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. 1. With the recognition of the importance of the protection of geographical indications, each Party shall provide a system for the protection of geographical indications in accordance with Section 3, Part II of the TRIPS Agreement regarding Geographical Indications and protect the geographical indications of the other Party in accordance with its legislation.
2. The names listed in the Turkish List of Annex 2 are geographical indications which have been registered under Turkey’s relevant laws, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Korea’s laws and regulations, in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Korea.
3. The names listed in the Korean List of Annex 2 are geographical indications which have been registered under Korea’s relevant laws, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Turkey’s laws and regulations, in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Turkey.
4. The Parties shall enter into consultations to protect additional geographical indications, at the request of any Party, after the entry into force of this Framework Agreement. As a result of these consultations, the Parties shall protect, under the terms stated in the Korea-Turkey FTA, such geographical indications.
Protection of Geographical Indications. [Purpose of the Article: setting of high protection level. Treatment of GIs that lost protection in country of origin and person’s names]
1. The geographical indications listed in Annex [XX]-C 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;
(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;
(c) any other false or misleading indication as to the origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin, including when those products are used as an ingredient;
(d) any other practice liable to mislead the consumer as to the true origin of the product.
2. Geographical indications listed in Annex [XX]-C shall not become generic in the territories of the Parties.
3. Nothing in this Agreement shall oblige a Party to protect a geographical indication of the other Party which is not, or ceases to be protected in the territory of origin. Each Party shall notify the other Party if a geographical indication ceases to be protected in the territory of that Party of origin. Such notification shall take place in accordance with procedures laid down in Article X.69 (Institutional Provisions).
4. Nothing in this Agreement shall prejudice the right of any person to use, in the course of trade, that person’s name of that person’s predecessor in business, except where such name is used in such a manner to mislead the public.
Protection of Geographical Indications. 1. Each Party shall provide the legal means for interested parties to prevent:
(a) the use of a geographical indication of the other Party listed in Annex 12-A (List of Geographical Indications) for any product that falls within the product class, as defined in Annex 12-B (Product Classes) and specified in Annex 12-A (List of Geographical Indications) for that geographical indication, and that either:
(i) does not originate in the country of origin specified in Annex 12-A (List of Geographical Indications) for that geographical indication; or
(ii) originates in the country of origin specified in Annex 12-A (List of Geographical Indications) for that geographical indication but was not produced or manufactured in accordance with the laws and regulations of the other Party that would apply if the product was for consumption in the other Party;
(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 which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.
2. The protection referred to in subparagraph 1(a) shall be provided even where the true origin of the product is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like.
3. Without prejudice to Article 23 of the TRIPS Agreement, the Parties shall mutually decide the practical conditions of use under which homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. A homonymous name which misleads consumers into believing that a product comes from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the product in question is concerned.
4. When a Party, in the context of negotiations with a third country, proposes to protect a geographical indication of the third country which is homonymous with a geographical indication of the other Party protected under this Sub-Section, it shall inform the other Party thereof and give it an opportunity to comment before the third country's geographical indication becomes ...
Protection of Geographical Indications of the TRIPS Agreement provides protection for geographical indications against “consumer false confusion”. Regarding geographical indications, Article 23 of the same Agreement provides more powerful protection (additional protection) especially for wines and spirits. The FTA entered into by the EU, on the other hand, expanded this and provided additional protection to agricultural products and food products in addition to wines and spirits. Also, in the EU-Korea FTA, the protection for geographical indications covers 162 items in the EU and 64 items in Korea, and the provision also stipulates that the scope of protection can be expanded upon mutual agreement.
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.
2. Part A of Annex 12-A contains geographical indications originating and protected in Canada. The terms listed in Part A of Annex 12-A are eligible for registration as protected geographical indications in Ukraine.
3. Part B of Annex 12-A contains geographical indications originating and protected in Ukraine. The terms listed in Part B of Annex 12-A are eligible for registration as protected geographical indications in Canada.
4. In order to secure protection, the authorities responsible for particular geographical indications in each Party shall apply for registration for protection in the territory of the other Party, in accordance with the procedures and requirements prescribed by the law of the other Party. The protection by each Party of these geographical indications shall be in accordance with Articles 22 through 24 of the TRIPS Agreement and subject to the exceptions provided in Article 24 of the TRIPS Agreement.
5. Each Party may adopt or maintain procedures that provide for the cancellation of the protection afforded to a geographical indication within its territory.
6. If a geographical indication of a Party listed in Annex 12-A ceases to be protected in the territory of its place of origin or falls into disuse in that place, that Party shall notify the other Party and request cancellation of the registration.
7. In accordance with the procedure established in paragraph 9, the Joint Commission referred to under Article 27.1 (Joint Commission) may amend Annex 12-A by removing a geographical indication of a wine or spirit which has ceased to be protected, or has fallen into disuse in Canada from Part A, or a geographical indication of a wine and spirit which has ceased to be protected, or has fallen into disuse in Ukraine from Part B.
8. In accordance with the procedure established in paragraph 9, the Joint Commission may amend Annex 12-A by adding a geographical indication of a wine or spirit originating and protected in Canada to Part A, and a geographical indication of a wine or a spirit originating and protected in Ukraine to Part B.
9. The Joint Commission, when exercising its powers of paragraph 7 or 8, shall act by consensus and on a recommendation by the Committee on Intellectual Property referred to under Article 12.12.
Protection of Geographical Indications. 1. Each Party shall provide the legal means for interested parties to prevent:
a) the use of a geographical indication of the other Party listed in Annex 12-A (List of Geographical Indications) for an} geograp: y grap: y product that falls within the product class, as defined in Annex 12-B (Product Classes) and specified in Annex 12-A (List of Geographical Indications) for that geographical indication, and that either:
(i) does not originate in the country of origin specified in Annex 12-A (List of Geographical Indications) for that geographical indication; or
(ii) originates in the country of origin specified in Annex 12-A (List of Geographical Indications) for that geographical indication but was not produced or manufactured in accordance with the laws and regulations of the other Party that would apply if the product was for consumption in the other Party;
Protection of Geographical Indications defines GIs as “indications which identify a good as originating in the territory of a [WTO] 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.”42 The Article requires member countries to provide legal means to prevent the use of any means in the designation or presentation of a good that indicates or suggests a false GI that would mislead the public as to its true geographical origin.43 In addition, members must refuse or invalidate the registration of a trademark that contains or consists of a GI that would mislead the public as to the true place of origin.44
Protection of Geographical Indications. 1. The Parties, within a term of two (2) years as of the date of entering into force of this Agreement, shall initiate consultations to protect and/or recognize the geographical indications of both Parties, in the terms set out in Articles 23 and 24 of the TRIPS.
2. Each Party shall provide the measures to prevent the importation, manufacture or sale of goods which use a geographical indication protected in the territory of the other Party. To have access to protection, each Party shall notify the other Party of its protected geographical indications.
Protection of Geographical Indications. With the recognition of the importance of the protection of geographical indications, each Party shall provide a system for the protection of geographical indications in accordance with Section 3, Part II of the TRIPS Agreement regarding Geographical Indications and protect the geographical indications of the other Party in accordance with its legislation. The names listed in the Turkish List of Annex 2 are geographical indications which have been registered under Turkey’s relevant laws, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Korea’s laws and regulations, in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Korea.
