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Perspectives for Geographical Indications

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					Perspectives for Geographical
Indications


           Teresa Mera
            June, 2009
   International negotiations
       No light for solutions in the short term


   TRIPS Agreement
       Minimum standards of protection


   GIs protection
       Part of the agenda of many countries
   Gis protection

       Trademarks

       Unfair competition

       Sui generis system
   Countries should wait for further steps
    at multilateral level to develop GIs
    protection?
   It is possible to take actions at national
    level to do so

       Domestic legislation
       Bilateral agreements
Peruvian experience

   Peru has a sui generis system for the
    protection of Gis (Decision 486, Andean
    Community Regime on IPRs -2000)

       Appellations of Origin

       Indications of source
   Why a sui generis system?

       Potentiality of Gis development
            Strong protection to ensure producers investment and
             promote its use


       Facilitate the protection of Gis
            Reduces the cost of enforcement actions for right holders
   Appellations of Origin

       Protected under IPRs provisions

       Definition: Lisbon Agreement
            Only names of geographical places


       Scope: Any kind of products. No services
          natural, agricultural, handicraft, or industrial

           products
   Level of protection: TRIPS arts. 22 and 23

   Special registry
   Complementary legislation

       Framework law for the Regulatory Council of
        Appellations of Origin

            Management of the AoO by its beneficiaries
            Mechanisms of quality supervision and control
            Promotion
            Role of the State: support to beneficiaries initiatives
   Industrial Property Law (Legislative Decree
    1075 - 2009)

       Certification marks

       Collective marks

            In both cases, no descriptive of origin
   Bilateral agreements

       On the mutual recognition of GIs/AoO
       As part of a FTA
            Third parties previous rights


       On the mutual support for the promotion and
        protection of Andean AoO
   …besides that….

       Internal work for the promotion of AoO along the
        country

       Scarce of resources
          Mixed efforts (among different public

           institutions)
          Beneficiaries

          International cooperation
   Indications of source

       Definition
            An indication of origin shall be understood to be a name,
             expression, image, or sign that indicates or evokes a
             particular country, region, locality, or place


       Unfair competition law
Thanks for your attention


        tmera@mincetur.gob.pe

				
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