Protection of Geographical. Indications
1. Geographical indications are, for the purposes of this Agreement, indications which identify 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.
2. In respect of geographical indications, Members shall provide the legal means for interested parties to prevent:
(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;
(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).
3. A Member shall, ex officio if its legislation so permits or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin.
4. The protection under paragraphs 1, 2 and 3 shall be applicable against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.
Protection of Geographical. Indications for Agricultural and Fishery Products and Foodstuffs other Than Wine and Spirit Drinks
1. Serbia shall provide protection for the geographical indications of the Community registered in the Community under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, in accordance with the terms of this Article. Geographical indications of Serbia shall be eligible for registration in the Community under the conditions set out in that Regulation.
2. Serbia shall prohibit any use in its territory of the names protected in the Community for comparable products not complying with the geographical indication's specification. This shall apply even where the true geographical origin of the good is indicated, the geographical indication in question is used in translation, the name is accompanied by terms such as "kind", "type", "style", "imitation", "method" or other expressions of the sort.
3. Serbia shall refuse the registration of a trademark the use of which corresponds to the situations referred to in paragraph 2.
4. Trademarks the use of which corresponds to the situations referred to in paragraph 2, which have been registered in Serbia or established by use, shall no longer be used five years after the entry into force of this Agreement. However, this shall not apply to trademarks registered in Serbia and trademarks established by use which are owned by nationals of third countries, provided they are not of such a nature as to deceive in any way the public as to the quality, the specification and the geographical origin of the goods.
5. Any use of the geographical indications protected in accordance with paragraph 1 as terms customary in common language as the common name for such goods in Serbia shall cease at the latest five years after the entry into force of this Agreement.
6. Serbia shall ensure that goods exported from its territory five years after the entry into force of this Agreement do not infringe the provisions of this Article.
7. Serbia shall ensure the protection referred to in paragraph 1 to 6 on its own initiative as well as at the request of an interested party.
Protection of Geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits
1. Montenegro shall provide protection for the geographical indications of the Community registered in the Community under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs 1, in accordance with the terms of this Article. Geographical indications of Montenegro shall be eligible for registration in the Community under the conditions set out in that Regulation.
1 OJ L 93, 31.3.2006, p. 12. Regulation as amended by Commission Regulation (EC) No 952/2007 (OJ L 210, 10.8.2007, p. 26.
2. Montenegro shall prohibit any use in its territory of the names protected in the Community for comparable products not complying with the geographical indication's specification. This shall apply even where the true geographical origin of the good is indicated, the geographical indication in question is used in translation, the name is accompanied by terms such as "kind", "type", "style", "imitation", "method" or other expressions of the sort.
3. Montenegro shall refuse the registration of a trademark the use of which corresponds to the situations referred to in paragraph 2.
4. Trademarks the use of which corresponds to the situations referred to in paragraph 2, which have been registered in Montenegro or established by use, shall no longer be used after 1 January 2009. However, this shall not apply to trademarks registered in Montenegro and trademarks established by use which are owned by nationals of third countries, provided they are not of such a nature as to deceive in any way the public as to the quality, the specification and the geographical origin of the goods.
5. Any use of the geographical indications protected in accordance with paragraph 1 as terms customary in common language as the common name for such goods in Montenegro shall cease at the latest on 1 January 2009.
6. Montenegro shall ensure that goods exported from its territory after 1 January 2009 do not infringe the provisions of this Article.
7. Montenegro shall ensure the protection referred to in paragraphs 1 to 6 on its own initiative as well as at the request of an interested party.
Protection of Geographical. Indications
1. The Parties affirm that their obligations in the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) will be applicable to the geographical indications under paragraphs 2 and 3 below.
2. The geographical indications “Pisco”, “Maíz Xxxxxx Xxxxxxx Cusco” and “Chulucanas” are recognized as geographical indications for spirits and products, respectively, in Peru, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Singapore’s domestic laws2-2, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in Singapore.
3. The Parties may by mutual consent accord similar recognition and protection as under paragraph 2 above to other geographical indications of the Parties.
Protection of Geographical. Indications for Spirits
1. The Parties agree that indications for spirits listed in Annex 3 are geographical indications referred to in paragraph 1 of Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreement, as may be amended, and shall abide by the obligations under the relevant provisions of the said Agreement with respect to the protection of geographical indications, and for this purpose, they shall take appropriate measures to prohibit the use of any geographical indications listed in Annex 3 for spirits not originating in the place indicated by the respective geographical indication.
2. Modifications to Annex 3 proposed by both Parties may be adopted by the Joint Committee pursuant to subparagraph 2(e)(i) of Article 165. The adopted modifications shall be confirmed by an exchange of diplomatic notes and shall enter into force on the date specified in the said notes. The modified part of Annex 3 shall supersede the corresponding part provided for in Annex 3.
Protection of Geographical. Indications
1. The geographical indications listed in Annex 8-C, including the geographical indications added in accordance with Article 120, shall be protected against:
(a) any direct or indirect commercial use of a protected name:
(i) for comparable products not compliant with the product specification of the protected name; or
(ii) in so far as such use exploits the reputation of a geographical indication, including when that product is used as an ingredient;
(b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar, including when those products are used as an ingredient;
Protection of Geographical. Indications (GIs) “One‐Year Review” Examples of Japan’s Progress on NTMs (1)
Protection of Geographical. Indications 1. This Article concerns the protection in each of the Parties of geographical indications of wines and spirits originating in the territory of the other Party.
Protection of Geographical indications
1. Each Party shall, in respect of geographical indications of the other Party listed in Annex 18‑B (Lists of geographical indications), provide the legal means for interested parties to prevent in its territory:
(a) the commercial use of a geographical indication identifying a good for a like good0 not meeting the applicable product specifications of the geographical indication even if:
(i) the true origin of the good is indicated;
(ii) the geographical indication is used in translation0 or transliteration0; or
(iii) the geographical indication is accompanied by expressions such as "kind", "type", "style", "imitation", or the like;
(b) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin or nature of the good; and
(c) any other use of a geographical indication that constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention which may include commercial use of a geographical indication that exploits the reputation of that geographical indication, including when that good is used as an ingredient.
2. This Sub-Section does not apply in respect of a geographical indication of a Party listed in Annex 18-B (Lists of geographical indications) that is no longer protected pursuant to the laws and regulations of the other Party.
3. If a geographical indication of a Party listed in Annex 18-B (Lists of geographical indications) ceases to be protected in the territory of the Party of origin, the Party of origin shall promptly notify the other Party and request cancellation of protection for the geographical indication.
4. Nothing in this Sub-Section shall prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where the name is used in such a manner as to mislead the public.
5. Nothing in this Sub-Section shall require a Party to apply the provisions of this Sub-Section in respect of a geographical indication of the other Party with respect to a good for which the relevant indication is identical or similar to:
(a) the customary name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the good; or
(b) a term customary in common language as the common name for such a ...
Protection of Geographical indications
1. The Parties shall take all necessary steps in accordance with this Agreement to ensure mutual protection of the names referred to in Article 6 and used for describing and presenting wine that, within the meaning of Article 3, originate in the Parties. To that end, each Party shall make use of the appropriate legal means referred to in Article 23 of the WTO TRIPS Agreement to ensure an effective protection and prevent geographical indications from being used to describe wine not covered by the indications or descriptions concerned.
2. The names referred to in Article 6 shall be reserved exclusively for the products originating in the Party to which they apply and may be used only under the conditions laid down in the laws and regulations of that Party.
3. Protection as referred to in paragraphs 1 and 2 shall provide in particular for the exclusion of any use of the names referred to in Article 6 for wines that do not originate in the geographical area in question, even if:
(a) the actual origin of the product is shown;
(b) the name in question is used as a translation;
(c) the name is accompanied by terms such as ’kind’, ’type’, ’style’, ’imitation’, ’method’ or other expressions of the sort.
4. In the case of homonymous geographical indications:
(a) where two geographical indications protected under this Agreement are homonymous, protection shall be granted to both of them; the consumer shall not bet misled as to the actual origin of the wine;
(b) where a geographical indication protected under this Agreement is homonymous with the name of a geographical area outside the Parties, the latter name may be used to describe and present a wine of the geographical area to which the name refers, provided it is traditionally and consistently used, its use for that purpose is regulated by the country of origin and consumers are not misled into believing that the wine originates in the Party concerned.
5. The Parties may, where necessary, lay down the practical conditions of use to make a distinction between the homonymous geographical indications referred to in paragraph 4, bearing in mind the need to treat the producers concerned fairly and to ensure that consumers are not misled.
6. The provisions of this Article shall in no way prejudice the right of any legal or natural person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the pu...
