Common use of Protection of Geographical Indications Clause in Contracts

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. [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 XX]-C, including ones added in application of article X.33, 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 are used as an ingredient; (ba) 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; (cb) 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; (dc) any other practice liable to mislead the consumer as to the true origin of the product. 21. Geographical indications listed in Annex [XX]-C XX]-C, including ones added in application of article X.33, shall not become generic in the territories of the Parties. 32. 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 X.65 (Institutional Provisions). 43. 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.