions on EU Participation in New Questions on EU Participation in New InstrumentInstrument
Product Coverage EU Legislation on GIs and AOs
Relationship between EU legislation and member state legislation on GIs and AOs? – What applies in respect of an agreement between one
or more EU member state(s) with non-EU countries? – Do Lisbon registrations remain effective in individual
EU member states that are party to Lisbon?
Competent Authority for communicating with WIPO under the procedures of the New Instrument?
