WORLD TRADE
ORGANIZATIONIP/C/W/253/Rev.1
24 November 2003
(03-6290)
Council for Trade-Related Aspects
of Intellectual Property Rights
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE PROVISIONS
OF THE SECTION OF THE TRIPS AGREEMENT ON
GEOGRAPHICAL INDICATIONS
SUMMARY OF THE RESPONSES TO THE CHECKLIST OF QUESTIONS
(IP/C/13 AND ADD.1)
Note by the Secretariat
Revision
I. INTRO DUCTION ................................................................................................................. ...4
II. OVERVIEW OF MEANS OF PROTECTION AVAILABLE.............................................6
A. L AWS FOCUSING ON BUSINESS PRACTICES .............................................................................6
B. T RADEMARK LAW....................................................................................................................10
C. S PECIAL PROTECTION ..............................................................................................................10
III. DEFINITIONS AND CRITERIA  FOR RECOGN ITION..................................................12
A. L AWS FOCUSING ON BUSINESS PRACTICES ...........................................................................12
B. T RADEMARK LAW....................................................................................................................13
(a)  Protection of IGOs as collective, gu arantee or certif ication marks....................................13
(b)  Protection of IGOs as  individual tr ademarks .....................................................................14
C. S PECIAL PROTECTION ..............................................................................................................15
(a)  Need for pr ior recogn ition................................................................................................ ..15
(b)  Main definiti ons used.........................................................................................................1 6
(c)  Major criteria that determine eligibility fo r protection.......................................................18
IV. PROCEDURES FOR RECOGNIT ION ...............................................................................30
A. L AWS FOCUSING ON BUSINESS PRACTICES ............................................................................30This document has been prepared under the Secretariat's own
responsibility and without prejudice to the positions of Members
and to their rights and obligations under the WTO.IP/C/W/253/Rev.1
Page 2
B. T RADEMARK LAW....................................................................................................................30
(a)  Protection of IGOs as collective, gu arantee or certif ication marks....................................30
(b)  Protection as indivi dual trad emarks...................................................................................30
C. S PECIAL PROTECTION ..............................................................................................................30
(a)  Without procedures for the ex ante recognition of IGOs ...................................................30
(b)  With procedures for the ex ante recognition of IGOs ........................................................31
D. C OSTS ............................................................................................................................... .......43
V. ELIGIBLE/AUTHORIZED US ERS AND MONI TORING...............................................47
A. L AWS FOCUSING ON BUSINESS PRACTICES ............................................................................47
B. T RADEMARK LAW....................................................................................................................47
(a)  Collective, guarantee or certificatio n marks.......................................................................47
(b)  Individua l trademarks..................................................................................................... ....49
C. S PECIAL PROTECTION ..............................................................................................................49
(a)  IGOs protected without a recognition pr ocedure ...............................................................49
(b)  IGOs protected with a r ecognition pr ocedure ....................................................................49
VI. PROTECTION AGAINST THOSE NOT ELIGIBLE/AUTHORIZED TO USE
OR  USING IMPROPERLY..................................................................................................55
A. L AWS FOCUSING ON BUSINESS PRACTICES ............................................................................55
B. T RADEMARK LAW....................................................................................................................56
C. S PECIAL PROTECTION ..............................................................................................................56
VII. ENFO RCEME NT................................................................................................................ ...59
A. L AWS FOCUSING ON BUSINESS PRACTICES ...........................................................................59
(a)  Persons entitled to initiate  enforcement procedures...........................................................59
(b)  Authorities responsible for enforcement pr oceedings........................................................61
(c)  Remedies ....................................................................................................................... .....61
B. T RADEMARK LAW....................................................................................................................63
(a)  Protection of IGOs as collective, gu arantee or certif ication marks....................................63
(b)  Protection of IGOs as individual tr ademarks .....................................................................64
C. S PECIAL PROTECTION ..............................................................................................................64
(a)  Persons entitled to initiate  enforcement procedures...........................................................64
(b)  Authorities responsible for enforcement pr oceedings........................................................65
(c)  Remedies ....................................................................................................................... .....66
D. F OREIGN IGO S.........................................................................................................................66
E. C OSTS ............................................................................................................................... .......67
VIII. RELATIONSHIP TO TRADEM ARKS ...............................................................................68
A. P ROTECTION AGAINST REGISTRATION OF IGOs  AS TRADEMARKS ....................................68IP/C/W/253/Rev.1
Page 3
B. P OSSIBLE CONFLICTS ...............................................................................................................71
(a)  Simultaneous a pplications..................................................................................................71
(b)  Prior trademar k righ ts ........................................................................................................7 1
ANNEX A EXAMPLES OF IGOS PROVIDED BY MEMBERS IN RESPONSE TO
QUESTION 6 OF DO CUMENT IP/C/13 ................................................................74
ANNEX B SPECIAL DEFINI TIONS OF IGOS........................................................................83
TABLES
TABLE I: PROTECTION OF IGOs:  INFORMATION PROVIDED
BY MEMBERS ON THE MEANS OF PROTECTION
AVAILABLE...................................................................................................8
TABLE II: INFORMATION PROVIDED BY MEMBERS ON THE
COVERAGE OF SPECIAL PROTECTION AVAILABLE
WITH PRIOR RECOGNITION OF THE IGO (X) OR
WITHOUT (Y)..............................................................................................11
TABLE III: MEMBERSHIP IN INTERNATIONAL AGREEMENTS:
INFORMATION PROVIDED BY MEMBERS........................................28
TABLE IV(A):  RECOGNITION OF IGOs:  INFORMATION PROVIDED
BY MEMBERS ON COSTS........................................................................44
TABLE IV(B): REGISTRATION UNDER TRADEMARK LAW:
INFORMATION PROVIDED BY MEMBERS ON COSTS...................46IP/C/W/253/Rev.1
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I. INTRODUCTION
1. The original version of this note was prepar ed in response to the request of the TRIPS
Council, at its meeting of 7-8 July 1999, to the Secretariat to prepare a paper summarizing the
responses to the Checklist of Questions (IP/C/ 13 and IP/C/13/Add.1) on the basis of an outline
contained in informal document No. 2104 of 13 April 1999, on the understanding that it would bemade explicit that the paper would be without prejudice to the rights and obligations of Members and
that its purpose was merely to facilitate an understanding of the more detailed information that had
been provided in national responses to the Checklist.  At its meeting of 4-5 June 2003 the Council
requested the Secretariat to update this summary not e to take into account the information received
from Members in response to the Checklist of Questions since the circulation of this note.
1
2. The following are the Members which have responded to the Checklist and the documents in
which their responses can be found:
Australia IP/C/W/117/Add.19
Bulgaria IP/C/W/117/Add.2
Canada IP/C/W/117/Add.5
Cuba IP/C/W/117/Add.26
Czech Republic IP/C/W/117Ecuador IP/C/W/117/Add.9
Estonia IP/C/W/117/Add.22
European Communities IP/C/W/117/Add.10
Austria IP/C/W/117/Add.10
Belgium IP/C/W/117/Add.10Denmark IP/C/W/117/Add.10
Finland IP/C/W/117/Add.10
France IP/C/W/117/Add.10
Germany IP/C/W/117/Add.10
Greece IP/C/W/117/Add.10/Supp.2Ireland IP/C/W/117/Add.10/Suppl.2
Italy IP/C/W/117/Add.10
Luxembourg IP/C/W/117/Add.10/Suppl.2
Netherlands IP/C/W/117/Add.10
Portugal IP/C/W/117/Add.10/Suppl.1
Spain IP/C/W/117/Add.10
Sweden IP/C/W/117/Add.10United Kingdom IP/C/W/117/Add.10
Hong Kong, China IP/C/W/117/Add.21
Hungary IP/C/W/117/Add.8
Iceland IP/C/W/117/Add.15 and Suppl.1
Japan IP/C/W/117/Add.1Korea IP/C/W/117/Add.20
Liechtenstein IP/C/W/117/Add.11/Rev.1
Lithuania IP/C/W/117/Add.24
Mexico IP/C/W/117/Add.14
Morocco IP/C/W/117/Add.25New Zealand I P/C/W/117/Add.12
Norway IP/C/W/117/Add.7
Peru IP/C/W/117/Add.16/Rev.1
Poland IP/C/W/117/Add.23
                                                     
1 The following additional Members have submitted responses: Cuba, Estonia, Lithuania, Morocco,
Poland, Slovenia and Uruguay.IP/C/W/253/Rev.1
Page 5
Romania IP/C/W/117/Add.17
Slovak Republic IP/C/W/117/Add.6
Slovenia IP/C/W/117/Add.27
Switzerland IP/C/W/117/Add.13
Turkey IP/C/W/117/Add.4United States IP/C/W/117/Add.3
Uruguay IP/C/W/117/Add.28
Venezuela IP/C/W/117/Add.18
3. The paper is based on the information contained in the responses to the Checklist that were
received from some Members and circulated in documents IP/C/W/117 and addenda.  The footnotes
in this paper which refer to these documents simply provide the name of the Member concerned andthe question number under which the relevant information has been provided, without reproducing in
each case the full document symbol.  Thus, "Australia (Q1)" should be taken as a reference to the
response to question 1 in document IP/C/W/ 117/Add.19, the responses to the main Checklist
(IP/C/13) received from Australia, and "Australia  (Add.Q1)" should be taken as a reference to the
response in the same document to question 1 of the questions contained in the addendum to theChecklist (IP/C/13/Add.1).  Since Mexico did not foll ow the order of the questions in the Checklist
when responding, references to Mexico's replies correspond to the numbering of the replies used by
Mexico in its response to the Checklist (for example, "(Reply 1)" should be taken to refer to the
response to question 1 as contained in document IP/C/W/117/Add.14).
4. Not all Members have provided responses to the Checklist (only those Members which were
already under an obligation to apply the provisions of the Section of the TRIPS Agreement on
Geographical Indications were invited by the Council, at its meeting of 12 May 1998, to respond to
the Checklist, it being understood that other Members could also furnish replies on a voluntary basis).
The data provided by Members is of varying degrees of comprehensiveness and detail.  Some have
focused mainly on legislation specifically dedicated to the protection of geographical indications,while others have also covered, in differing levels of detail, more general laws which may also be
relevant.  Moreover, not all Members have understood certain questions in the same way.  In addition,
in order to avoid overburdening the paper, not all the footnotes necessarily provide references to all
Members whose practices would correspond to the point being made.  For these reasons, this paper
should not be regarded as providing a fully comprehensive picture of the situation worldwide
regarding the protection of geographical indications.  This also means that the fact that a Member is
not referred to in a table or in a footnote should not be taken as necessarily meaning that thatMember's legislation does not contain the provision in question.
5. However, it should also be noted that the summary paper was circulated in a preliminary form
(document JOB(00)/5619 of 19 September 2000) to Members for their comments.  Eight Members
submitted comments and new responses were received from three Members.  These have been taken
into account.
6. In regard to terminology, the paper, when re ferring to the various terms used and defined by
Members to indicate the geographical origin of goods and services, uses the expression "IGOs"
(indications of geographical origin) as a common denominator.  Given that "geographical indication"
has a specific legal meaning under Article 22.1 of the TRIPS Agreement, it has not been used in order
to avoid any appearance of prejudicing the rights and obligations of Members.  This has been donesolely for the purposes of this summary paper and should not be given any other significance.
Another point in connection with terminology is that Members use a large variety of expressions to
describe their national laws, the forms of protection granted and the procedures involved.  For
example, a range of terms are used and defined to describe IGOs which can benefit from special
protection, including geographical indications, appellatio ns of origin, designations of origin, etc.  This
paper does not seek to reflect this full range of expressions in the body of the paper (some of thisIP/C/W/253/Rev.1
Page 6
additional detail can be found in the footnotes), but rather to focus on the substance of the protection
available.
7. The paper does not attempt to enable a reader to obtain a full understanding of the system for
the protection of IGOs in individua l Members;  for this, readers should consult the responses to the
Checklist provided by the Member concerned.  Rather, the paper seeks to provide a horizontalsummary of the types of protection provided and their features.
II. OVERVIEW OF MEANS OF PROTECTION AVAILABLE
8. This paper treats the differing means of protection available for IGOs in three broad
categories:  laws focusing on business practices;  trademark law;  and special means of protection.
This section of the paper provides a brief overview of the content of each of these categories and their
main features.  A summary presentation of which Members have indicated that they provide which
forms of protection, as the Secretariat understands it on the basis of the information provided, can befound in Table I.
9. These categories are used to present more detailed information in sections III-VII of this
paper, which concern, respectively, definitions and criteria for the recognition of IGOs;  procedures
for the recognition of IGOs;  eligible/authorized users and monitoring;  protection against those not
eligible/authorized to use or using improperly;  and enforcement.  Section VIII concerns therelationship between IGOs and trademarks, both in respect of the protection accorded against
registration of IGOs as trademarks and the way in which conflicts between pre-existing trademarks
and IGOs are handled.
10. Examples of domestic IGOs protected in accordance with these means of protection, as
provided by Members in response to question 6 of document IP/C/13, can be found in Annex A to thisnote.
A. L
AWS FOCUSING ON BUSINESS PRACTICES
11. This category of means of protection for IGOs covers laws which, while not specifically
providing for the protection of IGOs, prohibit business practices which can involve the misuse of
IGOs.  A broad range of laws of this nature have been referred to, many relating to the repression ofunfair competition or the protection of consumers either in general terms or more specifically in
regard to such matters as the labelling of products, health protection and food safety.
2  Some Members
                                                     
2 Australia, trade practices legislation (Trade Practices Act), truth in labelling legislation (e.g.
Commerce Trade Descriptions Act, the common law tort of passing off, state and territory Food Acts, Australia
New Zealand Food Authority (ANZFA) Labelling and Advertising Standard, Fair Trading Acts of the
Australian states and territories (Q1,47);  Bulgaria, Law on the Protection of Competition (Q1,47);  Canada,common law of passing off, Article 1457 of the Civil Code of Quebec (Q1);  the Czech Republic, rules on unfaircompetition and passing off (chapter V on economic co mpetition of the Commercial Code) (Q1);  Estonia,
relevant provisions of the Competition Act on unfair competition (Chapter 8, Sections 28 and 29), theCommercial Code (Section 63) and the Consumer Protection Act (Q1,47);  Hong Kong China, common law
action of passing off, Trade Descriptions Ordinance (Q1,4,7,47);  Hungary, Act on the Prohibition of Unfair and
Restrictive Market Activity, (Q1,47);  Iceland, Competition Act and Icelandic Food Act (Q2,3,4);  Japan, UnfairCompetition Prevention Law (Q1,47);  Korea, Unfair Competition Prevention and Trade Secret Protection Act,Fair Labelling and Advertising Act (Q1);  Liechtenstein, Unfair Competition Act (Q47); Lithuania (Q1,47);Mexico, Industrial Property Act (which also provides for a special protection of appellations of origin) (Replies1,2,3,51);  Morocco, Article 4 of Law 13-83 (concerning the repression of merchandise fraud) in respect of food
and agricultural products (Q1,2,47);  New Zealand, Fair Trading Act, common law of passing off (Q1/2/3,4,47);
Norway, Marketing Act (Q1,47-51);  Peru, Unfair Competition Act (Q4,47);  Poland, Act of 1993 onCombating Unfair Competition (Q1,47); Romania, Law on combating unfair competition (Q47);   SlovakRepublic, provisions on unfair competition and passing off are contained in the Commercial Code (Q1,3,47);IP/C/W/253/Rev.1
Page 7
have also referred to provisions of common law, in particular in relation to passing off (see
footnote 2).  These laws generally cover all goods and services, but some, especially those relating to
agricultural products, may have a narrower focus.  They do not call for any prior recognition of an
IGO as protected or contain procedures in this connection.  The issue at stake in legal proceedings
regarding use of an IGO under these laws is not whether the IGO as such is eligible for protection butwhether a specific act involving the use of an I GO has contravened the general standards contained in
the law relating to unfair competition, consumer protection, trade descriptions, food standards, etc.  It
would appear that laws of this nature apply in respect of foreign IGOs in the same way as they apply
to national IGOs.
                                                                                                                                                                    
Slovenia, Protection of Competition Act (Q1,4);  Turkey, Turkish Competition Code, Consumer Protection Act
(Q1,47);  United States, Federal Unfair Competition Law, State Unfair Competition Law, common law rights
(Q1,47).
European Communities, Regulation concerning mislead ing description, presentation and advertising of
wines and grape must, Directive relating to the labelling, presentation and advertising of foodstuffs for sale tothe ultimate consumer, Directive concerning misleading advertisement (Q1);  Austria, Unfair Competition Law(Q1,2,47);  Belgium, Law on trade practices and consumer information and protection (Q1,34);  Denmark,Danish Marketing Practices Act, Danish Food, etc. Act (Q1,47);  Finland, Consumer Protection Act, Unfair
Business Practices Act (Q1,47-49);  France, Consumer C ode (Q1);  Germany, Act Against Unfair Competition,
Act on Foodstuffs and Commodities (Q1,47);  Luxemburg, Law concerning the standardization of agricultural
and horticultural products and the creation of a nationa l trademark, Law regulating certain commercial practices
and penalizing unfair competition, Law concerning the inspection of common foodstuffs, drinks and products,Grand-Ducal Regulation concerning the labelling and presentation of foodstuffs and their advertising(Q1,34,47);  Netherlands, Civil Code, Commodities Act, Decree on the labelling of foodstuffs, "Dutch
Advertising Code" (private code by the advertising branch), other regulations concerning the Holland Kwaliteit
label (Q1,47);  Portugal, unfair competition law (Q1,47);  Sweden, Marketing Act for the general protection ofIGOs (Q1,47,Annex);  the United Kingdom, Trade Descriptions Act, common law tort of passing off(Q1,4,5,47).IP/C/W/253/Rev.1
Page 8
TABLE I: PROTECTION OF IGOs:  INFORMATION PROVIDED BY MEMBERS
ON THE MEANS OF PROTECTION AVAILABLE
Laws Focusing on Business
Practices PTrademark
LawSpecial
Protection
Protection against
Registration
TrademarksPrior Recognition
Requirement ZMember Focus on
Unfairness
vis-à-vis
CompetitorsFocus on
Misleading
of
ConsumersProtection
against
Passing Off
Any
IGOCertain
IGOs QCollective,
Certification,
Guarantee
Marks No Yes
Australia X X X X X X X
Bulgaria X X X X
Canada X X X X X
Cuba X X X
Czech Rep. X X X X XIX
Ecuador X X X
Estonia X X X X X
EC/MS aXX X X X
Austria X X XIX
Belgium X X X X X
Denmark X X X X X
Finland X X X X
France X X X X X
Germany X X X X X X
Greece X X
Ireland X X
Italy X X
Luxembourg X X X X
Netherlands X X XIX?
Portugal X X X
Spain X X X X
Sweden X X X X
UK X X X X X X
Hong Kong, Ch. X X X X
Hungary X X X X
Iceland X? X X X
Japan X X X X
Korea X X X X X X
Liechtenstein X X X X X X X
Lithuania X X X
Mexico X X X X
Morocco X XX
New Zealand X X X Xi
Norway X X X X X
Peru X X X Y X
Poland X X? X X X X
                                                     
P The first column is meant to reflect information relating to provisions addressing acts which concern rather the
establishment, the goods, or the industrial or commercial activities of a competitor  and the second column provisions
addressing acts rather relating to misleading allegations concerning the goods of the person who makes the allegations .  In
respect of this distinction, see also the guide to the application of the Paris Convention by Prof. G.H.C. Bodenhausen, in
particular pages 145 and 146.
Z Some of these means provide sui generis  protection for IGOs that relate to products with specifically defined
characteristics or methods of production (see further Table II be low);  other means apply without such specific definitions.
Q Certain IGOs only or IGOs in respect of specific categories of products only.
a Information concerning EC instruments is reflected on the line of the EC and their member States and
information concerning other instruments on the line of the member State in question.IP/C/W/253/Rev.1
Page 9
Laws Focusing on Business
Practices PTrademark
LawSpecial
Protection
Protection against
Registration
TrademarksPrior Recognition
Requirement ZMember Focus on
Unfairness
vis-à-vis
CompetitorsFocus on
Misleading
of
ConsumersProtection
against
Passing Off
Any
IGOCertain
IGOs QCollective,
Certification,
Guarantee
Marks No Yes
Romania X X X X
Slovak Rep. X X X X X X
Slovenia X X X X
Switzerland X X X X X X X
Turkey X X X X
USA X X X? X X X X
Uruguay X X X X
Venezuela X X X
__________________________
P The first column is meant to reflect information relating to provisions addressing acts which concern rather the
establishment, the goods, or the industrial or commercial activities of a competitor  and the second column provisions
addressing acts rather relating to misleading allegations concerning the goods of the person who makes the allegations .  In
respect of this distinction, see also the guide to the application of the Paris Convention by Prof. G.H.C. Bodenhausen, inparticular pages 145 and 146.
Z Some of these means provide sui generis  protection for IGOs that relate to products with specifically defined
characteristics or methods of production (see further Table II be low);  other means apply without such specific definitions.
Q Certain IGOs only or IGOs in respect of specific categories of products only.
a Information concerning EC instruments is reflected on the line of the EC and their member States and
information concerning other instruments on the line of the member State in question.IP/C/W/253/Rev.1
Page 10
B. TRADEMARK LAW
12. Trademark law may provide two types of protection for IGOs:  on the one hand, protection
against the registration and use of IGOs as trademarks;  and, on the other, the protection of IGOs
against unauthorized use by third parties.  As Table I shows, most Members have indicated that their
law provides protection in regard to the former aspect.  This generally involves two levels ofprotection:  that available for any IGO against registration of trademarks containing or comprising
IGOs which may confuse or mislead the public as to the geographical origin or the identity of the
goods or services in question;  and that availabl e for specific IGOs, for example those for specific
categories of products or those that have been prev iously recognized as protected IGOs, for which a
higher level of protection may be available, not involving, for example, tests of confusion or
misleading the public.  Further details can be found in section VIII of this paper, which also
summarizes information provided on how conflicts between IGOs and pre-existing trademarks are
handled.
13. As shown in Table I, some Members have indicated that IGOs may be protected as collective,
certification or guarantee marks against unauthorized use by third parties.  Although the information
provided is not very detailed, it would appear that the normal trademark procedures and rights apply
in general, but with some special requirements to  ensure that rules are established and respected in
each case regarding the use of the collective, certification or guarantee mark in question and that all
persons capable of meeting the requirements for the use of such marks are fairly treated.  It would also
appear that in certain situations an "individual trademark" can also serve as a vehicle for the
protection of an IGO, notably where there can only be one enterprise producing the product in
question in the geographical area concerned, for example an enterprise controlling a natural source formineral water.  These forms of trademark protection do not appear to discriminate as between
different products or services.  Protection of this sort would appear to be available equally to foreign
and national IGOs.
C. S
PECIAL PROTECTION
14. The forms of protection that have been put in this category cover those under laws
specifically dedicated to the protection of IGOs or those under provisions providing for special
protection of IGOs contained in ot her laws, for example on trademarks3, marketing4, labelling5 or
taxation.6  Some of these means provide sui generis  protection for IGOs that  relate to products with
specifically defined characteristics or methods of production (see further Table II below);  other
means apply without such specific definitions. Gene rally speaking, the protection provided is stronger
than that available under the other two categories of  means of protection.  As shown in Table I, there
is usually, but not in all cases, a requirement for prior recognition of an IGO as a condition of
protection.  Procedures in this connection vary considerably, from essentially informal and political
procedures to a registration type system with procedural steps and criteria clearly defined in advance.
Recognition of foreign IGOs is obtained either as a consequence of the conclusion of a bilateral,
regional or multilateral agreement listing the name and/or by virtue of the use of the normal
application procedure.  In most cases, it would seem that protection in the country of origin is aprecondition.  Table II sets out the information that has been provided on the coverage of products
and services of these special means of protection. In some countries, several systems co-exist with
different although sometimes overlapping coverage, with  tests for eligibility of differing severity, and
rights of differing scope.
                                                     
3 Canada (Q1);  Germany (Q1);  Switzerland (Q1,2,4); Uruguay (Q1).
4 Norway, Marketing Act (Q1).
5 Sweden, Act Containing Certain Provisions concerning the Marketing of Alcoholic Beverages (Q2);
United States, Bureau of Alcohol, Tobacco and Firearms (BATF) regulations (Q1).
6 Japan, Liquor Business Association and Measures for Securing Revenue from Liquor Tax (Q1).IP/C/W/253/Rev.1
Page 11
TABLE II:  INFORMATION PROVIDED BY MEMBERS ON THE COVERAGE OF SPECIAL
PROTECTION AVAILABLE WITH PRIOR RECOGNITION
OF THE IGO (X) OR WITHOUT (Y)
Member Wines Spirits Other Agricultural or Food
ProductsProducts in
GeneralServices
Australia XAYA
Bulgaria X B
Canada X X
Cuba              X
Czech Rep. X BC
Ecuador              XB
Estonia              X X
EC/MSaXBXBXB
Austria         X
Belgium              X
Denmark
Finland
France X BX BX BX B
Germany X BX BYD
Greece XB
Ireland
Italy XB
Luxembourg
Netherlands ?
Portugal XB
Spain         X BX BX B
Sweden Y Y
UK X X
Hong Kong, Ch.
Hungary XB
Iceland
Japan X X
Korea Y Y XB
Liechtenstein XBXBX BYY
Lithuania
Mexico XB
Morocco X Y? Y?
New Zealand  E
Norway Y Y
Peru XB and Y Y
Poland X
Romania XB
Slovak Rep.               XBC
Slovenia XAXB              X
Switzerland XBXBXBYDYD
Turkey XB
USA X X
Uruguay X X X and YEX and YE
Venezuela XB
                                                     
A "Wines" covers "wine or grape products";  "spirits" covers "spirits which are not wine or grape products".
B Sui generis  protection is available, in respect of one or more categorie s of products and on the basis of one or more definitions
specifying characteristics of the product or methods of production.  Information on these and other definitions, as well as the  criteria for the
recognition of IGOs under them, can be found in sub-section III.C(b) below, including its footnotes, and Annex B to the present  document.
C  Agricultural and natural products and products of handicraft or industry.
a See footnote a to Table I above.
D Under the special means available without prior recognition of the IGO, specific product/production criteria may be laid down
in special ordinances.
E Appellations of Origin must be registered to enjoy protection while Indications of Source enjoy protection without the need fo r
registration.IP/C/W/253/Rev.1
Page 12
III. DEFINITIONS AND CRITERIA FOR RECOGNITION
15. This section summarizes the information provided on the definitions of protectable
subject-matter used under the various means of protection for IGOs and any other substantive criteria
that may need to be complied with for an IGO to be eligible for protection.
A. LAWS FOCUSING ON BUSINESS PRACTICES
16. Laws of this nature generally do not include any specific definition of subject-matter eligible
to be protectable as an IGO or other criteria relevant to such a determination.7  In legal proceedings
under such laws, the question at stake will normally be that of whether the practices proscribed by the
law have occurred, not whether a particular term should be determined to have the status of a
protected IGO.8
17. However, some Members have provided some information on the types of considerations that
would be important in determining the extent to which an IGO might be protectable under general
laws of this nature.  For example, it has been pointed out that under unfair competition and consumer
protection law an important factor is the extent to which the geographical term in question is known
as an indicator of geographical origin to the public.   If it is not so known or it has become a generic
term, protection is not granted.9  It has also been pointed out that, in determining whether advertising
is misleading as to the origin of products, an important criterion is what impression the consumer
normally gets from indications used about the origin of the products.10  One Member has stated that,
under its law on the repression of merchandise fraud, a contractor is protected against any deception
or attempted deception as to the origin of foodstuffs and agricultural produce when, by agreement or
custom, the designation of the species or kind or of the origin falsely attributed to goods must beconsidered as the main reason for the contractor's commitment.
11
18. One Member has indicated that protection of this sort against unfair or misleading use can
apply not only to IGOs which directly mention a place of origin but also where the origin is indirectly
referred to, for example by reference to a flag, a symbol or a picture which suggests a geographical
origin.12  Furthermore, the information provided indica tes that, in those countries where "passing off"
relief is available, an important consideration is that the plaintiff demonstrates that it has established a
sufficient degree of "goodwill" in the relevant sect or of the public so that an act of the defendant to
misappropriate some parts of this goodwill is likely to mislead members of the public as to the origin
of goods or services.13
                                                     
7 In Lithuania, however, Article 16.3 of the Law on Competition seems to have such definition:
"information specified in subparagraph (2) of paragraph 1 hereof on the designation of origin of a good impliesgeographical indications provided in any suitable way characterizing the good as produced in the territory of acertain state or in a certain region or area of the territory  which is associated with quality, reputation or other
properties of the good" (Q4,8,47).
8 Australia has pointed out, for example, that under the Australian Trade Practices Act the party would
obtain protection for a particular geographical term by demonstrating that use of that term by another party is
misleading or deceptive, in that it suggests that the pr oduct originates from the place or region while it does not.
Australia points out further that there would not nece ssarily be a decision to recognize that term as a
geographical indication per se  (Q10).
9 Denmark (Q10).
10 Denmark (Q6).
11 Morocco (Q2).
12 Germany (Q4/5/6,9).
13 Canada (Q5):  "In a common law action for passing off, the plaintiff must prove that his or her goods
or services have acquired a reputation or goodwill, that the defendant is trading on that reputation or goodwill,and that damages are being or will be suffered as a result.  […]  In an action based on Article 1457 of the CivilIP/C/W/253/Rev.1
Page 13
19. As regards the eligibility of foreign IGOs to be protected under laws focusing on general
business practices, those Members who have provided information on this have indicated that their
laws would apply to such foreign indications in the same way as they apply to national IGOs.14  I t
would also appear that under such general means of protection the extent to which the IGO is
protected as such in its country of origin is not a relevant factor, although not all Members have madethis clear, apparently focusing in their replies on this point on special means of protection.
15
B. TRADEMARK LAW
(a) Protection of IGOs as collective, guarantee or certification marks
20. In some Members, IGOs can be protected as collective, guarantee or certification marks.16
While these terms are used somewhat differently in different countries, generally speaking, a
collective mark protects a specific sign which belongs to a group of enterprises and is used or
intended to be used by its members for goods or services, and a certification or guarantee markprotects a specific sign which belongs to a legal entity supervising or laying down standards for goods
or services and is used or intended to be used for the goods or services which are the object of
supervision or for which standards are laid down.  Several Members have indicated that specific rules
governing the use of such marks must be established.
17  It has been pointed out that these rules must
not be contrary to public order, morality or the law in force.18  One Member has indicated that the
standards need not be original to the applicant and that they may be established by another party, such
as specifications promulgated by a government agency or standards developed through the research of
a private research organization.19
                                                                                                                                                                    
Code of Quebec, a plaintiff must prove the basic conditions of civil liability, i.e., fault, damage and causal
connection.  In this case, fault would consist of non-authorized use of reputation or goodwill and/or the use ofreputation or goodwill to mislead the public on the origin of the product or service."  The UK has referred (Q5)to its responses to the Checklist of Issues of Enforcement as contained in document IP/N/6/GBR/1 where it hasstated, in response to question 2 of that checklist unde r (1), second paragraph:  "Unregistered trademarks are
enforced by 'passing off' action in which the plaintiff must show that the defendant has misappropriated some
part of the plaintiff's 'goodwill', that is that, as a result of a reputation gained from past activities, members of the
public are likely to be misled by the acts of the defendant as to the origin of goods or services for which thepublic has an expectation that such are associated wi th the plaintiff".  In Hong Kong, China, "any trader
misrepresenting his goods as those of another trader who has acquired a reputation, causing loss to the othertrader, faces an action for passing off.  The distinctiveness of a plaintiff's goodwill in his business can derive
from his name, his mark, a description or the get-up of his goods."  […]  "The action for passing off is also
available for anyone who wishes to stop the use of a geographical indication where the true origin of the goodshas been stated or is used with words like "kind", "type", "style", "imitation"" (Q4).   Other Members that havereferred in their responses to passing off (see Table I) have not provided details as to application of the law.
14 Austria (Q15);  Australia (Q15); Denmark (Q15);  France (Q15,27);  Germany (Q15); Iceland (Q15);
Liechtenstein (Q15);  Lithuania (Q15);  Netherlands (Q15);  Portugal (Q15);  Sweden (Q15);  United Kingdom
(Q15).
15 European Communities, in respect of Directives on labelling and advertising (Q16);  Denmark
(Q16);  Finland (Q16);  Germany (Q16);  Ireland (Q16);  Netherlands (Q16);  Sweden (Q16);  United Kingdom(Q16);  United States (Q16).
16 See Table I.  Austria has stated that it is in th e process of amending its trademark law to enable the
registration of IGOs as collective marks (Q1).
17 Germany (Q17-27);  Hong Kong, China (Q8,36);  Switzerland (Q17);  United Kingdom (Q10);
United States (Q11,17).
18 Switzerland (Q17).
19 United States (Q11).IP/C/W/253/Rev.1
Page 14
21. One Member has indicated that, if a geographical term is being used as a certification mark to
indicate the regional origin of goods, registration should be refused if the term in question has
acquired a principal significance as a description of the goods rather than as an IGO.20
22. Some Members have indicated that an important consideration for the trademark office when
a collective, guarantee or certification mark consists solely, or essentially, of a geographic term is tosatisfy itself of the authority of the applicant to control the use of the term.  One Member has
indicated that, to meet this requirement, normally the authority which exercises control over the use of
the term is a government body or a body operating with governmental authorization.
21  Some other
Members have stated that, to avoid any conflict of interest, a guarantee mark must not be used by the
holder of the mark or by a company with which the holder has close economic ties.22
23. Another important consideration mentioned by some responding Members is to ensure that
persons in the geographical area referred to by the mark are not prevented from making use of thegeographical term contained in the mark.  In the Members who have supplied information on this
matter, this goal is met in two ways:
- ensuring that all persons in the area concerned are eligible to be admitted to use the
mark on the same terms
23;
- limiting the rights conferred by such a mark so that they do not prevent a third party
from using in the course of trade the geographical signs or indications in question in
accordance with honest practices in industrial or commercial matters 24;
24. It has been stated that the criteria for eligibility for protection of an IGO as a certification
mark could include human factors as well as natural factors.25
25. In regard to the eligibility of foreign IGOs to be protected as collective, guarantee or
certification marks, Members who have provided information on this question have said that their law
applies equally to national and foreign signs.26
(b) Protection of IGOs as individual trademarks
26. There are situations where, notwithstanding the protection usually available against
registration of an IGO as a trademark, such registration can be effected27, notably when a sign
incorporating or consisting of an IGO has acquire d, through use, the function of distinguishing the
goods or services of a particular enterprise.  Such trademark will normally indicate the enterprise
source of the goods or services rather than their geographical origin and thus cannot generally be
regarded as a form of protection for IGOs.  However, a Member has pointed out that where these two
sources coincide such an individual mark can constitute a means of protecting an IGO.  An example
                                                     
20 United States (Q10).
21 United States (Q17).
22 Liechtenstein (Q12 );  Switzerland (Q17).
23 Germany (Q17-27,36);  United States (Q 17).
24 Denmark (Section 3 of the Collective Marks Act referred to in Q2);  Germany:  adding "and in
accordance with the accepted principles of morality" (Q36) ;  Netherlands:  the protection in respect of a
collective mark under the Benelux Trademark Law doe s not extend to use of the IGO "in accordance with
normal trade practice and in everyday language" (Q1).
25  United States (Q11).
26 Germany (Q15);  United Kingdom (Q27);  United States (Q27).
27 Uruguay: "[d]omestic legislation does not allow the registration of appellations of origin as
trademarks.  However, indications of source may be register ed as trademarks provided that their use is not liable
to create confusion regarding the origin, source, qualities or characteristics of the goods or services for whichthe trademark is used" (Q44).IP/C/W/253/Rev.1
Page 15
of a trademark for mineral water coming from a particular geographical source has been given.28
Another Member has mentioned that under its law ri ghts to an individual trademark can be acquired
through actual use, without applying for registration.29
27. With regard to the applicability of such protection to foreign IGOs, no indication has been
given that such protection is not equally available.  A Member has said that, if such a mark hasestablished itself or has been registered in the country to which an IGO relates, the mark can be
registered in its territory, provided it does not mislead the public as to the source of the goods or
services.
30
C. SPECIAL PROTECTION
28. This sub-section first discusses the extent to which special systems require prior recognition
of IGOs.  It then discusses the main definitions used by Members under such legislation.  It then
examines in turn each of the major criteria that determine eligibility for protection that have beenreferred to in the responses by Members, namely:
- criteria to demarcate the area covered by an IGO;
- rules ensuring that products eligible to use the IGO come from that area;
- rules regarding the characteristics that such a product must have:
- quality, including production and product specifications;
- reputation;
- other characteristics;
- rules regarding the link that must exist between these characteristics and their
geographical origin;
- rules regarding the extent to which there must be public knowledge of that link;- generic terms;- foreign IGOs;
- homonymous IGOs.
(a) Need for prior recognition
29. As mentioned in Section II, special protection is  given to IGOs in a variety of ways.  Most
involve some form of system by which ex ante recognition is given to an IGO as a protected IGO.This can be a formal system which provides for applications for registration to be made or a more
informal system by which an administrative entity or other public institution has the authority to take
decisions as to the recognition of IGOs but usua lly in response to some informal application or
expression of interest by interested parties.  In some cases, the establishment of an IGO results from a
specifically dedicated legislative instrument.  Further details are provided in Section IV below.
                                                     
28 Switzerland (Q17,44).  A similar type of situation may be envisaged in the laws of Mexico (Replies 6
and 49).
29 United States (Q1).
30 Switzerland (Q44).IP/C/W/253/Rev.1
Page 16
30. However, in a few countries there are also legal provisions which provide for special
protection for IGOs without any prior recognition procedure.31  While laws which provide for any
specific recognition procedure for IGOs provide an  opportunity for relatively detailed criteria for
protection to be laid down in advance, the question of whether an IGO should be protected under a
law which does not provide for a prior recognition procedure will depend on a specific court decisionon the basis of the general definition contained in the relevant law.
(b) Main definitions used
31. With regard to the main definitions used for determining what IGOs are protectable under
special forms of protection, the information prov ided indicates the following main categories of
situation:
(i) definitions following closely the language of Article 22.1 of the TRIPS Agreement,
which defines geographical indications as indications which identify a good asoriginating 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
32;
                                                     
31 Australia, in respect of spirits (other than  spirits  which are wine or grape products) (Q1,2);  Cuba, in
respect of "indications of source" (Q1);  Germany, in respect of products in general under Section 127 of itsTrademark Law (Q1);  Korea, in respect of wines an d spirits (Q1);  Liechtenstein, Trademark Act (Q1);
Morocco, in respect of goods and services under Law 17/97 on the Protection of Industrial Property (Q2);
Norway, for wines and spirits, under its Marketing Act (Q1);  Peru, in respect of "indications of source" (Q2,8);
Sweden, in respect of alcoholic beverages under its Act Containing Certain Provisions Concerning theMarketing of Alcoholic Beverages (Q2 and Annex);  Switzerland, in respect of products and services under itsLaw on Trademarks and the Protection of Indications of Source (Q1); Uruguay, in respect of "indications ofsource" (Q1).
32 The definition applies as such in Canada (Q8); in the European Communities and their member
States, under Regulations 3290/94 and 3378/94 in respect of the protection pursuant to Articles 23 and 24 of the
TRIPS Agreement of geographical indications for wines or spirits originating in third countries that are
Members of the WTO – United Kingdom (Q8);  in Romania (Q8); and in Slovenia, in respect of handicrafts andother goods (Q8).
The definition applies in Australia, under the Trade Marks Act, the Australian Wine and Brandy
Corporation Act as well as the Australian Food Standards Code Spirit Standard (P3), with slightly different
wording in each case (Q8); Cuba (Q8);  it applies in Ecuador, with the additional phrase "including natural and
human factors" (Q8); Estonia (Q8); in Japan, "geographical indication" is defined as "the indication specifyingthat a [wine's or] liquor's place of origin is the territory of  area/district of the territory of a Member State of the
WTO in the case that the established quality, general reputation, and other characteristics of the liquor aremainly attributable to its geographical origin" (Q8);  in Korea, under the Agro-Fisheries Product Quality
Management Act, "geographical indication" is defined as meaning "the geographical name of a specified region,
which serves to designate a product or a processed product originating therein, the reputation, quality andcharacteristics of which are essentially attributable to the geographical origin" (Q8 and Add.Q2); Peru hasindicated that, under Decision 486 of the Commission of the Andean Community, the definition applies withslightly different wording, in particular specifying that not only geographical names but also non-geographicalnames can be protected as appellations of origin, if they relate to specific geographical areas (Q8); Poland
(Q8,9).
In the European Communities and their member St ates, in respect of agricultural products and
foodstuffs other than wines and spirits, the definition applies with the addition that the production and/orprocessing and/or preparation take place in the defined ge ographical area – EC (Q8);   in Switzerland (Q8) and
Liechtenstein (Q2), the definition applies in respect of agricultural products and processed agricultural products,except wines, under the Swiss Ordinance concerning the Protection of Appellations of Origin and Geographical
Indications with respect to Agricultural Products and Processed Agricultural Products, with the addition that that
the production, processing or preparation takes place in  the defined geographical area;  and in Turkey the
definition applies, in respect of any kind of product, with the addition that the production, processing orpreparation takes place in the defined geographical area (Q8).IP/C/W/253/Rev.1
Page 17
(ii) definitions modelled on that used in the Lisbon Agreement for the Protection of
Appellations of Origin and their International Registration.  Article 2 of the
Agreement defines an appellation of origin as meaning the geographical name of a
country, region, or locality, which serves to designate a product originating therein,
the quality and characteristics of which are due exclusively or essentially to thegeographical environment, including natural and human factors
33;
(iii) more specific national definitions.  A number of those on which information has been
provided can be found in Annex B to this document.  It will be noted that many of
them include the essential elements of the definition contained in the TRIPS
Agreement and Lisbon Agreements, namely that the product has distinctive
characteristics which are due to its geographical origin.  Some of the definitions focus
more on ensuring that the product comes from the designated area.34  T h e s e
                                                                                                                                                                    
In Hungary, the definition applies in respect of any kind of product other than agricultural products and
foodstuffs, provided that the production, processing an d preparation of the product take place in the defined
area.  In respect of agricultural products and foodstuffs, it applies as well on that basis, but only if the products
bearing the geographical indication also comply with the conditions specified in the product specificationprovided for by special legislation (Q8).
33 The definition applies as such in Belgium (Q8);  in Bulgaria (Q8); in Italy (Q8,Add.Q1);  in Mexico
(Replies 9,10);  in Portugal (Q8).
In France, the definition of Article 2 of the Lisbon Agreement applies as such in respect of any kind of
product other than agricultural products and foodstuffs.  In respect of any agricultural products and foodstuffs,
the definition applies with the addition that the products concerned must have a " notoriété dûment établie " and
"font l'objet de procédures d'agrément ", in which case the appellations of origin are protectable as " appellations
d'origine contrôlées "  (see Annex B to this document).
In the Czech Republic, the definition applies with the words "serves to designate" reading "has come to
be generally known to designate" (Q8);  in the Slovak Republic, the geographical name must be a name which
has come to be generally known, i.e., according to the nature of the product, either among experts or common
consumers, as information about a product's origin (Introduction,Q10).
In Peru, under the Industrial Property Act, a similar definition applies, but which is limited to
appellations of origin "using the name of a geographical region or place" and on the basis of "the place's naturaland human factors" (Q2,8).
In Uruguay, Article 75 of Law No. 17.011 has a similar definition, but which also includes the
geographical name of a "city" and services (Q8).
In  the European Communities and their member States, the definition applies in respect of agricultural
products and foodstuffs other than wines and spirits, wi th the addition that the production, processing and
preparation take place in the defined geographical area (Q8); in Switzerland (Q8) and Liechtenstein (Q2), it
applies in respect of agricultural products and processe d agricultural products, except wines, under the Swiss
Ordinance concerning the Protection of Appellations of Origin and Geographical Indications with respect to
Agricultural Products and Processed Agricultural Products, with the addition that the production, processing andpreparation take place in the defined geographical area;  in Turkey the definition applies, in respect of any kindof product, with the addition that the production, processing and preparation take place in the definedgeographical area (Q8).
In Hungary, the definition applies in respect of any kind of product other than agricultural products and
foodstuffs, provided that the production, processing an d preparation of the product take place in the defined
area.  In respect of agricultural products and foodstuffs, it applies as well on that basis, but only if the productsbearing the geographical indication also comply with the conditions specified in the product specificationprovided for by special legislation (Q8).
34 For example, in Australia one of the two definitions  for "geographical indications" in respect of wine
or grape products under the Australian Wine and Brandy Corporation Act (Q8 under (a));  New Zealand (Q8 );
in Estonia, one of the two definitions for "geographical indication" defines it as "other word, phrase or symbol
that, resulting from long-term and consistent use, has become essentially attributable to the geographical area
where the good is produced, processed or prepared or where the service is rendered" (Q8);  Slovenia, in respectof agricultural products and foodstuffs (Q8);  Morocco, in respect of "guaranteed appellations of origin" forwines under Order No. 869-75 of 15 August 1977 of the Ministry of Agriculture and Agrarian Reform (Q8).IP/C/W/253/Rev.1
Page 18
definitions, like those of other categories above, are sometimes combined with
particular product/production requirements;
(iv) the information provided does not include general legislative definitions established
at the level of the Member in question or only includes partially such definitions.35
This is sometimes combined with a situation where the detailed definitional criteria
are established and/or applied at a lower level of government.36
(c) Major criteria that determine eligibility for protection
(i) Criteria employed to demarcate the area covered by an IGO
32. Some of the information provided focuses more on the types of terms for geographical units
that may constitute an IGO, while other information provided focuses on criteria of a more qualitative
nature relevant to demarcating areas to be covered by an IGO.
33. On the first of these points, a wide range of terms for geographical units that may be eligible
for constituting an IGO has been referred to.  These include:
- political boundaries/administrative territorial classification37, including:
- political sub-divisions38 on maps39;
- continents40, country or territory of a WTO Member 41, region within that territory42,
countries43, state44, group of countries45, county46, département47, canton48, district49,
commune50, city51, village52, local administrative area or part thereof 53;
                                                     
35 For example, the EC has indicated that IGOs for spirits are determined on a case-by-case basis (Q8);
in Germany, while a summary of the generally accepted view on the composition and labelling of individualcategories of spirit drinks for which national IGOs exist has been elaborated in agreement with business circlesand consumers, such definitions are not binding but used by courts as an aid in interpretation in the event ofdisputes (Q4/5/6);  the United Kingdom has indicated that  no specific criteria are used for recognized IGOs for
wines and spirits in the United Kingdom and that most are long-standing and included in EC legislation (Q10).
36 For example, Germany, in respect of wines (Q1,2,4/5/6,13);  Spain, in respect of wines and spirits
(13,17,18,23);  Switzerland, in respect of wines (Q8);  United States, in respect of wines (Q13).
37 Estonia (Q13): "The geographical area does not have to coincide with the administrative unit or
settlement unit bearing the same name.  The name of the geographical area serving as a geographical indication
does not have to coincide with the current official name of that geographical area.";  Japan (Q8): includinggeographical names used in foreign countries;  Slovak Republic (Q13);  Slovenia, for agricultural products andfoodstuffs in respect of the "name of a geographical region, in exceptional cases, a country" (Q8).
38 United States, in respect of wines and spirits (Q10).
39 Australia has referred to "local government boundary maps in relation to the area" as possible
evidence in connection with the criteria for determin ing a "geographical indication" for wine under the
Australian Wine and Brandy Corporation Regulations (Q10) ;  see also "indications on maps" under the third
sub-indent below.
40 Switzerland (Q8).
41 Generally, in those countries that employ definitions based on the TRIPS or Lisbon Agreements. In
the European Communities and some other Members only in exceptional circumstances.  See responses to Q8.
42 Generally, in those countries that employ definitions based on the TRIPS or the Lisbon Agreements.
See responses to Q8.
43 Japan (Q8):  including former names of countrie s;  United States, in respect of wines and spirits
(Q10).
44 Germany, in respect of spirits (Q8);  United States, in respect of wines and spirits (Q1,10,Add.Q1),
including foreign equivalents.
45 Morocco, in respect of "indications of source" (Q8).
46 United States, in respect of wines (Q1,Add.Q1), including foreign equivalents.
47 France (Q8 - through the reference to Article 5 of Decree No. 68-807).IP/C/W/253/Rev.1
Page 19
- locality54, small locality or group of such localities55, area56, place or specific place57,
linear feature58, zone59, street names 60, indications on maps61;
- sui generis  geographical areas such as:
- specified region62, defined area larger than the production or processing area63,  wine-
growing area64, combination of wine-growing areas65, small locality or group of such
localities66, restricted vinicultural zone67, single viticulture district or particular
viticulture region68,  vine-growing district69, wine  growing sub-region or part thereof
70, region other than a specified region which is reserved for table wines meeting
certain production requirements71,  vine-growing regions and villages72, vineyard site
or unit comprising several vineyard sites (collective site or area)73, vineyard site or
area registered in the vineyard register74, wine grape vineyard75, community or part
                                                                                                                                                                    
48 France (Q8 - through the reference to Decree No. 68-807);  Switzerland (Q8).
49 Slovak Republic (Q13).
50 France (Q8 - through the reference to Decree No. 68-807);  Switzerland, in respect of appellations of
origin for wines (Q8).
51 Germany, in respect of spirits (Q8); Uruguay (Q8).
52 Slovak Republic (Q13).
53 European Communities, in respect of table wines (Q8);  Japan (Q8);  Spain, in respect of table wines
(Q8).
54 Generally, in those countries that employ definitions based on the TRIPS or Lisbon Agreements.
See responses to Q8.
55 European Communities, in respect of table wines (Q8).
56 Germany, in respect of wines (Q8).
57 Canada (Q10);  European Communities (Q8);  Germany (Q8);  Greece; (Q8);  Ireland (Q8);
Morocco, in respect of "appellations of origin" under Law 17/97 on the Protection of Industrial Property (Q8);
Netherlands (Q9,10);  Peru (Q8);  Spain (Q8);  Switzerland (Q8) and Liechtenstein (Q2), in respect ofagricultural products and processed ag ricultural products, except wines, under the Swiss Ordinance concerning
the Protection of Appellations of Origin and Geographical Indications with respect to Agricultural Products andProcessed Agricultural Products.
58 New Zealand (Q8).
59 Australia (Q10).
60 Japan (Q8):  including famous streets in foreign countries.
61 Japan (Q8).
62 Austria (Q4);  European Communities (Q1,8,13);  France (Q14);  Germany (Q4/5/6,8,11,14,17-
27,36,Add.Q2,3);  Greece (Q2);  Korea (Q8,Add.Q2);  Luxembourg (Q21);  Spain (Q2,6,7,8,10,14,32,36,50).
63 Poland, in respect to "products produced of raw ma terials or intermediate products" coming from that
specified area (Q8).
64 European Communities, in respect of quality wines produced in a specified region (Q8);  Germany
(Q8,16, Add.Q2).
65 European Communities, in respect of quality wines produced in a specified region (Q8).
66 European Communities, in respect of table wines (Q8);  Spain, in respect of table wines (Q8).
67 Greece (Q8).
68 Slovenia (Q8).
69 Slovak Republic (Q13).
70 European Communities, in respect of  table wines (Q8);  Germany (Q4/5/6,8,Add.Q2);  Spain, in
respect of table wines (Q8).
71 European Communities (Q8);  Spain (Q8) .
72 Slovak Republic (Q13).
73 Germany (Q8,Add.Q2)
74 Germany (Q8).
75 Australia (Q10).IP/C/W/253/Rev.1
Page 20
thereof (place)76, area cultivating Landwein77, château78, domaine79, viticultural
area80;  "geographical indications recognized in the specific regulations"81.
34. On the question of the extent to which terms which are suggestive of a geographical origin
but are not in themselves place names ("indirect" geographical indications) may be eligible forprotection, not all responding Members have supplied information.  Indeed, it seems that Members
understood the question on this matter in different ways.  However, some have indicated that such
terms may be protected in their territory as IGOs by special forms of protection.
82  In some cases, this
is because the general definition does not exclude this possibility and in others because it is
specifically included.83  One Member has stated that in its territory only direct indications, that is the
names of the specific regions, places or countries are covered.84
35. Some Members have provided information on criteria of a more qualitative nature employed
to de-limit the area from which products will benefit from an IGO.  This information has mainly been
supplied in respect of wine.  Many of these criteria appear to be aimed at establishing the
homogeneity of the cultivation conditions within the area85 and the distinctiveness of those conditions
vis-à-vis  other areas86.  The specific criteria that have been referred to include:  natural features87
including rivers, contour lines and other physical88 or topographical features;  geographical
characteristics89 or agronomic characteristics90 such as the geographical formation of the area91, soil92,
                                                     
76 Germany (Q4/5/6,8,Add.Q2).
77 Germany (Q4/5/6,8,Add.Q2).  See also Annex B to this document.
78 Switzerland (Q8).
79 Switzerland (Q8).
80 United States (Q10,Add.Q2).  The United States ha s also indicated that the name of a vineyard,
orchard, farm or ranch as part of a wine label is prohibited, unless 95 per cent of the wine in the container wasproduced from primary winemaking material grown on the named vineyard, orchard, farm or ranch.
81 United States, in respect of spirits, referring to "Bourbon" as an example (Q10).
82 Australia has stated that the Australian Food Standards Code Spirit Standard (P3) includes any
indication, either express or implied, and therefore would probably include geographical indications indirectly
linked to a specific region, while adding that this has never been tested (Q9);  European Communities (Q8,9);
Germany under its Trademark Law and for spirits (Q8,9);  Liechtenstein (Q8,9);  Switzerland under each of its
systems (Q8,9).
83 For example, the EC system for the protection of IGOs for agricultural products and foodstuffs
provides that certain traditional non-geographical name s designating an agricultural product or a foodstuff
originating in a region or a specific place can also be considered as designations of origin (European
Communities (Q8);  France (Add.Q2);  Greece (Q8);  Spai n (Q8)). Switzerland has, in connection with the
protection for indications of source under the Law on the Protection of Trademarks and Indications of Sourcegiven the example of a graphical representation of the Matterhorn  (Q8).  The common Andean regimecontained in Decision 344 includes within its definition of "appellation of origin" names which, without beingthat of a specific country, region or place, relates to a specific geographical area (Peru Q8).  In Poland, Article
174 of the Industrial Property Law of 2000 states that "geographical indications are word indications which in
an explicit or implicit  manner designate the name of a place, locality, region or country (territory) (...)" (Q9).
84 Netherlands (Q9).
85 Australia (Q10);  Spain (Q21).  Germany has, in this  regard, specified as factors to be looked at "the
equivalence and similarity of yields of a site";  "the similarity of yields of an area, the traditional use of site andarea names";  and "an economically sound demarcation of sites and areas maintaining the site-related character"
(Q13).
86 Australia (Q10);  Spain (Q10 - the reference to the "originality" of the product);  United States
(Q10).  In respect of agricultural products and foodstuffs, the United Kingdom has stated that it looks to theextent to which the geographical area has characteristics different from those of neighbouring areas or theproducts in question coming from the area have characteristics different from similar products (Q17).
87 Australia (Q10).
88 United States (Q10), referring also to "features which can be found on the United States Geological
Survey (USGS) maps".
89 Mexico (Reply 14).
90 Spain (Q21).IP/C/W/253/Rev.1
Page 21
climate93, drainage94,  irrigation95, elevation of the area96, or whether the date on which harvesting a
particular variety is expected to begin in the area is the same as the date on which harvesting is
expected to begin in neighbouring areas97;  and human features including the choice of varieties or
breeds employed98, the technical skill of the makers or processors99, methods of production,
preparation and processing developed by the enterprises located in the area100 and constructed
features.101  H i s t o r i c a l102 and traditional103 factors may also be taken into consideration, as well as
plans for the development of the area.104  The need for an economically sound demarcation of an area,
including equivalence of yield, has been mentioned.105
36. Some Members have indicated that the responsibility for demarcating geographical units to
which IGOs apply is or can be that of another level of government.106
(ii) Origin requirements
37. Many Members have provided information on requirements to ensure that the products to
which an IGO is attached actually come from the area designated.  Some have done this in general
terms by saying that the product must be made in the area in question or that the producer must be
located in that area.  Some have provided more precise information, from which the following
categories of situation emerge:
- requirements that all stages of production (raw material, processing and preparation)
must be in the designated area107;
- requirements that the raw material (e.g. gr apes) must have originated in the area in
question.108  In some cases, there is tolerance of a small proportion coming from
outside the area109;
                                                                                                                                                                    
91 Australia (Q10).
92 Greece (Q8);  Spain (Q13);  United States (Q10).
93 Australia (Q10);  Spain (Q21);  United States (Q10).
94 Australia (Q10).
95 Australia (Q10);  Mexico (Q10);  Spain (Q13,21);  United States (Q10).
96 Australia (Q10);  United States (Q10).
97 Australia (Q10).
98 EC (Q10);  Greece (Q8);  Spain (Q13,21).
99 Spain (Q21).
100 Spain (Q13).  Such cultivation, production pr actices  and/or wine-making methods have been
referred to by the European Communities (Q10), Germany (Q11), Greece (Q8), Morocco (Q8), Spain (Q10,11).In respect of agricultural products and foodstuffs, the United Kingdom has indicated that, under EC Regulation2081/92, the methods used to produce the product must be unique in the area.
101 Australia (Q10).
102 Australia (Q10,23);  United States (Q10).
103 Australia (Q10,23);  Bulgaria (Q8,10,22);  European Communities (Q10);  Germany (Q8,9,13);
Greece (Q8);  Slovenia (Q10);  Spain (Q21).
104  Australia (Q10).
105 Germany (Q13 ).
106 Cuba (Q13);  Germany, in respect of wines (Q4/5/6,13);  Switzerland, in respect of wines (Q13);
United States, in respect of wines (Q13).  It might also be noted that in the EC the authority for demarcating theareas to which IGOs relate for quality wine is in the competence of the EC member States (EuropeanCommunities (Q13)).
107 The European Communities, for "protected designations of origin" (PDOs) in respect of agricultural
products and foodstuffs (Q8).  Slovenia, for "designation of origin" in respect of agricultural products and
foodstuffs (Q8);  However, certain IGOs can be treated as PDOs even where the raw materials of the products
concerned come from a geographical area larger than or  different from the processing area, provided that the
production area of the raw materials is limited, specific conditions for the production of the raw materials existand there are inspection arrangements to ensure that  these conditions are adhered to (Belgium - Q9).IP/C/W/253/Rev.1
Page 22
- a particular stage of production must have occurred in the area, for example for
spirits, the decisive stage or stage that gives the product its distinctive character must
have occurred in the area110;
- at least one of the stages of production must have occurred in the area.111
38. As regards IGOs for services, some Members which provide special protection for such IGOs
have said that the source of a service is determined by one of the following criteria:  the registered
office of the service provider, the nationality of the persons who effectively control the commercial
policy and management, or the domicile of such pe rsons.  Further conditions may be imposed, such as
observance of customary or prescribed principles for the provision of the services in question or afactual link between the service provider and the source country.
112
(iii) Characteristics of the product
39. In many countries, it is necessary that the product has specific characteristics linked to its
origin for it to benefit from the special protection for IGOs.  As indicated by the definitions listed
above, a special quality is the most common requirement.  In some cases, this requirement is onlytaken into consideration at the time of taking the decision on the protection of an IGO, with
subsequent quality and consumer expectations about it being left to the market-driven behaviour of
those entitled to use the IGO.
113  In many cases, however, ongoing requirements regarding production
methods and product specifications are specified as a condition of use of the protected IGO, with
systems for monitoring respect for these requiremen ts (elaborated further in section V below).  In
some cases, the special protection for IGOs may be available without the quality (or reputation) of the
products being an issue, but rather with a focus on whether the IGO identifies products coming from a
particular place.114
Quality
40. The reference to quality in the definitions of  IGOs employed varies somewhat, for example
"established quality"115, "particular quality"116, "given quality"117, "specific quality"118, "special quality
                                                                                                                                                                    
108 Australia, in respect of grapes (Q8);  Canada, in respect of wines (Q10);  European Communities, in
respect of  table wines (Q8);  Slovenia, for "designation of origin" in respect of agricultural products and
foodstuffs (Q8);  Switzerland for appellations d'origine contrôlées for wines (Q8).  See also Annex B to this
document.
109 In the United States, in order to qualify for an "appellation of origin", at least 75% of wine must be
derived from fruit grown in the appellation area.  For a "viticultural area", the proportion is 85%.  However,some States in the United States have higher requirements (100% in Oregon) (Add.Q2 ).
110 Canada (Q10).
111 In Ecuador, extraction, production or preparation (Q21,23);  in the European Communities, in
respect of  "protected geographical indications" (PGIs) under EC regulation 2081/92:  production and/orprocessing and/or preparation (Q8);  in Germany, in resp ect of spirits, a special quality must be given either by
virtue of the geographical origin of the raw material s or because of a characteristic manufacturing process
prevailing in the region of origin (Q10); in Korea, under the Enforcement Decree of the Agro-Fisheries Product
Quality Management Act, produced or processed within the defined area (Q10);  in Switzerland (Q8,10) and
Liechtenstein (Q2), in respect of  "protected geogra phical indications" (PGIs) under the Swiss Ordinance
concerning the Protection of Appellations of Origin and Geographical Indications with respect to AgriculturalProducts and Processed Agricultural Products, production, processing or preparation;  Slovenia, for"geographical indications" in respect of agricultural products and foodstuffs, production, processing orpreparation (Q8);  in Turkey, in respect of "geographi cal indications", production, processing or preparation.
112 Liechtenstein (Q10);  Switzerland (Q10).
113 Australia (Q9).
114 Australia, in respect of wines (Q8,9);  New Zealand (Q8).
115 Japan (Q8).IP/C/W/253/Rev.1
Page 23
characteristics"119, "special outstanding quality distinguishing the product from generic products"120,
superior quality/quality of the highest grade as determined in accordance with standards specified in
the law for the product concerned or, in the absence of such specification, as determined through
customary use in the respective industry121. It is not clear what significance should be attached to
these different formulations.
41. In some countries, compliance with particular requirements regarding production methods
and product specification is a requirement for eligibility to use an IGO under at least some special
regimes for their protection.  Examples are requirements relating to the use of particular varieties,
minimum alcohol strength, volatile acidity, sulphur dioxide, organoleptic characteristics, natural sugar
content, authorized assemblages, cultivation methods, wine-making methods, yield.122
Reputation
42. As indicated earlier, many but not all of the definitions include reputation as a specific
characteristic related to the geographical origin of a product that might justify protection of the IGO
designating that product.  This is the case for those Members who base their definitions on the
language used in Article 22.1 of the TRIPS Agreement and certain others.  Those who base their
definitions on that in the Lisbon Agreement generally do not make specific reference to reputation as
a characteristic of the product.123  Once again a variety of qualifiers are used ("general", "given",
"specific", etc.).
Other characteristics
43. Most of the definitions refer to "other characteristics" of the product that are attributable to its
geographical origin, but little additional information has been provided in this regard.
Role of human creativity and human factors
44. Most Members have indicated that human factors can play a role in regard to the
characteristics of products that are linked to their origin and that may justify protection.  Some have
indicated that human factors are specifically mentioned in their definitions of protectable geographical
indications, especially those which base such definitions on that in the Lisbon Agreement.  Some
others have highlighted the relevance of human factors to matters such as quality, traditional methodsof production, vinicultural practices and met hods of production, preparation and cultivation.
124  Some,
however, have also indicated that no specific level of human creativity is called for and the
contribution of human factors is not essential.125
(iv)  Link between characteristics and geographical origin
45. Those definitions that call for the product to have certain characteristics require that those
characteristics be related to the geographical origin of the good.  In addition to the terms used in the
                                                                                                                                                                    
116 Australia, in respect of wines (Q8).
117 Australia, in respect of spirits (Q8).
118 European Communities, in respect of "protected geographical indications" for agricultural products
and foodstuffs other than wines and spirits (Q8).
119 European Communities, in respect of quality wine produced in a specified region (Q8).
120 Germany, in respect of spirits (Q10).
121 Korea, in respect of agricultural and fish eries products and their processed products (Q10).
122 For source references, see Annex B to the present document.
123 However, the notion of "reputation" is contained in the definition of "country of origin" stipulated in
Article 2(2) of the Lisbon Agreement.
124 Czech Republic (Q11);  Germany (Q10);  Slovenia (Q11);  Spain (Q8).
125 Ecuador (Q11);  Canada (Q11);  Portugal, in respect of "geographical indications" (Q11).IP/C/W/253/Rev.1
Page 24
Article 22.1 of the TRIPS Agreement ("essentially attributable") and in the Lisbon Agreement ("due
exclusively or essentially"), a number of other terms have been employed including "mainly
attributable"126 and "attributable".127  Some of the national definitions do not explicitly call for a
causal link between the geographical origin of the product and its characteristics.128
(v) Public knowledge
46. Some Members have indicated that, for an IGO to be eligible for protection as identifying or
designating a product as having certain characteristics because of its geographical origin, some public
knowledge that the IGO serves this role is necessary.129  This consideration is, of course, closely
related to the "reputation" characteristic that ma y give rise to protectability in some Members
mentioned above.  However, whereas that is an optional characteristic that may, among others, lead to
protection and is linked to the product rather than  the IGO, it s eems that for some Members the
required public notoriety of the IGO itself is a necessary or important condition of protection – at leastunder some of the forms of protection they provide.
130
47. In regard to some of those systems of special protection that do not provide for ex ante
recognition, it has been emphasized that the extent to which an IGO is known as identifying the
geographical origin is a key consideration in determining its eligibility for protection.131
(vi) Generic terms and other factors justifying non-protection
48. A number of Members have indicated that terms that have become generic are not protectable
as geographical indications.132  One Member has made the point that, whereas protection provided
                                                     
126 Japan (Q8).
127 Australia, in respect of wines (Q8);  Belgium (Q8), European Communities (Q8) and Spain (Q8), in
respect of "protected geographical indications" (PGIs) of agricultural products and foodstuffs other than winesand spirits under EC Council Regulation 2081/92 (Q8);  Slovenia, for "geographical indications" in respect ofagricultural products and foodstuffs (Q8).
128 In Australia, under one of the two definitions for "geographical indications" in respect of wines
under the Australian Wine and Brandy Corporation Act (Q8 under (a));  New Zealand (Q8).  In the EuropeanCommunities, protection is available for quality wines from a "specified region" which produces winepossessing special quality characteristics, and for table wines from areas reserved for table wines and meetingcertain production requirements (Q8).
129 Australia (Q10).
130 Australia has indicated that the extent to which an expression is known to wine retailers beyond the
boundaries of the area is an important consideration (Q10) ;  in France, the criteria expressing the link with the
place of origin taken into consideration include reputa tion and renown (Q10,23);  in the Czech Republic (Q8)
and the Slovak Republic (Q10), an IGO must have beco me generally known – according to the nature of the
product, either among experts or among ordinary consumers – as information about a product's origin for it to be
eligible for protection as an appellation of origin;  in Korea, the "superior quality" of the product concerned
must be widely recognized both within Korea or abroad (Q10);  in Slovenia, one of the bases of protection of"geographical indications" is "good reputation" (Q10);  in  Spain, a condition of protection of IGOs for wines,
spirits and other agricultural products or foodstuffs as denominación de origen  is that the IGO must be
permanently in wide circulation and well-known on the domestic market or has at least achieved a considerablereputation on a regional scale or a developed market  abroad (Q8);  in the United States, the BATF, in
considering the establishment of American viticultural areas, calls for evidence that the name of the viticultural
area is locally and/or nationally known as referring to th e area specified (Q10).  See also Annex B to the present
document.
131 In Germany, for the protection of IGOs under Section 127 of its Trade Mark Law, it is necessary
that the product stands in the public view, i.e. in the relevant circles, not only for the origin of the product butalso for a certain quality (Q1,4/5/6,10);  in Switzerland's provisions on indications of source, geographical
names or signs which are not considered by the circles co ncerned to be a reference to the source of the products
or services are not eligible for such protection (Q8).
132 In Cuba, there can be no registration of "geogr aphical appellations" which are generic of a product,
or which have become common name or designation of a product instead of associating it or identifying it withIP/C/W/253/Rev.1
Page 25
through systems that do not provide for ex ante recognition depends on the link between the product
and the place designated by the IGO being recognized by the circles concerned, IGOs recognized ex
ante cannot become generic.133
49. Some Members have indicated that IGOs contrary  to morality or public order or such as to
mislead the public as to the source, nature, method of manufacture or characteristics or qualities of theproducts concerned are not protectable.
134
(vii) Foreign IGOs
50. Where special protection is provided without the use of a specific prior recognition procedure,
it would appear that such protection is available to foreign IGOs on the same basis as national ones.135
It has been made clear that, at least under one of these systems, protection does not depend onrecognition and protection in the country of origin of the IGO.
136
51. With regard to other special systems for the protection of  IGOs, some Members have drawn a
distinction between "recognition" of a foreign IGO in the sense of "participation in existing domestic
regimes providing for positive recognition (positive lists)", on the one hand, and "protection within
the meaning of the TRIPS Agreement", on the other.137
52. The following modalities for fo reign IGOs to obtain recognition under special systems which
require prior recognition as a condition of protection have been referred to in the informationprovided:
By an international agreement .  Many Members have indicated that the inclusion of
foreign IGOs on lists of IGOs that are recognized and protected in their territory can
result from international agreements, whether multilateral, regional or bilateral.
138  A
number of Members have referred in particular to their participation in the LisbonAgreement.  A listing of the international ag reements that have been referred to by
                                                                                                                                                                    
its geographical origin (Q10);  Ecuador has stated that common or generic indications used to distinguish the
particular product, when considered as such by persons with knowledge of the subject or by the general public,are not protectable as geographical indications (Q10).  In  Germany, indications of a generic nature are not
eligible for protection as IGOs under the Trade Mark Law (Q8) or for spirits (Q17-27). In Poland, a givenindication may not be registered, if in consequence of its use it has become a generic name (Q10); In
Switzerland, a name that has become generic in the sense that it has become a common name for the product is
not protectable as protected appellation of origin or protected geographical indication for agricultural productsother than wine;  to  establish whether a name has become generic, account is taken of the views of the
producers and consumers, especially in its region of origin, and of cantonal provisions (Q10).  In the UnitedStates, an exception applies to the rule that geographical names for distinctive types of distilled spirits may not
apply to any distilled spirits produced in any other place th an the particular region indicated by the name, if the
Director of the BATF specifically finds that such a geographical name has, by usage and common knowledge,
lost its geographical significance to such a extent that it has become generic.
133 Switzerland, in respect of registered IGOs for agricultural products and foodstuffs other than wines
(Q7).
134 Cuba: "there can be no registration of geographical indications that contravene public morals or
public order" (Q10);  Ecuador (Q10).
135 Australia, in respect of spirits (Q8,15);  Germany (Q15);  Sweden (Q15,16); Uruguay (Q15,27).
136 Germany (Q16).
137 European Communities, for example where non-WTO Members are concerned (Q27 and EC
comments on JOB(00)/5619), the preliminary version of the present summary paper);  Japan (Q27);  Spain(Q27).
138 Australia (Q15);  Czech Republic (Q52);  Eur opean Communities (Q27);  France (Q27);  Germany
(Q52);  Greece (Q27);  Hungary (Q15);  Italy (Q15);  Mexi co (Reply 18);  New Zealand (Q15,16);  Peru (Q15);
Romania (Q27);  Slovak Republic (Q15);  Slovenia (Q15, 27);  Spain (Q15);  Switzerland (Q15);  Venezuela(Q15).IP/C/W/253/Rev.1
Page 26
Members can be found in Table III139.  Reference has also been made to special
provisions for IGOs originating in part ner countries in regional arrangements.140  In at
least one case, the legislation lays down criteria to be taken into account in
concluding international agreements.141  While some countries have indicated that
protection and recognition of the IGO in its country of origin is not a preconditionbuilt into their legislation, the point has also been made that it would be difficult to
envisage a foreign IGO being protected unde r an international agreement without this
condition being met
142 and that, in at least some international agreements, protection
in the country of origin is a precondition written into the agreement itself.143  In some
countries, a special part of the register is  reserved for IGOs pr otected as a result of
international agreements.144
By use of the normal procedure .  A number of Members have indicated that
recognition of foreign IGOs can result from  use of the normal application procedure
provided in their laws.145  In some cases, this is in addition to the possibility for
recognition to result from the conclusion of  an international agreement, while in other
cases it would appear to be the only avenue available.  In most cases, it would seemthat protection (or protection and recognition), in the country of origin is a
precondition.
146  Under some systems, such recognition is conditional on the
existence of equivalent recognition and inspection requirements in the country of
origin.147  Some Members have indicated that reciprocity on the part of the country of
origin of the IGO is a condition of recognition of the IGO in question.148  O n e
Member has indicated that the requirement of reciprocity only applies in respect of
applicants who are not domiciled or do not have an industrial or commercial
establishment in a WTO Member or a member of the Paris or Berne Conventions.149
                                                     
139 Not all of these agreements necessarily provide for the recognition of specific IGOs.
140 For example, Peru (Q15) and Venezuela (Q15,27) in  regard to Andean Pact countries;  and member
States of the European Communities .
141 Under the European Communities' arrangements for geographical indications for wines, foreign
IGOs whose country of origin is a Member of the Wo rld Trade Organization are recognized after the country of
origin has submitted its legal provisions on the application of the TRIPS Agreement to the Commission of theEuropean Communities.  In the case of third countries not applying Section 3 of Part II of the TRIPSAgreement, such recognition is only granted where (a ) the IGO in question designates a clearly demarcated
wine-growing area, which is smaller than the entire wi ne-growing area of the country concerned, (b) the grapes
from which the product was made come from this geographical unit, (c) the grapes from which the wine with
characteristic properties was made are harvested in this  geographical unit, and (d) the IGO is used on the
domestic market of the country of origin to designate the wines and is intended for this purpose under theprovisions of this country (Germany Q16).
142 New Zealand (Q15,16).
143 Spain (Q16).
144 Australia (Q8,15,27);  Peru (Q15).
145 Australia (no formal legislative procedure laid out as yet) (Q27);  Bulgaria (Q27);  Canada (Q27);
the Czech Republic (Q27);  Ecuador (Q15);  European Communities, in respect of agricultural products andfoodstuffs (Q27 );  Romania (Q27);  Slovak Republic (Q27).
146 Australia (Q27);  Bulgaria (Q16);  Canada (Q8, 16);  Cuba (Q16,22,23,27);  Czech Republic (Q27);
Ecuador (Q16); Estonia (Q16); European Communities (Q16);  Poland (Q15,16);  Romania (Q16);  Slovak
Republic (Q15).
147 European Communities (Q27 - through the reference to Article 12 of Regulation 2081/92 on the
Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs);Turkey (Q27).
148 Czech Republic (Q15);  European Communities, in respect of agricultural products and foodstuffs
other than wines and spirits (Q27 and EC comments on JOB(00)/5619, the preliminary version of the present
summary paper);  Morocco (Q15);  Hungary (Q15);  Peru (Q15);  Venezuela (except for other countries of thesubregion - Q15,27).
149 Turkey (Q15 ).IP/C/W/253/Rev.1
Page 27
Another has indicated that the reciprocity requirement is "without prejudice to
international agreements".150  In some countries, additional procedural requirements
may have to be met, notably in regard to providing evidence of protection and
recognition in the country of origin and in regard to local representation.
These are discussed in more detail in the next section of this note.
(viii) Homonymous IGOs
53. With regard to the question of how conflicting demands for the recognition of  IGOs of two or
more countries that are spelt or sound the same are handled, those Members who have supplied
information on this point have referred to consultations and/or negotiations between the countries
concerned, including the use of opposition procedures, and possible recognition of both names with
due regard for local and traditional usage and the practical risks of confusion.151  In some cases, a
"second" homonymous indication is not recognized as such, but its use may be tolerated subject to
certain conditions (see paragraph 111 below).  Some Members have indicated that their legislation
includes no criteria to deal with homonymous indications152 or have referred to general principles of
unfair competition and trademark law.153
                                                     
150 European Communities (Q27 - through the reference to Article 12 of Regulation 2081/92 on the
Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs).
151 In the EC, with respect to products other than wines and spirits, IGOs indicating areas in two EC
member States require consultations before registration and are a ground for opposition.  Those indicating areasin the EC and a third country may be registered with due regard for local and traditional usage and the practicalrisks of confusion.  Use of such names shall be authorized only if the country of origin of the product is clearlyand visibly indicated on the label (Q14).  Switzerland ha s indicated that such issues within Switzerland are
regulated by intercantonal agreements and by the possible use of additional information on the IGO.  The
bilateral treaties which Switzerland has signed contain an homonymous indication clause, sometimes
supplemented by a protocol (Q14).
152 Morocco, in respect of wines (Q14);  Uruguay (Q14).
153 For example, France (Q14);  Iceland (Q14).IP/C/W/253/Rev.1
Page 28
TABLE III:  MEMBERSHIP IN INTERNATIONAL AGREEMENTS: INFORMATION
PROVIDED BY MEMBERS
Member Bilateral agreements Regional agreements Multilateral agreements
Australia wines:  EC/MS
Bulgaria Lisbon, Madrid
Canada NAFTA
Cuba France, Germany, Peru Lisbon, Madrid, Paris, TRIPS
Czech Rep. Austria, Portugal, Switzerland Lis bon, Paris, Madrid
Ecuador Cartagena (Andean Community) TRIPS
Estonia
EC/MSA- wines:  Australia, Bulgaria, Hungary, Romania;
- spirits:  Mexico, USA
Austria "Several bilateral agreements on geographical
indications exist."
Belgium
Denmark Madrid, Paris, TRIPS
Finland
France BAustria, Costa Rica, El Salvador, Germany, Italy,
Norway, Spain, Switzerland, UK, USParis, Madrid, Lisbon,
International Olive Oil
Agreement, Stresa
Germany BFrance, Greece, Italy, Spain, Switzerland OIV
Greece OIV
Ireland
Italy Bwines:  Switzerland Stresa
Luxembourg
Netherlands
Portugal CzechoslovakiaC, Hungary, Spain, Switzerland, Paris, Madrid, Lisbon
Spain BAustria, CzechoslovakiaC, France, Germany,
Hungary, Italy, Portugal, SwitzerlandParis, Madrid
Sweden Madrid, TRIPS, Paris
UK
Hong Kong, Ch
Hungary - agricultural and industrial products: Austria
- indications of source and appellations of origin:
Portugal, Switzerland
- wine:  EC/MSLisbon
Iceland Madrid, Paris, TRIPS
Japan Paris, Madrid
Korea Paris
Liechtenstein EEA Madrid, Paris
LithuaniaDMexico
Mexico FTAs with Bolivia, Chile, Costa Rica, Nicaragua
spirits:  EC/MSNAFTA, Agreement between
Colombia, Venezuela, Mexico
(G-3)Lisbon
Morocco Paris, Madrid (Indication of
Source), Madrid (international
registration of marks)
Norway EEA Stresa
New ZealandB
                                                     
A Information concerning international instruments between the EC and third countries is reflected on the line of the EC and the ir
member States.  As regards the relationship within the EC context, some EC member States have referred to EC legislation, in pa rticular the
mutual recognition and protection among the member States applying thereunder.
B  Recognition of foreign IGOs presupposes inclusion in a bilateral, regional or multilateral agreement.
C Agreement concluded before the Czech Rep. and the Slovak Rep. became two separate countries.
D Involving the recognition of "Tequila" as a Mexican GI and "Palanga" as a Lithuanian GI.
E The Accession procedure to the Lisbon Act has been initiated.IP/C/W/253/Rev.1
Page 29
Member Bilateral agreements Regional agreements Multilateral agreements
Peru Cartagena (Andean Community),
Interamerican General Conv. onTrademark and Trade ProtectionParis
Poland Paris, MadridE
Romania EC/MS
Slovak Rep. Austria, Portugal, Switzerland Paris, Lisbon, Madrid
Slovenia Wines, spirits and aromatised drinks: EC
Switzerland CzechoslovakiaC , France, Germany, Hungary,
Portugal, SpainParis, Madrid, Stresa
Turkey
US EC/MS
Uruguay MERCOSUR Paris, TRIPS
Venezuela BAndean Community legislation Paris, TRIPS
___________________________
A Information concerning international instruments between the EC and third countries is reflected on the line of the EC and the ir
member States.  As regards the relationship within the EC context, some EC member States have referred to EC legislation, in pa rticular the
mutual recognition and protection among the member States applying thereunder.
B  Recognition of foreign IGOs presupposes inclusion in a bilateral, regional or multilateral agreement.
C Agreement concluded before the Czech Rep. and the Slovak Rep. became two separate countries.
D Involving the recognition of "Tequila" as a Mexican GI and "Palanga" as a Lithuanian GI.
E The Accession procedure to the Lisbon Act has been initiated.IP/C/W/253/Rev.1
Page 30
IV. PROCEDURES FOR RECOGNITION
54. This section focuses on the procedures used for the ex ante recognition of  IGOs as eligible
for protection applied under the various means of protection for indications of geographical origin on
which Members have given information in response to the Checklist.
A. LAWS FOCUSING ON BUSINESS PRACTICES
55. Members providing protection for IGOs under general provisions for the protection of
consumers, for protection against unfair competition or in connection with the other types of laws
covered by this heading have indicated that, in the application of these provisions, there are no special
procedures for the ex ante recognition of specific IGOs as eligible for protection under such laws.
B. TRADEMARK LAW
(a) Protection of IGOs as collective, guarantee or certification marks
56. Some of those Members who offer this form of  protection for IGOs have confirmed that an
application must be filed with the trademark office.154
57. Some of these Members have provided information on procedural requirements they impose
in order to ensure that the substantive conditions referred to in section III above are complied with.
These include requiring applicants to submit a copy of the regulations established governing use ofthe mark.
155  One Member has indicated that such rules must be approved by the trademark office.156
Another has indicated that, where a geographical term is used as a certification mark to indicateregional origin, the trademark application should define the regional origin which the mark certifies, if
the wording comprising the mark does not clearly indicate what origin is intended.
157
58. Some Members who have supplied information on this point have indicated that normal
procedures for opposition/cancellation/invalidation of a trademark apply to collective/guarantee/
certification marks.158
(b) Protection as individual trademarks
59. No information has been provided that would suggest that the normal trademark procedures
do not apply in these cases.159
C. SPECIAL PROTECTION
(a) Without procedures for the ex ante recognition of IGOs
60. As indicated earlier on in this note, some Members provide special systems of protection for
IGOs without the need for any prior recognition procedure but on the basis of general definitions and
criteria laid down in the law.  Nevertheless, some of the Members employing such systems
occasionally adopt in addition decrees or ordinances for the application of the law in question in
                                                     
154 Germany (Q17-27);  Hong Kong, China (Q18);  United States (Q18,27).
155 Germany (Q17-27); Hong Kong, China (Q8); United Kingdom (Q10);  United States (Q11).
156 Switzerland (Q17).
157 United States (Q10).
158 United Kingdom (Q25,41);  United States (Q25).
159 United States (Q25,30).IP/C/W/253/Rev.1
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respect of individual IGOs in respect of a particular product, which lay down certain requirements for
the making of the product in question.160
(b) With procedures for the ex ante recognition of IGOs
61. This sub-section first looks briefly at the main different types of procedure for recognition on
which information has been provided, focusing on substantive rather than terminological differences.It then looks in turn at each of the steps that are evident under these procedures, examining
successively the persons eligible to initiate them , the authorities involved in the decision-making
process, the information to be provided to those authorities and consultation and opposition
procedures.  It then takes up the question of procedures applicable to foreign IGOs.
(i) Different means of recognition
62. On the basis of the information made available by Members, the following main types of
means of recognition can be distinguished:
(i) Recognition by virtue of a legislative instrument specifically dedicated to a
particular IGO.  Such legislative instruments would appear generally to result
from an ad hoc procedure rather than from the application of a procedure
defined by law in advance.  In some cases, they are adopted by the legislative
body at central government level and in other cases by that at a sub-centralgovernment level.
161
(ii) Recognition by virtue of a decision of an administrative entity or other public
institution which has authority to take such decisions under the legal system
of the country but which does not amount to a formal registration procedure
of the sort referred to under (iii) below.  Such an administrative entity orother public institution could be a ministry, or a specialized administrative or
statutory body.
162
(iii) Recognition by virtue of the registration of a particular IGO by those eligible
for protection pursuant to an applicable definition.  These systems differ from
those referred to under (ii) above in that the producers themselves generallydetermine the product specification, the production requirements and the area
of production, and the entity which registers IGOs has no discretionary
authority to determine whether the IGO should be recognized if the
definitions and criteria laid down by the law are fulfilled.  In some systems,
this entity will check whether an application substantively meets the
                                                     
160 In Germany, for example, a legal ordinance has been adopted under the special provisions on
geographical indications of the Trade Mark Law in respect of steel from the town of Solingen (Q2);  in
Switzerland, a special ordinance has been adopted under the Federal on the Protection of Trade Marks and
Indications of Source in respect of "Swiss made" for watches (Q6).
161 Examples include Austria, in respect of wines, where a change of federal laws is required (Q17,18);
and Germany, in respect of spirits (Q17-27).  In respect  of wines, Germany has indicated that "some of the
admissible geographical indications are laid down in the Wine Act itself" (Q1) and that "Section 3 of the WineAct lays down the 13 German wine-growing areas" (Q4/5/6).
162 France (Q1,13,18); In respect of wines, Germany has indicated that "some of the admissible
geographical indications are governed by ordinances of the Federal Mistry of Food, Agriculture and Forestry,and some have been laid down by the Land  governments and the communities" (Q1);  that "Section 2 of the
Wine Ordinance lays down the 19 German areas cultivating vin de pays  (Landwein );  and that "Section 1 of the
Wine Ordinance lays down the 5 German wine-growing areas for table wine, including their sub-regions"(Q4/5/6). Greece, in respect of wines and spirits (Q17, 18,19);  Ireland, in respect of wines and spirits
(Q17,18,19);  Slovenia, in respect of wines (Q18);  Spain, in respect of wines (Q17,18).IP/C/W/253/Rev.1
Page 32
requirements of the law for the protection as an IGO, while in others it will
just check formally whether the required information has been submitted;
such information may include an attestation from the Ministry of Agriculture,
or another competent authority, certifying, for example, the definition of the
geographical area or that the applicants are producers in the defined area.163
(ii) Persons eligible to initiate procedures
63. Some of the responses have referred in general terms to public or private entities, or legal
entities and natural persons as having standing to initiate application procedures.164  In some cases this
criterion has been qualified by a requirement that the person demonstrate a legal interest165, is engaged
in the extraction, production, processing and/or preparation of the product concerned in the
geographical area in question166, or is in a position to control the use of the geographical indication.167
64. Many Members have indicated that producer associations can initiate procedures for
recognition.168  In some cases this is in addition to individual natural or legal persons 169 while in some
other cases it has been made clear that the procedures must necessarily be initiated by the trade.170  In
                                                     
163 European Communities, under Regulation No. 2081/92 on the Protection of Geographical
Indications and Designations of Origin for Agricultural Products and Foodstuffs (Q17,18,19);  Korea, in respect
of agricultural and fisheries products and their processed products (Q6,10,13,18,25,33); Switzerland
(Q17,18,19) and Liechtenstein (Q2), under the Swiss Ordinance concerning the Protection of Appellations of
Origin and Geographical Indications with respect to Agricultural Products and Processed Agricultural Products.
The United States has indicated that the procedures leading to recognition generally require the initiative of aprivate entity or person and that, under the procedures of  the Bureau of Alcohol, Tobacco and Firearms (BATF),
the United States provides ex officio protection for IGOs that are notified to the BATF.  Under 27 CFR §4.39(i),
generally, a brand name of viticultural significance may not be used unless the wine meets the appellation of
origin requirements for the geographic area named;  a name has viticultural significance when it is the name of astate or county (or the foreign equivalents), when approved as a viticultural area, or by a foreign government, orwhen found to have viticultural significance by the Director of the BATF.  Decisions on petitions for theestablishment of American viticultural areas are take n by the BATF.  Other recognized IGOs for wines are
defined by political subdivisions, such as the names of states or counties (or the foreign equivalents), or the
name "United States" itself;  similar political subdivisi ons are used as IGOs for spirits, in addition to IGOs
recognized in the specific regulations, such as "Bourbon" (Q1,10,18,19,20). Poland (Q13);  Slovenia, in respectof handicrafts and other goods and of agricultural products and foodstuffs (Q17,18).
164 In Australia, a winemaker or a grower of grapes (Q17); Canada (Q10,17/18 );  Cuba (Q17);  Czech
Republic (Q17);  Estonia (Q17); New Zealand (Q17,19);  Slovak Republic (Q17).  The United States hasindicated that the procedures leading to recognition generally require the initiative of a private entity or person
and that, under the procedures of the BATF, the United St ates provides ex officio protection for IGOs that are
notified to the BATF.
165 Mexico (Reply 21).
166 Belgium (Q17); Bulgaria (Q17); Cuba (Q17);  Ecuador (Q15,21,22);  Hungary (Q17);  Morocco
(Q17);  Peru (Q17);  Turkey (Q17).
167 Canada (Q10,17/18).
168 Australia (winemakers or grape growers organizations) (Q17);  Austria, in respect of wines (Q17);
Cuba (Q17);  Japan, in respect of wines and spirits (Q17);  Poland (Q17);  Romania (Q17);  Spain, in respect of
wines and spirits (Q17,23);  Switzerland (Q17,19) and Liechtenstein (Q2), under the Swiss Ordinance
concerning the Protection of Appellations of Origin and Geographical Indications with respect to Agricultural
Products and Processed Agricultural Products. Germany ha s indicated, in respect of wines,  that "owners and
beneficiaries may, in principle, submit proposals to the local government regarding the names of sites";however, "applications for registration of sites should be made by the local government of the region where theareas under vines are located" (Q13).  In respect of spir its, Germany has indicated that "in the event of several
producers of spirit drinks in a certain region wishing to  adopt an additional new geographical description into
the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process"
(Q17-27);  Slovenia (Q19).
169 Australia (Q17);  Cuba (Q17);  Turkey (Q17).
170 France (Q13,19).IP/C/W/253/Rev.1
Page 33
some Members, application procedures are to be initiated by producer groups171, while some others, in
exceptional circumstances, also allow individual natural or legal persons to have standing to initiate
procedures172.  Reference has also been made to consumer associations as having a right to initiate
procedures.173
65. Some Members have indicated that public entities may initiate procedures 174, for example
local or regional government entities.175  Some Members have indicated that decisions on the
recognition of IGOs may be made ex officio  without any application176, while some others have stated
that this is not possible.177
66. Some Members have indicated that a producer group obtaining recognition of an IGO is not
the owner of the IGO but only a user, like anyone else who meets the specification for use of the IGO;
the group must, however, be representative.178  Some Members have stated that in their jurisdictions
IGOs are owned by the State and cannot be owned privately.179  Some have indicated that an IGO
constitutes a "collective right", which cannot be assigned to any one individual.180  Some Members
have indicated that a government organization or a private entity can own the rights to an IGO181, or
that private entities may own intellectual property rights in an IGO182,183
                                                     
171 Switzerland (Q19) and Liechtenstein (Q2), under the Swiss Ordinance concerning the Protection of
Appellations of Origin and Geographical Indications with respect to Agricultural Products and Processed
Agricultural Products.
172 European Communities (Q17), Belgium (Q17), Greece (Q17), Ireland (Q17), Luxembourg (Q17),
Netherlands (Q17), Spain (Q17) and the United Kingdom (Q19), under Regulation No. 2081/92 on theProtection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs.These Members have referred to Article 5 of this Regulation, which requires applications to be made by groupsof producers and/or processors or, subject to certain conditions, natural or legal persons.  Some of these
Members have also referred to Article 1(1) of Commission Regulation 2037/93, which lays down that
applications may be submitted by a natural or legal person in exceptional, duly substantiated cases, where theperson concerned is the only producer existing in the geographical area defined at the time the application forregistration is submitted.  In Korea, under the Agro-Fisheries Product Quality Management Act, only producers'organizations or corporate processors are eligible for applications for the registration of "geographical
indications", except if there exists only one producer or processor of a product (Q17).
173 Estonia (Q17);  Turkey (Q17).
174 Canada (Q10,17/18);  Cuba (Q17);  Ecuador (Q15);  Ireland, in respect of wines and spirits
(Q17,19);  Peru (Q17);  Portugal (Q13);  Turkey (Q17).
175 Italy (Q19);  Cuba: the local organs of the People's Authority (Q17);  Poland (Q17);  Switzerland, in
respect of wines (Q19);  Venezuela (Q17).  For Germany, reference is made to footnote 231 below.
176 Australia (Q19); Ecuador (Q19);  Greece (Q17,18,19);  Mexico (Reply 21);  Peru (Q17);  Spain, in
respect of wines and spirits (Q17);  United Kingdom, in respect of wines and spirits (Q17,19,21).  Switzerlandhas indicated that, in respect of wine, "the initiative is generally shared by the trade, on the one hand, and thecanton, on the other," and that "there is not any application for recognition as such" (Q19).
177 Bulgaria (Q19);  Cuba (Q19);  Czech Republic (Q19);  Finland (Q19);  New Zealand (Q19);  Poland
(Q19);  Slovak Republic (Q19).
178 Switzerland (Q17,37) and Liechtenstein (Q2), under the Swiss Ordinance concerning the Protection
of Appellations of Origin and Geographical Indications with respect to Agricultural Products and ProcessedAgricultural Products; Cuba (Q17).
179 France (Q17).  This also seems to be the situation in Mexico (Reply 45) and Peru (Q36,37,42,48).
180 Germany, in respect of wines (type of collective right from which benefits arise for each individual
wine grower within a geographical unit) (Q17/27);  Hungary (protection belongs jointly to those who produce,
process or prepare the product in question) (Q17).
181 Portugal (Q17).
182 United States (Q17).
183 See also paragraph 91 below.IP/C/W/253/Rev.1
Page 34
(iii) Authorities involved in the decision-making process
67. A range of different types of authorities that are competent to take decisions on the
recognition of IGOs has been referred to.  These include:
- the national intellectual property or industrial property office 184;
- the ministry of agriculture or a closely-related statutory body 185;
- another central government authority186;
- a national legislative body187;
- a special statutory body188;
- a sub-central government body.189
68. There is in some Members more than one stage to the decision-making procedure.  For
example, in some countries the initial decision on the determination of  IGOs for wines is made at the
                                                     
184 Bulgaria, Patent Office (Q18);  Canada, Registrar of Trade-marks (Q17/18);  Cuba, Cuban Industrial
Property Office (Q18);  Czech Republic, Industrial Property Office (Q18);  Ecuador, National Directorate of
Industrial Property (Q18); Hungary, Patent Office (Q18);  Mexico, IMPI (Mexican In dustrial Property Institute)
(Reply 20);  Peru, Distinguishing Signs Office of INDECOPI (National Competition and Intellectual Property
Protection Office) (Q18);  Poland, Patent Office of the Republic of Poland (Q18);  Portugal, National Institute ofIndustrial Property (Q18);  Romania, OSIM (The Stat e Office for Inventions and Trademarks) (Q18); Slovak
Republic, Industrial Property Office (Q18);  Slovenia, Slovenian Intellectual Property Office in respect ofhandicrafts (Q18);  Turkey, Turkish Patent Institute (Q18);  Uruguay, National Directorate of Industrial Property(Q18);  Venezuela, SAPI (The Autonomous Intellectual Property Service) (Q18).
185 Estonia, Ministry of Agriculture (and the Ministry of Economic Affairs) (Q18);  Finland, Ministry
of Agriculture and Forestry (Q13);  Greece, Ministry of Agriculture, following a recommendation by the CentralCommittee for the Protection of Vine Production (Q17);  Ireland, Department of Agriculture and Food (Q18);Italy, Ministry of Agricultural Policies (Q18);  Netherlands, Ministry of Agriculture, Nature Management andFisheries (Q18);  Slovenia, Ministry of Agriculture, Forestry and Food, in respect of wine, and the Office forRecognition of denominations of Agricultural Products and Foodstuffs within the Ministry of Agriculture,
Forestry and Food, in respect of agricultural products and foodstuffs (Q18);  Spain, Ministry of Agriculture,
Fisheries and Food, if the IGO concerns more than one Autonomous Community (Q13);  Switzerland, FederalAgricultural Office, in respect of agricultural products ot her than wines and, on the basis of cantonal decisions,
in respect of wines (Q18);  the United Kingdom, Ministry of Agriculture, Fisheries and Food (Q13).
186 Estonia, Ministry of Economic Affairs (and the Ministry of Agriculture) (Q18);  Germany, Federal
Ministry of Health (in respect of spirits) (Q17-27);  Japan, National Tax Administration (Q13); United States,
BATF (Bureau of Alcohol, Tobacco and Firearms, a law enforcement agency under the US Department of theTreasury) (Q10,18).
187 Austria, in respect of wines (Q18);  Germany, in  respect of spirits (Q17-27). In respect of wines,
Germany has indicated that "some of the admissible geog raphical indications are laid down in the Wine Act
itself" (Q1) and that "Section 3 of the Wine Act lays down the 13 German wine-growing areas" (Q4/5/6).
188 Australia, Geographical Indications Committee of the Commonwealth Statutory Authority for Wine
(Q18).  According to additional information provided by New Zealand in its comments to JOB(00)/5619, thepreliminary version of the present summary paper, the Surveyor-General will appoint a GeographicalIndications Committee in respect of each application for determination of an IGO (there will not be a permanentbody established) (Q13); Ur uguay, INAVI ( Instituto Nacional de Vitivinicultura ) (Q18).
189 In Belgium, while the Federal Government has sole jurisdiction in respect of industrial and
intellectual property and competition law, the regions (Wallonia, Flanders and Brussels) lay down the rules
governing the award of quality marks and designations of origin, on a regional or local basis.  Germany, inrespect of wines (Q13);  Spain, when the area of production lies entirely within the territory of a singleAutonomous Community (Q13);  Switzerland, in respect of wines (Q13,18,19).IP/C/W/253/Rev.1
Page 35
local190 or state191 government level.  Moreover, in some other Members it would appear that the
Ministry of Agriculture is responsible for the demarcation of the area to benefit from an IGO and
another authority for the decision on the recognition of the IGO.192  Some Members have identified a
range of national public authorities involved in the decision-making process, in some cases with
information on their respective roles193 and in other cases without.194
(iv) Information to be provided to the authorities
69. Members have mentioned various elements as be ing required to be included in applications
for the authorization of the geographical origin as  the product identification and/or the recognition of
an IGO for the same.  The following list of these elements is based on the information provided by
Members enumerating them irrespective of the systems they form part of:
(a) name, address, residence and nationality of the applicant or applicants, and their legal
interest195;
                                                     
190 Germany (Q13,17/27);  Spain (Q13).
191 In Greece, in respect of agricultural products and foodstuffs pursuant to EEC Regulation 2081/92, a
first examination of the application takes place at local level.  The file together with the opinion of the regionaldirectorate of agriculture as well as the views of other relevant bodies in the region having an economic interestis transmitted to the competent central services of the Ministry of Agriculture who takes a final decision at thenational level.  After that the file is transmitted to the Commission of the EU (Q1,13).  The arrangements of the
EC and its member States generally involve action at both the Community and national level as well as, in some
cases, at the sub-national level.  For example, it would seem that the arrangements in Germany for wine mayinvolve four stages:  a decision at the local government level to apply to the Länder ;  a Länder  decision on the
registration of the site;  recognition by the Federal Ministry;  and recognition at the Community level by theCommission (Q13).  In Switzerland, in respect of wines, the cantons define the use of appellations of origin anddetermine the production area and the authorized assemblages and other production requirements, on the
understanding that the federal provisions of the La w on Agriculture and the Ordinance on Wine are also
respected (i.e. conditions relating to the viticultural land register, classification, wine harvest controls, etc.).They keep an inventory of their appellations d'origine  and indications de provenance  and make it known to the
Federal Agriculture Office, which maintains a list of prot ected wine designations (see the answers to Q2,8,13).
United States (Q18).
192 Hungary (Q13,18);  Morocco (Q13);
193 For example, in Korea, in respect of agricultur al and fisheries products and their processed products,
applications for registration are examined by the National Agricultural Products Quality Management Service(NAPQMS) and the Geographical Indication Registration Council, who establish the official definition of the
geographical region or area in the course of examining th e application.  However, anyone has the right to file an
objection with the NAPQMS, which should examine such an objection in consideration of the judgement by theGeographical Indication Registration Council and register the "geographical indication", in case there is nojustifiable reason for rejection, or, in case there is, no tify the applicant of the inadequacy of the "geographical
indication" (Q13,18,25).  In the Netherlands, under EC Regulation 2081/92, the Central Commodity Board forArable Products is responsible for a primary assessment, which is then passed on to the Ministry of Agriculture,
Nature Management and Fisheries for a national level decision (which is then passed on to the EC Commission)
(Q18).
194 For example, the information provided by Fr ance indicates that INAO (National Institute of
Appellations of Origin) and ONIVINS (The National Jo int-Trade Wines Office), in their capacity as public
institutions, and CNLC (The National Commission of Agricultural and Food Product Labels and Certificates),
an independent administrative authority, the ministries concerned and the Conseil d'État  all contribute to the
recognition of IGOs (Q13,18).
195 Ecuador (Q23);  Cuba (Q23);  Mexico (Reply 26) (although no reference to the requirement to
indicate legal interests);  Peru (Q23); United Kingdom, in respect of agricultural products or foodstuffs otherthan wines or spirits (Q23);  Venezuela (Q22).  Bulgaria (Q23) and the Slovak Republic:  "data identifying the
applicant" (Q21);  Bulgaria:  "data concerning the subject of activity of the applicant" to be mentioned (Q23);Canada:  "name and address of the responsible authority, with a description of the state or commercialresponsibility, interest and knowledge in relation to the wine or spirit" (Q22-24);  Czech Republic: "name andIP/C/W/253/Rev.1
Page 36
(b) the IGO applied for as well as the product to be identified by the IGO or a list of
products covered196;
(i) a declaration by the competent central authority or by the competent regional
authority, concerning the IGO and the product(s) to which it relates197;
(c) the definition or description of the geographical area in which the product in question
originates198;
(ii) the geographical area of production, extraction or preparation, delimited with
reference to its geographical characteristics and political boundaries 199;
(iii) information and documents clearly indicating the geographical boundaries200;
(iv) historical or current evidence that the boundaries of the area are as
specified201;
(v) an explanation of how the area differs from neighbouring areas202;
(vi) the agronomic characteristics of the geographical area203;
                                                                                                                                                                    
head office, or given name, family name and domicile of the applicant and his nationality" (Q23);  Poland: "the
specification of the undertakings which use or intend to use the indication" (Q22-24);  Portugal:  "the name ofthe individual persons or corporate bodies, public or private, with capacity to acquire the registration" (Q23);
Romania (Q21-24): "the name of the association of producers requesting the registration of the IGO" (Q21-24);
Slovenia, in respect of agricultural products and foodstuffs (Q23);  Turkey: "information identifying theapplicant, and information concerning the applicant's group" (Q23).
196 Belgium, in respect of agricultural products and foodstuffs other than wines or spirits (Q21);
Bulgaria (Q23,24);  Canada, in respect of a wine or a spirit, (Q22-24);  Cuba (Q23);  Czech Republic (Q23,24);Ecuador (Q23);  France (Q24);  Hungary (Q21);  Korea, in respect of agricultural and fisheries products and
their processed products (Q23,24);  Netherlands, in respect of agricultural products and foodstuffs other than
wines or spirits (Q21-24);  Peru (Q23);  Portugal (Q23);  Romania (Q21-24);  Slovak Republic (Q21);  Slovenia,in respect of agricultural products and foodstuffs, and of handicrafts (Q18);  Spain, in respect of agriculturalproducts other than wines or spirits (Q23);  Turkey (Q23);  Venezuela (Q24).
197 Czech Republic (Q23); Uruguay (Q23).
198 Canada:  "territory, region and/or locality in which the wine or spirit is identified as originating"
(Q22-24);  Czech Republic (Q13,23);  the European Communities, in respect of agricultural products and
foodstuffs other than wines or spirits (EC Q10,13,23;  Belgium Q21;  Spain Q23;  United Kingdom Q23);Hungary has indicated that, in the case of agricultural products or foodstuffs other than wines, the applicantdefines the region under the control, as part of the product specification, by the competent authority (Q13);Korea, in respect of agricultural and fisheries products and their processed products:  "the regional range of a
geographical indication" (Q23);  Slovak Republic:  "country, region or locality …" (Q21).
199 Austria, in respect of wines (Q23);  Bulgaria:  "the region or locality where the products are made"
to be mentioned as well as "the borders of the geographic region" (Q23); Cuba: "the geographical area covered"(Q23);  Ecuador (Q23);  Netherlands, in respect of agricultural products or foodstuffs other than wines or spirits:"the delineation of the geographical area" (Q21-24);  Me xico (Replies 13,14);  Peru (Q23);  Venezuela (Q22).
200 Turkey (Q23);  Poland (Q22-24);  Romania has indicated that the application must be accompanied
by a specification, among others, of the boundaries of the geographical area of production and that the Ministry
of Agriculture and Food or, in the case of foreigners, the competent authority of the country of origin, is tocertify the geographical area of production (Q13,21-24);  the United States, in respect of American viticulturalareas:  "the specific boundaries of the viticultural area, based on features which can be found on the UnitedStates Geological Survey (U.S.G.S.) maps of the larges t applicable scale and a copy of the appropriate U.S.G.S.
map(s) with the boundaries prominently marked" (Q10,23).
201 United States, in respect of American "viticultural areas" (Q10,23).
202 United Kingdom, in respect of agricultural products or foodstuffs (Q23);  United States:  "evidence
relating to the geographical features (climate, soil, elevation, physical features, and the like) which distinguishthe viticultural features of the proposed area from surrounding areas" (Q10,23).IP/C/W/253/Rev.1
Page 37
(vii) the area determined by law or specific regulation204;
(viii) in the case of geographical names traditionally used for foodstuffs, also the
definition of the breeding area205;
(d) evidence that the product originates in the area concerned in accordance with the
definition of the IGO in question206;
(i) the name and head office of the undertaking or factory in the locality whose
geographical name constitutes the IGO207;
(ii) location of the industrial establishment where the product covered by the IGO
will be produced208;
(iii) a document attesting to the name of the applicant and the nature of its activity
and/or certifying that the industrial establishment is situated within the
territory concerned209;
(e) a description of the product or products to be identified by the IGO applied for, as
well as its or their characteristics210;
(i) the quality, reputation and/or other essential characteristics of the
product(s)211;
(ii) technical information and documents explaining, for example, the physical,
chemical, microbiological and/or organoleptic characteristics of the product
including, if appropriate, the raw materials used for the production212;
                                                                                                                                                                    
203 Spain, specifying "climate, uniformity and fertility of the soil, homogeneity of the cultivation
conditions, varieties or breeds, the uniformity of the analytical and organoleptic characteristics of the product
originating in the area in question, the technical skill of the makers or processors and their observance of the
traditional practices which have given the product its originality, and their location, marketing conditions andlevel of recognition and reputation in the market" (Q21).
204 The European Communities has indicated that, in respect of wines, the authority lies in the
competence of the member States, but these are obliged to respect the definition of specified regions, and theprecise demarcation of these regions, for "quality wines" as stipulated in EC law (Q1,8,10,13,23);  Hungary has
indicated that, in respect of wines, the Ministry of Ag riculture has authority to define the geographical area
(Q13,21);  United States, in respect of spirits (Q10,23).
205 Hungary (Q21).
206 Belgium (Q21);  European Communities (Q10,23);  Netherlands (Q21-24);  Romania (Q21-24);
Spain (Q23).
207 Czech Republic (Q23);  Slovak Republic:  "trade name and head office of the factory …" (Q21).
208 Mexico (Reply 26).
209 Czech Republic (Q23);  Mexico (Reply 26). Hungar y has indicated that the applicant may be asked
to certify that it produces, processes or prepares the pr oduct in question in the defined area (Q23); the Slovak
Republic has indicated that such a document could be an extract from the Companies Register, a statement ofthe Municipal Office, a statement of the respective central authority (e.g. Ministry of Agriculture, Ministry of
Health) (Q21).
210 Cuba: "proof of the relation between the applicant and the geographical area delimited by the
appellation" (Q23);  Ecuador (Q23);  Poland (Q22-24);  Romania (Q21-24); Uruguay (Q24); Venezuela(Q21,22).  Bulgaria requires "the specific properties or  peculiarities of the products" to be mentioned (Q23).
211 Czech Republic:  "quality or characteristics" (according to its comments on JOB(00)/5619, the
preliminary version of the present summary paper, following the adoption of new legislation, i.e. Act 116/2000).
Peru:  "quality, reputation and other essential characteristics" (Q23). Slovak Republic: "quality and
characteristics" (Q21):.
212 Estonia (Q21-23); Belgium, in respect of agricultural products or foodstuffs other than wines or
spirits (Q21);  EC (Q10,23) and Spain (Q23,10), in respect of "quality wines" as stipulated in EC law;  HungaryIP/C/W/253/Rev.1
Page 38
(iii) a list of raw materials and their source areas213;
(iv) evidence or a certification that th e products comply with the conditions
specified in the product specification214;
(f) a description of the method of obtaining the product and, if appropriate, the authentic
local or regional methods215;
(g) evidence of quality, reputation or other characteristics216;
(i) an explanatory note on qualitative characteristics217;
(ii) data to prove the reputation of the product218;
(iii) a description of the history of the name sought, its appropriateness and the
traditional use of the name, locally or otherwise219;
(iv) details of the standards or regulations in the country of origin guaranteeing
the authenticity of the product and identifying who has the right to use the
IGO220;
                                                                                                                                                                    
(Q21);  Mexico:  "a detailed description of the finished product or products to be covered by the appellation,
including their characteristics, components, mode of  extraction and production or preparation processes"
(Replies 13,24,27);  Morocco (Q19);  Netherlands (Q21-24) and Spain (Q23), in respect of agricultural products
or foodstuffs other than wines or spirits;  Slovenia, in respect of agricultural products and foodstuffs, and ofhandicrafts (Q18);  Turkey (Q23);  United Kingdom, in respect of agricultural products or foodstuffs:  "whetherthe product is produced, processed, prepared or its raw ma terials originate in the defined area and, if not, what
other areas are involved" (Q23).
213 United Kingdom, in respect of agricultural products or foodstuffs (Q23).
214 Hungary, in respect of agricultural products or foodstuffs (Q21);  Spain, in respect of wines or
spirits, a statement showing that the requirements n ecessary to obtain a "denominación de origen" or a
"denominación específica" have been met;  in respect of other agricultural products or foodstuffs, a productspecification drawn up by the applicants and endorsed by the Government must be submitted to the EuropeanCommission, together with all the documentation on which the decision to submit the application is based(Q23);  Turkey (Q23).
215 Hungary (Q21);  Korea, in respect of agricultural and fisheries products and their processed
products:  "a production schedule" (Q23);  Poland (Q22-24);  Turkey:  "production techniques of the productand, if relevant, the authentic and specific local techniques and conditions" (Q23).  European Communities, inrespect of "quality wines" as stipulated in EC law (Q10,23).  Spain, in respect of wines and spirits (Q23).European Communities (Q10,23) and Belgium (Q21), Netherlands (Q21-24), Spain (Q23) and United Kingdom
(Q22), under Regulation No. 2081/92 on the Protection of Geographical Indications and Designations of Origin
for Agricultural Products and Foodstuffs:  "a description of the method of obtaining the agricultural product orfoodstuff and, if appropriate, the authentic and unvarying local methods";  Slovenia, in respect of agriculturalproducts and foodstuffs, and of handicrafts (Q18).
216 Canada, in respect of a wine or a spirit (Q22-24).
217 Korea, in respect of agricultural and fish eries products and their processed products (Q23).
218 Korea, in respect of agricultural and fish eries products and their processed products (Q23).
219 Australia, in respect of wine or grape products:  "the existence in relation to the area of a word or
expression to indicate that area, including any history re lating to the word or expression;  whether, and to what
extent, the word or expression is known to wine retailers beyond the boundaries of the area;  whether, and towhat extent, the word or expression has been traditionally used in the area or elsewhere;  and theappropriateness of the word or expression" (Q23) and, in more detail, (Q10 under (h));  Canada, in respect of a
wine or a spirit:  "may include, as annexes, extracts from laws, regulations or even descriptions thereof
contained in wine or spirit encyclopaedias or other authoritative publications, if in the opinion of the responsibleauthority the description is accurate" (Q22-24);  the United States, in respect of American viticultural areas:"evidence that the name is locally and/or nationally known as referring to the area specified" (Q10,23).IP/C/W/253/Rev.1
Page 39
(v) a statement to the effect that the interested party complies with the official
quality standard, where one exists221;
(vi) self-imposed quality criteria222;
(vii) the details explaining the link between the product and the geographical
environment or the geographical origin bearing out the fact that the specificquality, reputation or other characteristics of the product are attributable to
that link
223;
(h) labelling details relating to the IGO224;
(i) information detailing the inspection structure provided for225;
- the name of the competent authority which sees to it that the product meets
the requirements of the product dossier226;
(j) the document appointing a representative, if any227;
(k) evidence that the applicable fee has been paid228;
(l) any other information required (e.g. by implementing regulations;  by the competent
office)229;
                                                                                                                                                                    
220 Canada, in respect of a wine or a spirit (Q22-24);  Portugal:  "the traditional conditions or
regulations for use of the appellation or the indication" (Q23).
221 Mexico:  "when necessary to determine the relationship between the appellation and the product, an
indication will be given of the official standards established by the Ministry of Trade and IndustrialDevelopment, to which the product, its mode of extraction, its preparation or production processes and its
packaging will be subject" (Reply 13,26);  the United Kingdom, in respect of agricultural products or foodstuffs:
"whether the product and its specification are protected  by any national or European certification schemes"
(Q23).
222 Korea, in respect of agricultural and fish eries products and their processed products (Q23).
223 Estonia (Q21-23); Belgium, in respect of agricultural products and foodstuffs other than wines or
spirits (Q21);  Czech Republic:  "all criteria contained in the definition of an appellation of origin are intimately
linked to the geographical environment from which a product comes and must be described in the application
for the registration" (Q21); European Communities (Q10,23);  France:  "any information tending to show thatthe application is well-founded and,  in particular, the links with the place of origin, renown, reputation,
qualities, and natural and human factors" (Q23);  Hungary (Q21); Korea, in respect of agricultural and fisheriesproducts and their processed products:  "an explanatory note on the relationship between qualitative
characteristics and geographical factors" (Q23);  Mexico:  "a detailed description of the relationship between the
appellation, the product and the territory" (Reply 13);  Netherlands:  "information proving the product's relationwith the geographical area" (Q21-24);  Turkey (Q22) (implicitly);  United Kingdom:  "how the maincharacteristics are linked to the geographical ar ea and influenced by its environment" (Q23).
224 Belgium, in respect of agricultural products and foodstuffs other than wines or spirits (Q21);  EC
(Q10,23);  Hungary (Q21);  Netherlands (Q21-24);  Poland (Q22-24);  Slovenia, in respect of agricultural
products and foodstuffs, and of handicrafts (Q18);  Spain (Q23); Turkey:  "information detailing the labelling,
marking and means of using the registered designation of origin or geographical indication" (Q23);  UnitedKingdom (Q22).
225 Korea:  "a quality control schedule" (Q23);  Sl ovenia, in respect of agricultural products and
foodstuffs, and of handicrafts (Q18);  Turkey (Q23).
226 Belgium, in respect of agricultural products and foodstuffs other than wines or spirits (Q21);
European Communities (Q10,23);  Netherlands (Q21-24);  Spain (Q23);  United Kingdom (Q23).
227 Estonia (Q21-23); Czech Republic (Q23);  Hungary (Q21);  Mexico (Reply 26).  Canada (Q22-24):
"Canadian mailing name/address if responsible authority is outside Canada (representative for service)".
228 Estonia (Q21-23); Czech Republic (Q23);  Slovak Republic (Q21);  Turkey (Q23).IP/C/W/253/Rev.1
Page 40
(m) any other information which the applicant considers necessary or pertinent.230
(v) Consultation and opposition procedures
70. Members provide for a variety of procedures to attempt to ensure that the views and interests
of all affected parties are taken into account in decisions on the recognition of IGOs.  Some of these
procedures involve consultation by the authorities concerned during the decision-making process,while others involve a more or less formal opposition procedure, which in some cases is pre-
recognition and in other cases post-recognition.
71. Members providing information on consultation mechanisms have indicated, depending on
the product and type of authorization sought, that public authorities or bodies and/or private
institutions or bodies may have to be consulted.
231  The following have been explicitly mentioned:
ministries232;  regional or local governmental authorities233;  universities234;  independent public or
                                                                                                                                                                    
229 Belgium, in respect of agricultural products and foodstuffs other than wines or spirits (Q21);  EC
(Q10,23);  Netherlands (Q21-24);  Peru (Q23);  Po rtugal (Q23);  Romania (Q21-24);  Spain (Q23);  Turkey
(Q23);  Venezuela (Q22).
230 Mexico (Replies 13,24).
231 For example, in France, as mentioned in the section on the authorities involved, the National
Institute of Appellations of Origin (INAO) and the National Joint-Trade Wines Office (ONIVINS) in their
capacity as public institutions, the National Commission of Agricultural and Food Product Labels and
Certificates (CNLC), an independent administrative authority, and the ministries concerned all contribute withintheir sphere of competence to the definition, by decree, of production areas, conditions of production and controlrequirements.  The opinion of the Conseil d'État , the higher administrative jurisdiction, is required by the
ministries concerned for the recognition by decree of an  indication of geographical origin for a product other
than an agricultural product or foodstuff.  Various comment and public enquiry procedures are followed in
connection with the recognition process.  These enable the members of the trade to express their views
(Q13,18,25).  In Germany, specific wine-growing areas are laid down by Parliament in the German Wine Act.The areas cultivating Landwein  (vin de pays ) and areas cultivating table wines are laid down by ordinance of the
Federal Ministry of Food, Agriculture and Forestry with the consent of the Bundesrat .  The Land  governments
demarcate the viticultural regions by ordinance.  The responsible Land  ministries in each case demarcate the
sites and areas and order their registration in the vineyard register.  Applications for registrations of sites should
be made by the local government of the region where the areas under vines are located.  Owners and
beneficiaries may, in principle, submit proposals to the local government regarding the names of sites.  Forgiving advice to the local government, a site committee should be formed in the communities usually consistingof the Mayor as well as of persons representing viticulture  and the wine trade.  Applications for registrations of
areas are to be made by the office of the county district commissioner ( Landratsamt ) or the administration of the
town, constituting an administrative district of its own, responsible for the areas under vines.  Viticulture and
wine trade organizations are to be heard before the fili ng of applications.  Before fixing sites and areas, the
responsible Land  minister hears an expert committee commenting on: - the equivalence and similarity of yields
of a site; - the similarity of yields of an area, the traditional use of site and area names; - an economically sounddemarcation of sites and areas maintaining the site-related character.  In regard to spirits, in the event of several
producers of spirit drinks in a certain region wishing to  adopt an additional new geographical description into
the national ordinance on spirit drinks, the competent Federal Ministry of Health initiates a legislative process
and involves the other ministries concerned, the Länder  which are responsible for enforcement, and would
request the producer and consumer protection associations to deliver an opinion (Germany Q13, under (b) andQ17-27).
232 Germany (see footnote 231 above).
233 Germany (see footnote 231 above).
234 Turkey (Q25).IP/C/W/253/Rev.1
Page 41
private institutions or expert committees235;  producer associations236;  consumer protection
associations.237
72. Some Members publish applications, or the essential elements of them, soon after they are
submitted and provide a period of time for interested parties to submit comments or objections, or file
opposition.238  In some other Members a period of time to lodge such comments or objections, or file
opposition, is provided after an initial determination on recognition of the IGO has been made and
published.239  Those Members who have provided information on this matter have indicated that there
are few if any restrictions on the persons entitled to submit comments or objections, or file
opposition240.  The periods of time allowed for the submission of comments or objections, or file
opposition, vary greatly in WTO Members, from 15 working days241 to one year.242  The submission
of comments or objections, or the filing of opposition, is generally followed by a procedure involving
further consideration of the question, further consultations and seeking of information, before a finaldecision is taken.
243  Some Members have indicated that this decision may itself be subject to appeal
to an administrative tribunal.244
73. The grounds for an objection to recognition or for opposition that have been mentioned are:
- non-compliance with the definition/criteria for protection 245;
- the applicant group of producers is not representative246;
                                                     
235 France (see footnote 231 above);  Turkey (Q25).
236 Australia:  the declared winemaker organization,  the declared grape growers organization and any
other organization or person the Geographical Indications Committee thinks appropriate (Q25).
237 Germany, in respect of spirits (Q17-27).
238 Cuba (Q25);  Ecuador (Q25); European Communities, under Regulation No. 2081/92 on the
Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs(Q25);  Mexico (Reply 28);  Peru (Q25);  Romania (Q25);  Switzerland (Q25) and Liechtenstein (Q2), under theSwiss Ordinance concerning the Protection of Appellations of Origin and Geographical Indications with respectto Agricultural Products and Processed Agricultural Products;  Turkey (Q25);  United States (Q25).
239 Australia, in respect of wine or grape products (Q25);  Korea, in respect of agricultural and fisheries
products and their processed products (Q23); New Zealand (Q25); Poland (Q25);  Portugal (Q25);  Spain (Q25).
240 Cuba: "A holder of a prior industrial propert y right who considers himself affected by the
application for registration may oppose recognition;  similarly, any other interested person may submitcomments relating to the application for registration" (Q26).
241 New Zealand (Q25).
242 Estonia (additionally, a "contestation of registration" granted under Section 9(2) of the Geographical
Indication Protection Act "may be submitted during the term of the registration") (Q25);  Belgium (Q25),Luxembourg (Q25), Netherlands (Q25), Spain (Q25) and United Kingdom (Q25), referring to EC Regulation
No. 2081/92 on the Protection of Geographical Indications and Designations of Origin for Agricultural Products
and Foodstuffs, indicated a period of time of six months.
243 Cuba (Q25);  As an example the procedures under EC Regulation 2081/92 referred to in the
previous footnote can be mentioned.  These provide for a period of 6 months after publication of an applicationby the Member State to the Commission for recognition of an IGO for an EC member State (or, through amember State, any legal or natural person who consider s his/her legitimate interests to be damaged and resides
or is established in that State) to oppose the recogn ition.  Where the Commission finds an objection admissible,
it asks the Member States concerned to seek agreement amongst themselves.  If no agreement is reached, theCommission takes a decision, having re gard to traditional fair  practice and the actual likelihood of confusion.
As regards Korea, see footnote 193 above.
244 Australia (Q25); European Communities (Q47);  France (Q25); Poland (Q25).
245 European Communities, (Q25);  Poland (Q25);  Switzerland, in respect of agricultural products
other than wines(Q25).
246 Switzerland (Q25) and Liechtenstein (Q2), under the Swiss Ordinance concerning the Protection of
Appellations of Origin and Geographical Indications with respect to Agricultural Products and ProcessedAgricultural Products.IP/C/W/253/Rev.1
Page 42
- the proposed recognition of a name would jeopardize the existence of an entirely or
partly identical name or trademark or the existence of products which are legally on
the market247;
- the IGO misleads the public as to the geographical origin, the nature, the method of
manufacture or the quality, reputation or other characteristic of the products
concerned248;
- the name whose recognition is applied for is generic in nature249;
- the IGO is contrary to morality or public order250;
- injury to the legitimate interests of a third party.251
74. Some other Members have indicated that their recognition systems do not provide for an
opposition mechanism as such.252  However, some of these Members have indicated that their legal
systems provide alternate means by which decisions on the recognition of  IGOs can be contested, for
example the regular normal forms of recourse against administrative decisions253 and through
invalidation or other court proceedings.254
(vi) Foreign IGOs
75. The information provided on the basic procedures by which protection can be obtained for
foreign IGOs has been summarized in section III(i) above.  This indicated that the two main
procedures are through the conclusion of international agreements or through the use of the normalapplication procedure.  With regard to the latter matter, some Members have indicated that they have
a requirement that applicants that are legal entities or natural persons whose head office or domicile is
not in their territory must be represented by a local authorized representative (e.g. an attorney at law
or a patent agent).
255  Some Members also require that the applicant produce a certificate, issued by
the competent authority in the country of origin a nd in the name of the applicant, showing that the
IGO is recognized in its country of origin256 and the date of its official recognition in that country.257
                                                     
247 Switzerland (Q25) and Liechtenstein (Q2), under the Swiss Ordinance concerning the Protection of
Appellations of Origin and Geographical Indications with respect to Agricultural Products and Processed
Agricultural Products.
248 Peru (Q26).
249 Germany, in respect of spirits (Q17-27 under (c )); Switzerland (Q25) and Liechtenstein (Q2), under
the Swiss Ordinance concerning the Protection of Appellations of Origin and Geographical Indications withrespect to Agricultural Products an d Processed Agricultural Products.
250 Estonia (Q25).
251 European Communities, in respect of wines, spirits and other agricultural products or foodstuffs
(Q25,26);  Spain (Q25).
252 Bulgaria (Q25);  Czech Republic (Q25); Hungary (Q25);  Japan (Q25); Slovak Republic (Q25);
United Kingdom, in respect of wines and spirits:  "[…] ther e is no formal procedure.  'Geographical indications'
are agreed through European Commission, European Council and WTO procedures when opportunities are
provided for new indications to be challenged." (Q25).
253 France (Q25); Slovenia (Q25).
254 Slovak Republic (unfair competition action) (Q25).
255 Czech Republic (Q27);  Hungary (Q27 ); Poland (Q27) .
256 Canada:  "a statement by the responsible authority that, to the best of its knowledge and belief:  the
laws, regulations or administrative practices in the country of origin provide the legal means to prevent the
unauthorized use of the geographical indication and that, in fact, the laws, regulations or administrative practices
are enforced in the country of origin;  and the requirements for the protection of the geographical indication inthe country of origin are equivalent to the requirements of Articles 23 and 24 for the TRIPSAgreement"(Q22-24);  Cuba: "a certificate from the institution with which the geographical indication isIP/C/W/253/Rev.1
Page 43
D. COSTS
76. Information provided by Members in response to the Checklist on the costs involved in
registration procedures for geographical indications is contained in Table IV.
                                                                                                                                                                    
registered in the country of origin proving that registration has been granted, its validity in that country and the
applicant's right to use it" (Q22,23,27);  Czech Repub lic (Q27);  Estonia (Q21-23);  Poland (Q27);  Romania
(Q16);  Slovak Republic (Q15);  Uruguay (Q23).
257 Canada (Q22-24).IP/C/W/253/Rev.1
Page 44
TABLE IV(A):  RECOGNITION OF IGOs:  INFO RMATION PROVIDED BY MEMBERS ON COSTS
Member Recognition Renewal Authorization to Use an IGO
Australia No fees N.A. N.A.
Bulgaria Fees for registration and publication – State
Gazette No. 53 of 4 July 1997N.A. Registration as user is subject to payment fees for
registration and publication
Canada Application fee - Can$ 450.00 (US$300) N.A. Matter for authority responsible for the IGO
Cuba Both the application for and the granting of
registration of a GI are subject to the payment
of a fee.$360 – if submitted
6 months prior to the
expiry date ofregistration.
$430 – is submitted
within an additional6 months after the
expiry of the above
period.A document certifying the granting of the right to use a
particular GI is issued upon payment of $170.
Czech Rep. Fee for filing application - CZK 4,000.00
(US$100)N.A. Fee for registration of another user of a registered IGO
– CZK 3,000 (US$75)
Ecuador As per Ministerial Agreement No. 0106 1997ANo fees As per Ministerial Agreement No. 0106 A
Estonia Fee for filing application – EEK 1,600.
Fee for the extension of the term for
elimination of deficiencies in an application, or
for the provision of explanations – EEK 400.Fee for amending registration data – EEK 500.N.A. No fees
EC/MSBNo fees N.A. No fees
Austria No fees N.A. No fees
Belgium No fees N.A. Fees fixed by Royal Decree
Denmark No fees N.A. No fees
Finland No fees N.A. N.A.
France The trade makes financial contribution to the
costs of applying and maintaining rightsN.A. See under "Procedure for Recognition"
Germany N.A. N.A.
Greece No fees N.A. No fees
Ireland N.A. No fees
Italy Except usual administrative fees, no specific
contributions linked to right to use IGON.A. No fees
Luxembourg No fees N.A. No fees
Netherlands No fees N.A. No fees
Portugal Application fees – Esc18,950 (US$85)
Maintenance fees – Esc14,650 (US$65)N.A. See under "Procedure for Recognition"
Spain No fees N.A. No fees, but there maybe parafiscal charges to maintain
a Regulatory Authority C
Sweden No fees N.A. No fees
UK No fees for wines or spirits.  For other products,
applicants must meet the cost of inspections.No fees for wines or spirits
Hong Kong, Ch
Hungary Registration fee – Ft 100.000. Transmission for
international registration – Ft 10.000 (US$35).N.A. Costs of examination of the product specification
(agricultural products and foodstuffs)
Iceland No fees N.A. No fees
Japan No fees N.A. No fees
Korea Application fee - 100,000 Won (US$77). N.A. N.A.
Liechtenstein No fees N.A.
Lithuania N.A. N.A. N.A.
Mexico As per Article 15 of the Decree establishing
tariffs for the services provided by IMPIAs per Article 15b of the Decree establishing tariffs for the services provided by
IMPI D
MoroccoENo fees No fees No fees
New Zealand Application fee for determination of IGO
(Surveyor-General).  Registration fee (RegistrarN.A. N.A.
                                                     
A A new schedule of fees is to be established pursuant to Article 368 of the Intellectual Property Act.
B Information reflected on this line (EC/MS) is limited to "the Community level".
C (a) A percentage (maximum 1 per cent) of the product of the number of hectares registered in the name of each interested party
and the average value in pesetas of the yield of one hectare for the area and the previous season;  (b) a percentage (maximum 1 .5 per cent) of
the value obtained by multiplying the average unit price of the protected product by the volume sold;  (c) as a maximum, 100 pe setas for
each certificate or invoice and twice the cost for each seal.
D Renewal of authorization to use every 10 years.
E The costs of analysing samples submitted to the official laboratory for analysis and chemical research in Casablanca are borne
by the producer.
F Regulations establishing these fees not yet adopted.  Additional information provided by New Zealand in its comments to
JOB(00)/5619, the preliminary version of the present summary paper.IP/C/W/253/Rev.1
Page 45
Member Recognition Renewal Authorization to Use an IGO
of Protected Geographical Indications). In
addition to payment of prescribed fees,
applicants will be required to pay the costs of
publishing the application and reasonable costsof the Geographical Indications Committee in
determining the application. 
F
Norway N.A. N.A. N.A.
Peru Application fee (administrative charges) No fees Examination fee
Poland Filing fee – PLN 200 / Maintenance fee-PLN
500N.A. No fees
Romania Registration -  2,400,000 lei or $400. Issue of a
certificate of registration – 300,000 lei or $50.Renewal – 2,400,000 lei or $400D
Slovak Rep. Application fee - 2,000 Slovak crowns (US$40) N.A. Fee for registration of another user – 2,000 Slovak
crowns (for each user).
Slovenia Application fee (agricultural products and
foodstuffs, including wines)N.A. There are no specific fees for an application or
authorisation to use a particular geographical indication.It is necessary to pay the costs of a required certification
on the basis of a tariff.
Switzerland No fees in respect of agricultural products and
processed agricultural products other thanwines).N.A. For wines and according to the canton, a fee is payable
for monitoring.  For other products, expenses incurredby a certification body
Turkey Application fee – TL18,000,000 (US$30). No fee for renewal D.  Fee for inspection
USA No fees (application American viticultural
area)
Uruguay Application fee – 12 Adjustable Units for a
single kind and 7 Adjustable Units for each
additional kind.No fee In the case of a licence for use, this will be governed by
the provisions of the civil law applicable to such
contracts.
Venezuela Fees as necessary for handling applications
_____________________________
A A new schedule of fees is to be established pursuant to Article 368 of the Intellectual Property Act.
B Information reflected on this line (EC/MS) is limited to "the Community level".
C (a) A percentage (maximum 1 per cent) of the product of the number of hectares registered in the name of each interested party
and the average value in pesetas of the yield of one hectare for the area and the previous season;  (b) a percentage (maximum 1 .5 per cent) of
the value obtained by multiplying the average unit price of the protected product by the volume sold;  (c) as a maximum, 100 pe setas for
each certificate or invoice and twice the cost for each seal.
D Renewal of authorization to use every 10 years.
E The costs of analysing samples submitted to the official laboratory for analysis and chemical research in Casablanca are borne
by the producer.
F Regulations establishing these fees not yet adopted.  Additional information provided by New Zealand in its comments to
JOB(00)/5619, the preliminary version of the present summary paper.IP/C/W/253/Rev.1
Page 46
TABLE IV(B):  REGISTRATION UNDER TRADEMARK LAW:
INFORMATION PROVIDED BY MEMBERS ON COSTS
Member Application Procedure Renewal Authorization to Use
Australia
Bulgaria
Canada
Cuba
Czech Rep.
Ecuador
Estonia
EC/MSA
Austria
Belgium
Denmark
Finland
France
Germany Fee for filing a collective mark (covering three classes
of goods or services) – DM 1,500 (US$690) plus DM
250 (US$115) for every additional class of goods or
servicesRenewal fee a– DM 3,000 (US$1380)
(three classes of goods or services), plus
DM 450 (US$205) for every additional
classFee – the same as for filing
application for the collective
mark
Greece
Ireland Registration fee - £200.00 (US$230) Renewal fee a - £200.00 (US$230) No fees
Italy
Luxembourg
Netherlands
Portugal
Spain
Sweden
UK Application to register a trademark (covering one class
of goods or services) - £200 (US$300);  fee for eachadditional class of goods or services;  £50 (US$75)Renewal of trade mark registration 
a - £200
(US$300);  fee for each additional class ofgoods or services - £50 (US$75);
additional fee for late payment -  £50
(US$75)The conditions of use,
including fees, are a matter forthe user and the owner of the
mark
Hong Kong, Ch Application fee - HK$ 1,400 (US$179)
Registration fee - HK$ 2,000 (US$256)Renewal fee - HK$ 4100 (US$525) Whether a fee is charged for
use of a certification markdepends on its owner and the
regulations governing its use
Hungary
Iceland
Japan
Korea
Liechtenstein Registration fee (for three classes) CHF 400.00
(US$230), not including the costs of the publicationAs in the Ordinance of 1 April 1997
regarding the Collection of Fees under theTrademark Act
Lithuania
Mexico
Morocco
New Zealand
Norway
Peru
Poland
Romania
Slovak Rep.
Slovenia
Switzerland If registered as an established mark (for two classes of
products) – CHF 800 (US$460)Renewal fee (Article 10, LPM) aNo fees
Turkey
USA See 37 CFR §2.6(a)(1), et seq. or relevant State laws "Reaffirmation" fee (between the 5th and
6th year) – US$100 per international class.
Renewal fee a- US$300 per international
classLatest information can be
checked on the Website of the
US Patent and TrademarkOffice
Uruguay
Venezuela
                                                     
A Information reflected on this line (EC/MS) is limited to "the Community level".
a Every ten years.IP/C/W/253/Rev.1
Page 47
V. ELIGIBLE/AUTHORIZED USERS AND MONITORING
77. This section discusses the following questions:
- who is entitled to use a protected IGO and any procedures to obtain such an
entitlement;
- the duration of protection of IGOs and entitlements to use them as well as any
arrangements regarding their cancellation or forfeiture;  and
- arrangements for monitoring the use of geographical indications.
A. LAWS FOCUSING ON BUSINESS PRACTICES
78. Even though not all Members have said so explicitly, the provisions in question stipulating
protection of consumers or protection against unfai r competition would appear to apply primarily
whenever a not negligible part of the relevant sectors of the public in the country is likely to be misled
as to the true origin of the goods or services.258  Consequently, anyone whose use of an IGO is not
likely to have that effect will be able to so use the IGO in question.
79. Laws focusing on business practices do not address the issue of the duration of the
entitlement/authorization to use an IGO.
80. The information made available indicates that these laws do not apply differently in respect of
foreigners259.
B. TRADEMARK LAW
(a) Collective, guarantee or certification marks
81. In regard to the use of a collective, certification or guarantee mark, some Members have
provided information on requirements to ensure that the right holder has effective control over the use
made of the mark to ensure that the conditions of eligibility are complied with.  Users of such marks
must observe the regulations governing use of the mark required to be submitted as part of the
registration procedure for these marks.260  Those for a certification or guarantee mark establish the
common characteristics261 of the products or services certified/guaranteed by the mark and for
effective monitoring of the use of the mark and appropriate penalties.  The regulations for collective
marks define the group of companies eligible to use the mark.  One of these Members has indicated
that these regulations must not be contrary to public order, morality or the law in force.262  S o m e
Members have pointed out that a geographical region or area can be defined by an association filing
                                                     
258 Germany (Q30/31);  see also Germany (Q1), in relation to Section 3 of the Unfair Competition Law
and Section 17 of the Act on Foodstuffs and Commodities.  Sweden:  "the use of a specific indication of the
geographical origin of a product or service depends on whether it is actually still false or misleading or not"
(Q34).
259  Lithuania (Q15). Additionally, Article 2.2 of the Lithuanian Law on Competition says that "[t]his
Law shall also be applicable to the activity of undertakings registered beyond the territory of the Republic ofLithuania if said activity restricts competition in the domestic market of the Republic of Lithuania" (Q15).
260 See section IV above.
261 As regards the criteria used to determine these common characteristics, which establish the eligible
users, see the information from Liechtenstein (Q12), Switzerland (Q17), the United Kingdom (Q10) and theUnited States (Q11) reflected in section III above.
262 Switzerland (Q17).IP/C/W/253/Rev.1
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for registration of a collective mark in the regulations governing its use.263  Two of these Members
have indicated that elements to be specified in these regulations must include, as part of the conditions
of use of the collective mark, a provision to the effect that any person whose goods or services
originate in the geographical area concerned and fulfill the conditions set out in the regulations shall
be eligible to become a member of the association and shall be admitted to the group of personshaving authority to use the mark.
264  Some Members have indicated that collective or certification
marks can be licensed.265  One has stated that this can only be done if it is authorized by the
regulations governing the use of a collective mark.266  One has pointed out in this connection that, as a
guarantee mark is not used to distinguish one product or service from another, but to perform a
guarantee function, it must be accessible to anyone who meets the conditions for use.267
82. Members have indicated that the owner of the mark is responsible for monitoring its use by
eligible users and authorized licensees.  Owners themselves or companies with which they have closeeconomic ties may not be eligible to use the mark.
268  One Member has pointed out that monitoring
may also be delegated to third parties.269  One Member has indicated that marks are monitored by
interested parties.270  It has also been said that, if a collective mark is wrongfully used in a manner
incompatible with the purpose of the association that owns the collective mark or with the regulations
governing the use of the mark and the owner does not take reasonable steps to prevent such use,anybody can request the industrial property office to cancel the registration of the collective mark.
271
83. Some Members have indicated that actual use of the mark is necessary to retain protection a
third party being entitled to apply for revocation if there has been an uninterrupted period of five years
of non-use272 or if the mark has not been used within five years after registration.273  One Member has
indicated that holders of certification marks must file evidence of actual use after five and 10 yearsand every 10 years thereafter.
274  Another has stated that no further information needs to be submitted
in renewal applications275.  Another Member has stated that in its legislation the protection of
guarantee and collective marks has, like any other trademarks, a duration of 10 years renewable276.
As regards the duration of authorized use, no information has been provided that would indicate
specific provisions in respect of collective, guarantee or certification marks registered in respect of anIGO.
84. The information made available does not show that the provisions of the laws in question
apply differently in respect of foreign collective, guarantee or certification marks.  Neither does it
reveal that authorization is dependent upon protection in the country of origin.
277
                                                     
263 Germany (Q13);  United States (Q10).
264 Germany (Q17-27);  Liechtenstein (Q12).
265 Germany, provided the licensee abides by the regulations governing the use of the mark (Q2).
Liechtenstein (Q42);  Switzerland (Q42);  United States (Q40).
266 Germany (Q42).
267 Liechtenstein (Q42).
268 Switzerland, for guarantee marks (Q17).
269 Liechtenstein (Q32).
270 United Kingdom (Q32).
271 Germany (Q32/33,37,42);  Hong Kong, China (Q7,35).
272 United Kingdom (Q34).
273 Germany (Q34,35).
274 United States (Q29).
275 Germany (Q28-29).
276 Switzerland (Q17).
277 Germany (Q15,16).IP/C/W/253/Rev.1
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(b) Individual trademarks
85. The information made available does not show specific provisions regarding the use of
individual trademarks protecting IGOs.
C. SPECIAL PROTECTION
(a) IGOs protected without a recognition procedure
86. Some Members employing such systems of prot ection for IGOs have indicated that an IGO
remains protected as long as the circles concerned, i.e. the relevant trade circles, consider it a
reference to the geographical source of the product to which it relates or to the properties or quality of
such products in relation to the source, as the case may be.278  One Member has indicated that these
IGOs can become generic;  persons alleging this will have to prove it and, if there is any doubt, the
term will be presumed to be an IGO.279
87. While there is, of course, no procedure for persons to obtain authorization to use an IGO
under these systems, it has also been pointed out by some of the Members concerned that only those
persons who produce or handle products with the characteristics that justify the protection of the IGO
are entitled to use it.280
88. Two of the Members concerned have noted that associations, consumer organizations or
groups can take responsibility for the monitoring and observance of the use of the IGO and any rulesregarding production.
281
(b) IGOs protected with a recognition procedure
(i) Entitlement/authorization to use
89. It would appear that in the Members who have supplied information, as a general rule all
persons who meet the criteria for the use of a protected IGO are entitled to use it;  that is to saypersons meeting the origin criteria and any production/product requirements attached to the use of the
IGO.
282  Under some systems, this en titlement flows automatically without the need for any further
procedure to be met.  In some others, an individual user must obtain specific authorization, generally
from the same body that was responsible for the recognition of the IGO in question.283  In some of
these systems, before applicants are recognized as eligible/authorized users, they are required to
obtain an attestation of the Ministry of Agriculture or another administrative body certifying, for
                                                     
278 Germany, in relation to Section 126 et seq. of the Trade Mark Law (Q30/31) and in relation to
Section 127(2) of the Trade Mark Law (Q1);  Switzerland (Q8.1,10.1).
279 Switzerland (Q31).
280 Germany, in relation to paragraphs 2 and 3 of Section 127 of the Trade Mark Law (Q1,36);
Liechtenstein (Q36);  Switzerland (Q10.1,36).
281 Liechtenstein (Q32);  Switzerland (Q36,38).
282 Australia, in respect of wine or grape products (Q36,37,40);  EC (Q36);  France (Q17,36);  Germany
(Q36);  Hungary (Q36);  Ireland (Q36);  Italy (Q36);  Morocco, in respect of wines ("any wine producer")(Q36);
New Zealand (Q36);  Poland: additionally, "any party, whose products satisfy the conditions for the use of thatgeographical indication (...) may also request the Patent  Office to be entered in the Register of Geographical
Indications as a party authorised to use it" (Q36);  Portugal (Q36);  Slovenia, in respect of agricultural  productsand foodstuffs, and of handicrafts (Q36);  Spain, in respect of table wines (Q36,37);  Switzerland (Q36);  UnitedKingdom (Q36); Uruguay (Q36).
283 Bulgaria (Q36,38);  Czech Republic, except for the registered holder of the right (Q36);  Germany,
quality wines psr may only be used after the assignment of an inspection number within the framework of anofficial organoleptic examination (Q36);  Hungary (Q36);  Mexico (Reply 39);  Peru (Q36,37);  SlovakRepublic (Q36,37);  Spain, in respect of products other than table wines (Q36,37);  Venezuela (Q36);IP/C/W/253/Rev.1
Page 50
example, that the application is justified or defining the geographical area to which the authorization
relates.284  One Member has indicated that it requires a producer or manufacturer wanting to use a
protected IGO to be a member of the corresponding commodity board.285  I n  s o m e  M e m b e r s
employing systems for the recognition of IGOs, under which the producers themselves generally
determine the product specification, the production requirements and the area of production, the entitywhich registers IGOs has no discretionary authority to determine whether the IGO should be
recognized if the definitions and criteria laid down by the law are fulfilled,
286 not only those producer
groups having obtained the registration can use the IGO, but also other persons or entities who meet
the criteria for use of the IGO.287  One of these Members would seem to require, however, that these
other persons or entities join the producer group having obtained the registration.288
90. Some of the Members which have a procedure by which each user should obtain specific
authorization have indicated that fees are payable by the user for such authorization.289  Some other
Members have indicated that use of a protected IGO may involve acceptance of monitoring and
inspection arrangements and payment of associated fees.290
91. In regard to licensing, many Members have indicated that  IGOs recognized under sui generis
systems cannot be licensed 291 or that the law does not contain provisions for the licensing of  IGOs292,
one of them adding that licensing is contrary  to the "philosophy" of the protection of IGOs.293  A
Member has also indicated that, given that titles in protected IGOs are not privately owned and that
their use is subject to authorization by a public authority, the issue of licensing does not arise.294
However, some other Members have indicated that IGOs can be licensed 295, or that, since the law is
silent on the subject of licensing of  IGOs, nothing prevents licensing.296,297
(ii) Duration of the entitlement/authorization to use
92. Most Members have indicated that IGOs are protected within their territories without a fixed
limitation in time and without being subject to renewal or reaffirmation.298  However, some have
                                                     
284 Belgium (Q38);  Romania (Q13, 36).
285 Netherlands (Q36).
286 See section IV, paragraph 62, under (iii), above.
287 Korea, in respect of agricultural and fisheries products and their processed products (Q36,37);
Turkey (Q36,37).
288 Korea (Q36,37).
289 Bulgaria (Q38);  Czech Republic (Q38);  Mexico (Reply 41);  Peru (Q38);  Slovak Republic (Q38).
290 Cuba (Q38);  Spain (Q38);  Switzerland (Q37,38);  Turkey (Q38).
291 Australia (Q42);  Austria (Q42);  Belgium (Q42);  Cuba (Q42);  Czech Republic (Q42);  Estonia
(Q42);  France (Q42);  Germany (Q42);  Hungary (Q38,42) ;  Italy (Q42);  Liechtenstein (Q42);  Poland (Q42);
Portugal (Q42);  Slovak Republic (Q42);  Slovenia (Q42);  Switzerland (Q42);  United Kingdom (Q42);Romania has indicated that "the right to use an IGO may not be transferred".
292 Bulgaria (Q42);  Ireland "under EC Council Regulation 2081/92, it is interpreted that licences are
allowed (within imposed conditions) in favour of producers who are not established in the area in question for
stages other than production or transformation" (Q42);  Korea (Q42);  New Zealand "as the use of an IGO in
relation to specified goods must be by someone in the geographical origin protected by the IGO, it is unlikelythat an IGO could be licensed" (Q42) ;  Spain (Q42);  Venezuela (Q42).
293 Switzerland (Q42).
294 Peru (Q36,37,42).  See also Mexico (Reply 45).
295 Ecuador (Q42); Uruguay: "licences may be granted in response to the wish of the parties and in
accordance with the relevant provisions of the civil law" (Q38,42).
296 Canada (Q42).
297 See also paragraph 66 above.
298 Austria (Q28);  Belgium (Q28,29);  Bulgaria (Q28,29,35); Canada (Q28,29);  Czech Republic
(Q28);  Estonia (Q28,29);  EC (Q28,29);  France (Q28,29);  Greece (Q28,29);  Hungary (Q28,29);  Ireland(Q28,29);  Italy (Q28,29);  Japan (Q28,29);  Korea (Q28,29);  Luxembourg (Q28,29);  Morocco, in respect ofwines (Q28,29);  New Zealand (Q28,29); Poland (Q28,29);   Portugal (Q28);  Romania (Q28);  Slovak RepublicIP/C/W/253/Rev.1
Page 51
indicated that renewal or reaffirmation needs to be obtained every ten years 299;  this may be achieved
by submission of the relevant application without further formalities300, by submission of inspection
reports by the owner of the protected IGO301, or subject to a report from the ministry of agriculture
confirming the preservation of the characteristics of the product.302
93. Most Members have indicated that their systems do not provide for use of the IGO as a
condition of its continued protection.303  However, other Members have indicated that, if a protected
IGO is not used for a specified amount of years without justification, its protection is liable to be
cancelled at the request of a party.304  A Member has stated that, in its territory, protection lapses if an
IGO has fallen into disuse, although no specific time-period for assessing this is set out in its
legislation.305  Another Member has indicated that, even though the matter is not specifically
addressed, it considers that an IGO must be use d, such use being assessed on a case-by-case basis.306
94. With regard to procedures for modifying or terminating a protected IGO, some Members have
indicated that their systems do not provide for such procedures.307  Some, however, have procedures
by which termination or revocation of the protected IGO can be considered, either ex officio or on the
basis of a request.308  The main grounds mentioned are:  termination of use, or renunciation, by all
users309;  that the conditions for the initial recognition of the IGO were not met310; that the conditions
which warranted its protection have ceased to exist311;  that the IGO is not used in accordance with the
terms set out in the application312;  and that the inspection or other authorities have established serious
defects in relation to the product specification and the use of the IGO313 which cannot be remedied in
another way.314  Some Members have pointed out that applications may be made by interested
                                                                                                                                                                    
(Q28,29);  Slovenia (Q28,29);  Spain (Q28,29);  Switzerland (Q28 under 1);  Turkey (Q28);  United Kingdom
(Q28);  United States, in respect of "viticultural regions" (Q28); Uruguay (28,29).
299 Cuba (Q28);  Ecuador (Q28);  Romania (Q28);  Turkey (Q29).
300 Cuba (Q29);  Ecuador (Q29).
301 Turkey (Q29).
302 Romania (Q29).
303 Australia (Q31);  Cuba (Q34);  Czech Republic (Q30);  Estonia (Q30/31,40); France (Q30);
Hungary (Q30);  Japan (Q30);  Mexico (Reply 34);  Morocco (Q30,31);  Netherlands (Q30);  New Zealand(Q30);  Peru (Q30/31);  Romania (Q30/31);  Slovak Republic (Q30);  Slovenia (Q30,31,34, 40,41);  Spain(Q30);  Switzerland (Q30);  Turkey (Q30);  United Kingdom (Q30); Uruguay (30,31).
304 Ecuador: three consecutive years (Q31); Poland: five years, but this "shall not apply to indications,
the protection of which follows from an international agreement" and "the burden of proof that the geographical
indication is used or that the justified reasons for non-use thereof exist shall be on the holder of the right inregistration" (Q30,31).
305 Canada (Q30).
306 European Communities, in respect of agricultural products and foodstuffs (Q30).
307 Australia, in respect of wine or grape products (Q34);  Netherlands (Q34);  Spain, in respect of
wines and spirits (Q34).
308 Czech Republic (Q32);  Cuba (Q35);  Ecuador (Q34); Estonia (Q35);  Hungary (Q33-35);  New
Zealand (Q35);  Mexico (Reply 37); Poland (Q30,34/35);  Slovak Republic (Q33-35);  Turkey (Q34,35);United States (Q25,39,47);  Uruguay (Q35);  Venezuela (Q34,35).
309 Bulgaria (Q35);  Czech Republic (Q34);  Korea, in  respect of agricultural and fisheries products and
their processed products (Q30,34);  Poland (Q30,34/35);  Slovak Republic (Q33); Uruguay (Q34).
310 Czech Republic (Q34);  Korea, in respect of agri cultural and fisheries products and their processed
products (Q30,34);  Slovak Republic (Q33).
311 Czech Republic (Q34);  Ecuador (Q34);  Hungary (Q34);  Mexico (Reply 37);  Morocco: "[s]hould
the product no longer meet the established criteria for an appellation of origin for wines, the batches may be
reclassified as common beverage wine ( vin ordinaire ) if the analysis shows that the wine is marketable, and at
the request of the wine-producer" (Q34);  Peru (Q28);  Poland (Q30,34);  Slovak Republic (Q33).
312 Cuba (Q34).
313 Slovenia (Q34);  Peru (Q33).
314 In respect of agricultural products and foodstuffs, Article 11 of EC Council Regulation 2081/92
stipulates that any member State may submit that a condition laid down in the product specification of anagricultural product or foodstuff covered by a protected name has not been met.  The provision lays down aIP/C/W/253/Rev.1
Page 52
members of the trade to have the production conditions and the production area attached to a
recognized IGO modified under a procedure identical to the recognition procedure.315  It has also been
indicated that changes or deletions are carried out ex officio if the legal prerequisites no longer
apply.316  There are also Members where a change in the conditions on the basis of which an IGO was
recognized is sufficient ground for cancellation of the IGO.317
95. In regard to the duration of the authorizations granted to individuals for use of an IGO, some
of those Members which require such authorization provide that it needs to be renewed every ten
years.318  Most Members who have provided information on the subject have indicated that use is not
a condition of the continued right of an individual to use a protected IGO.319  One, however, has
indicated that under its system of denominaciónes de origen  the authorization provided to an
individual may lapse if it is not used.320  Some Members have also provided information on
procedures for the revocation of authorizations gi ven to individuals to use a protected IGO, for
example on the grounds that the conditions which justify such use have ceased to exist, that use is not
in conformity with the criteria for use of the IGO or because of renunciation by the user.321
96. One Member has indicated that certain of thes e IGOs cannot be used as generic names and,
once recognized, cannot become generic.322  Another Member has indicated that, under its law, IGOs
for viticultural products cannot become generic but, in respect of other products, transformation of anIGO into a generic is a ground for forfeiture.
323  One Member has indicated, with regard to an IGO
registered as a trademark and becoming the generic name of certain goods or services, or registered
fraudulently, that cancellation proceedings are available and are to be initiated by a third party.324
(iii) Monitoring use
97. The information made available shows that , in most Members, compliance with the
requirements for use of a protected IGO is the subject of monitoring, usually by a public
authority.325,326  The authorities mentioned include:
                                                                                                                                                                    
procedure under which the member State where the I GO originates shall examine the matter and take any
measures it considers necessary but, in the event of repeated irregularities and the failure of the member Statesto come to an agreement, a duly substantiated application must be sent to the Commission.  After examination,the Commission shall take the necessary steps, which may include cancellation of the registration of the IGO(Belgium Q35;  Spain Q35;  United Kingdom Q35);  Hungary (Q25,34).
315 France (Q34,35);  Switzerland, in respect of ag ricultural products and processed agricultural
products other than wines (Q35).
316 Germany, in respect of wines (Q32/33 under (b)).
317 Ecuador (Q34);  Mexico (Replies 31,33).
318 Cuba (Q29);  Mexico (Reply 32);  Peru (Q41);  Romania (Q28,29);  Venezuela (Q28,40).
319 Bulgaria (Q40);  Cuba (Q30);  Czech Republic (Q40);  Estonia (Q40);  France (Q40);  Mexico
(Reply 43);  New Zealand (Q30,40);  United Kingdom, in respect of wines and spirits (Q40);  Uruguay (Q40).
320 Spain (Q40).
321 Cuba (Q30);  Czech Republic (Q34);  Peru (Q35);  Romania (Q32-35).
322 Switzerland (Q31)
323 Portugal, except for viticultural products (Q34).
324 United States (Q30).
325 Belgium has referred to Article 10 of EC Council Regulation 2081/92, which requires, in its
Article 10, EC member States to establish an inspection structure comprising one or more designated inspection
authorities and/or private bodies approved for that purpose by the member State and offering adequate
guarantees of objectivity and impartiality with regard to all producers or processors subject to their control andhaving permanently at their disposal the qualified st aff and resources necessary to carry out inspection of
agricultural products and foodstuffs bearing a protected name.  If a designated inspection authority and/or
private body in a member State establishes that an agricultural product or foodstuff bearing a protected name oforigin in that member State does not meet the criteria of the specification, they shall take the steps necessary toensure that the Regulation is complied with (Q33);  Ireland , in respect of agricultural products other than winesIP/C/W/253/Rev.1
Page 53
- a specialized administrative or statutory body 327;
- a Ministry 328;
- the industrial property office329;
- other administrative authorities or public institutions330;
- accredited private or public certification bodies 331;
- a regional or local governmental authority332;
- administrative authorities together with producer associations.333
                                                                                                                                                                    
or spirits under EC Council Regulation 2081/92:  "we have yet to have any product registered under this
Regulation and monitoring in that area will depend on the product registered" (Q33).
326 Slovenia, however, it has indicated that the asso ciations of producers are responsible for monitoring
the use of IGOs in respect of handicrafts (Q32).
327 Australia, in respect of wine or grape products, Australian Wine and Brandy Corporation (Q33);
Austria, in respect of wines:  Federal Wine Control Authority (Q32);  France:  National Institute of Appellations
of Origin (INAO), National Joint-Trade Wines Office (ONIVINS) and National Commission of Agriculturaland Food Product Labels and Certificates (CNLC) (Q32);  Germany, in respect of wines:  the prosecutionauthorities and the customs authorities, in addition to the regional surveillance authorities (Q39 under (b)) and
(Add.Q1 under (a));  Hungary, in respect of wines, the National Wine Qualifying Institute (Q32);  Korea, in
respect of agricultural and fisheries products and thei r processed products, the National Agricultural Products
Quality Management Service (Q32,33);  Morocco: "The National Wine Commission examines the applicationsand the information they contain so as to recommend the obtention of an appellation.  For wines already in
circulation in the trade, it is the anti-fraud services that recommend the obtention of an appellation" (Q32);Spain, in respect of quality wines produced in a specifi ed region, spirit drinks with a "denominación específica"
and the "denominaciones de origen" and "denominaciones específicas" of agricultural products or foodstuffs
other than wines or spirits, there is in each case a Regulatory Authority ("Consejo Regulador") (Q32,33); UnitedKingdom:  the Wine Standards Board monitors labelling at wholesale and import/export level for wines (Q33);.
328 Greece:  the Ministry of Agriculture's services at local or regional level (Q32);  Ireland, in respect of
wines:  the Department of Agriculture and Food in conjunction with the Revenue Commissioners (Q33);Romania:  Ministry of Agriculture and Food (Q32/33/34/35).
329 Cuba (Q32,33);  Ecuador (Q32);  Mexico (Reply 35);  Peru (Q32,33);  Turkey:  only in the context
of examination of the inspection reports every ten years (Q33 in conjunction with Q29);  Venezuela (Q32 inconjunction with Q18).
330 Estonia (Q32);  Finland:  the Consumer Ombudsman and municipal consumer authorities (Q32);
France:  "control commissions", "public official monitoring services" (Q32);  Germany, in respect of spirits:
food inspection authorities (Q4/5/6 under (c) and Add.Q1 und er (b));  Greece, in respect of wines:  the State
Chemical Laboratory and its regional branches (Q32);  Japan, in respect of wines and spirits:  the National TaxAdministration (including Tax Bureau and Office) (Q32,33,35);  Portugal (Q33);  Slovenia: Agriculturalinspection services, in respect of wine, and Inspectorate for Quality Control of Agricultural Products andFoodstuffs (Q32);  Spain, in respect of "vinos de la tierra" and spirit drinks with "geographical designations",monitoring is carried out by the general governmental supervisory bodies (Q32,33).
331 Finland:  National Food Administration, National Product Control Agency for Welfare and Health
(Q32);  France (Q32);  Switzerland, in respect of agricu ltural products and processed agricultural products other
than wines (Q32-34).
332 Australia, in respect of spirits:  state government  (Q33);  Finland:  Provincial State Offices, the
municipal authorities primarily carrying out supervision in practice (Q32);  Germany, in respect of wines: theLänder (Q33);  Hungary, in respect of agricultural products and f oodstuffs other than wines:  the county
veterinary and food inspection authorities (Q32-35);  Po land: county centers for purchasing and processing of
agriculture products, in respect of agriculture products and foodstuffs (Q32,33);  Switzerland, in respect ofwines:  the cantons are responsible and, as a rule, a specialized commission is set up (Q32);  United Kingdom:local governmental authorities monitor spirits and the retail sector for wines on behalf of the government (Q33).IP/C/W/253/Rev.1
Page 54
98. Some Members have indicated that such monitoring takes the form of quality and quantity
controls, for example through on-the-spot inspections of the production conditions and the products
(analysis, tasting, labelling, packaging).334  Some Members have indicated that users must ensure that
the products in respect of which permission to use the protected IGO is being requested pass varioustests based on chemical and organoleptic analyses.
335  The public surveillance authorities responsible
for the monitoring may also have the authority, or duty, to initiate enforcement proceedings against
improper users of the IGO336;  there are also systems where they have to inform the public authorities
responsible for initiating such action.337  Some Members have described ex officio enforcement
procedures which may imply active monitoring by the responsible enforcement authorities that an
IGO is not used falsely, improperly or simply not in the same way, for example by checking at the
time of renewal the information to be provided by the user with the conditions on which a requiredauthorization of use was given.
338
99. There are also systems which allow beneficiaries the opportunity to present evidence to the
responsible public authority if they believe that the IGO is not being used properly by another
beneficiary.339
(iv) Foreign IGOs
100. As reflected in sections III and IV above, some Members have provided information
concerning the recognition of foreign IGOs in their territories, either by virtue of a bilateral or
multilateral agreement or because the same procedure for recognition is applicable as applies in
respect of the recognition of domestic IGOs.  In some cases, specific information has been made
available relevant to the use of foreign IGOs, in particular where the submission of a productspecification is required as well as the establishment of inspection arrangements.
340  One Member has
indicated that, in respect of spirits, different proc edures apply to the monitoring at the border and on
the domestic market.341
                                                                                                                                                                    
333 Belgium:  private bodies and the economic inspection authority of the Ministry of Economic Affairs
(Q32);  Italy:  authorities of the central and peripheral public administration together with sector committees andthe consortiums (Q32);  Luxembourg:  specific control co mmissions comprising public officials, traders and
consumers and chaired by a public official (Q32).
334 France (Q32,33);  Germany, in respect of spirits (Q36);  Poland: "county centres for purchasing and
processing of agriculture products only check whether the products capable of being marked by a givengeographical indication are so marked, but no particular legal procedures are stipulated for monitoring the use of
geographical indications" (Q33);  Portugal (Q33).
335 Germany ( Q17-27);  Spain, in respect of quality wines produced in a specified region (Q36).
336 Belgium (Q33).
337 Austria (Q34);  France (Q48); Morocco (Q33).
338 Mexico (Replies 31,33,35) and Peru (Q28-35) have indicated that users are required to use IGOs
exactly as they are protected and that the continued existence of the conditions on the basis of which this
protection is recognized is monitored by the authority responsible for the recognition of IGOs.
339 Belgium (Q34);  Bulgaria (Q37 in conjunction with Q32,48);  Germany, in respect of spirits
(Add.Q1 under (b));  Korea (Q34,35);  Mexico (Replies 33-38 and 42);  Turkey (Q32,33);  Venezuela(Q34,35,41).
340 Czech Republic (Q15).  European Communities, in  respect of agricultural products and foodstuffs
other than wines and spirits (EC Q27;  Belgium Q15,27;  Finland Q27;  the Netherlands Q15,27;  Spain Q15,27;and the United Kingdom Q27):  Article 12 of EC Council Regulation 2081/92;  in respect of wines and spirits,
reference has been made to EC Council Regulatio ns 822/87, 1576/89, 2048/89, 2392/89, 1601/91 and 3378/94
as well as Commission Regulation 3201/90 (EC Q15,47 ;  Austria Q15,27;  Greece Q2;  Luxembourg Q16;
Spain Q15,27;  United Kingdom Q15).  Romania (Q52);  Slovak Republic (Q15,27); Turkey (Q15,27).
341 Australia (Q34).IP/C/W/253/Rev.1
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VI. PROTECTION AGAINST THOSE NOT ELIGIBLE/AUTHORIZED TO USE OR 
USING IMPROPERLY
101. This section of the paper focuses on the different types of use of IGOs that can be prevented
under the protection available under national law.  Since the Checklist only contained one question
specifically directed towards this issue (question 1 in IP/C/13/Add.1), a question not responded to by
all Members who otherwise responded to the Checklist , the information available on this point is far
from comprehensive.  Nonetheless, this section s eeks to put together such information as has been
provided, frequently as a by-product of questions directed towards other issues.
102. The title of this section reflects a distinction apparent in the responses to the Checklist as
between actions that can be taken against those w ho are not from within the area to which the IGO
refers, and cannot qualify as eligible/authorized users, and actions against those who are
eligible/authorized users but are using the IGO improperly.  In the responses to the Checklist, thelatter category of actions has been addressed mostly in connection with the subject of section V above
and the information in question has therefore mainly been reflected in that section, in particular in
relation to aspects concerning the monitoring of use by eligible/authorized users.
A. L
AWS FOCUSING ON BUSINESS PRACTICES
103. With regard to laws focusing on business practices of a general nature, the types of acts
against which action can be taken indicated in the information provided include one or more of the
following:
- acts contrary to "good practice" or "honest commercial practices".342  In some cases,
this is combined in the responses with one or more of the acts indicated below;
- conduct liable to mislead or deceive the public, including in regard to the origin and
characteristics of goods and services.343  In some cases, there are specific provisions
relating to misleading advertising344;
                                                     
342 Australia, according to the Trade Marks Act 1995, the Trade Practices Act 1974, the Commerce
Trade Descriptions Act 1905, the common law tort of pass ing off, the state and territory Food Acts (Q4);  Czech
Republic, according to the Commercial Code (Q1);  Fi nland, according to the Consumer Protection Act (No.
38/1978) (Q1);  Germany, according to Section 3 of the Un fair Competition Act, and to Section 17, paragraph 1,
No 5 of the Act on Foodstuffs and Commodities (Q1); Norway, according to Section 1 of the Marketing Act
(Q1);  Slovak Republic, according to the Commercial Code (Q1);  Switzerland, according to the Federal Law on
Unfair Competition (Switzerland's comments on JOB(00)/5619, the preliminary version of the present summarypaper);  Turkey, according to the Turkish Competition Code (1956) (Q47).
343 Australia, according to the Trade Marks Act 1995, the Trade Practices Act 1974, the Commerce
Trade Descriptions Act 1905, the common law tort of passing off, the state and territory Food Acts (Q4);Bulgaria, according to the Bulgarian Unfair Competition Law (Q1);  Cana da, according to the Trade Marks Act
(Q1) and Article 1457 of the Civil Code of Quebec (Q 5);  Czech Republic, according to the Commercial Code
(Q1);  Denmark, according to the Danish Food, etc. Act No. 310 of 6 June 1973 (Q2);  European Communities,
according to Article 2(a)(I) of the Council Directiv e No. 79/112/EEC of 18 December 1978, that prohibition
applies to origin or provenance referri ng to third countries as well (Q1);  France, according to Article L 217-6 of
the Consumer Code (Q1,15);  Germany, according to Section 3 of the Unfair Competition Act, and toSection 17, paragraph 1, No 5 of the Act on Foods tuffs and Commodities (Q1,2,3);  Iceland, according to
Article 11 of the Icelandic Food Act, No. 93 of 28 June  1995 (Q2);  Japan, according to the Unfair Competition
Prevention Law (Q1);  Luxembourg, according to the Law of 27 September 1986 as amended by the Law of14 May 1992 (Q34);  Mexico, according to Article 213 of the Intellectual Property Act (Reply 1);  New
Zealand, according to Section 9 of the Fair Trading Act (Q1/2/3);  No rway, according to Section 1 of the
Marketing Act (Q1);  Slovak Repub lic, according to the Commercial Code  (Q1);  Spain, according to Article
11.1(e) of Law 32/88 on Trademarks and Article 2 of  Directive 79/112/EEC (Q15);  Sweden, according to the
Swedish Marketing Act of 17 April 1995 (Q8);  Swit zerland, according to the Federal Law on UnfairIP/C/W/253/Rev.1
Page 56
- false or incorrect claims, including in regard to the origin and characteristics of goods
and services345;
- trading on the reputation or goodwill of the goods or services of another person,
resulting in damage to the latter 346;  non-authorized use of reputation or goodwill,347
including where the true origin of the goods has been stated or is used with words like
"kind", "type", "style", "imitation".348
104. It has been indicated that the protection available against conduct liable to mislead or deceive
the public with respect to the origin of the goods does not apply to acts of indicating or using a
common name or a commonly-used indication in a normal manner.349
B. TRADEMARK LAW
105. Virtually no information has been provided on the rights conferred by collective, certification
or guarantee marks or individual trademarks where they might protect IGOs, except by someMembers in respect of limitations to these rights so that third parties can use, in the course of trade,
the geographical signs in question in accordance with honest practices in industrial or commercial
matters.
350
C. SPECIAL PROTECTION
106. In general, it would appear that the protection conferred by special means of protection is
stronger than that under laws focusing on business practices and regular trademark protection,
including in respect of collective, certification and guarantee marks.  A range of unauthorized uses of
IGOs that can be objected to have been indicated, with some systems providing for more than one.
These include:
- Use of a recognized IGO by a person not eligible/authorized to use it, without any test
as to the nature of that use.351  In some cases, it is specifically indicated that the right
to prevent such use applies even if the actual origin is indicated or if the geographical
                                                                                                                                                                    
Competition (Switzerland's comments on JOB(00)/5619, the preliminary version of the present summary paper);
Turkey, according to Article 4 of the Consumer Protection Act  and the Turkish Competition Code (1956)(Q47).
344 Denmark, according to the Danish Marketing Practices Act, No. 428 of 1 June 1994 (Q4,15);
Finland, according to the Consumer Protection Act, No . 38/1978 (Q1);  France, according to Article L 121-1 of
the Consumer Code (Q1,27);  Iceland, according to Article 21 of the Icelandic Competition Act, No. 8 of 9 July
1993 (Q4 and Add.Q1);  Korea, according to Article 2(1 )(iv) of the Unfair Competition Prevention and Trade
Secret Protection Act as well as Article 3 of the Fair Labelling and Advertising Act (Q1);  Netherlands,according to the Civil Code, regardless of whether the indi cation is protected in the country of origin or not
(Q1,16);  Switzerland, according to the Federal Law on Unfair Competition and the Federal Law on Foodstuffs
and Objects on Everyday Use (Switzerland's comments on JOB(00)/5619, the preliminary version of the present
summary paper);  Turkey, according to Article 16 of the Consumer Protection Act (1995) (Q47).
345 Australia, according to the Trade Marks Act 1995,  the Trade Practices Act 1974, the Commerce
Trade Descriptions Act 1905, the common law tort of passing off, the state and territory Food Acts (Q4);  HongKong, China, according to the Trade De scriptions Ordinance and the common law of passing off (Q4);  Korea,
according to the Unfair Labelling and Advertising Act (Q1);  Lithuania (Q4,8);  Morocco (Q2).
346 Canada, according to the common law action for passing off (Q5).
347 Canada, according to Article 1457 of the Civil Code of Quebec (Q5).
348 Hong Kong, China (Q4), according to the common law of passing off.
349 Japan, while indicating that this exception does not include acts of using or indicating the names of
a place of origin of grape products that have become common names (Q1).
350 See paragraph 23 above.
351 Bulgaria (Q47);  Canada (Q4);  Ecuador (Q1,45);  France (Q27);  Mexico (Reply 1); Slovak
Republic (Q1);  Venezuela (Q1).IP/C/W/253/Rev.1
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indication is used in a translation or together, with delocalising expressions like
"method", "type", "style", or "imitation".352
- Use which is "false", "incorrect", or "does not correspond to the place specified".353
In some replies, it is made clear that delocalising terms of the sort referred to in the
first indent cannot justify such unauthorized use.354
- Use which might mislead, deceive or create a false impression regarding the
geographical origin of the products.355  Once again, in some systems it is made clear
that this right exists even if the IGO is accompanied by qualifying terms of the sort
referred to above.356  In some cases, this right is additional to that mentioned in the
second indent, operating even if the use of the IGO is factually correct butnevertheless liable to mislead.
- Misuse, imitation or evocation, even with delocalising qualifiers.
357
107. Some laws also contain provisions which address particular types of use, including
advertising358;  labelling359;  the affixation of false IGOs360;  the removal of genuine IGOs361;  and the
manufacture, offering for sale and sale under an IGO of products which do not meet the requirements
for use of that IGO.362
108. The protection referred to above provides protection against products which do not come
from the area indicated by the IGO.  Some of these provisions also provide protection against the useof IGOs on products which, while originating in the indicated area, do not meet the
production/product requirements on which the use of th e IGO is conditional.  Some replies have also
referred to provisions which address more specifically this latter aspect.
363
                                                     
352 Estonia (Add.Q1);  Canada (Q4);  Mexico (Reply 1);  New Zealand (Q4);  Peru (Q1 and Add.Q1);
Poland (Add.Q1).
353 European Communities, in respect of wines (Q1); Japan (Q1 and Add.Q1);  Morocco (Add.Q1);
Norway (Q1);  Romania (Add.Q1);  Slovenia (Add.Q1);  Spain (Q1);  Sweden (Q14);  United States, under ATF
regulation (Q1).
354 European Communities, in respect of wines and spirits (Q1);  Hungary (Add.Q1);  Japan (Q1 and
Add.Q1);  Morocco (Add.Q1);  Norway (Q1);  Romania (Add.Q1);  Sweden (Q14).
355 Cuba (Q47);  European Communities, in respect of wines (Q1);  Finland (Q14);  Germany, under
the Wine Act (Add.Q1);  Iceland (Add.Q1);  Morocco (Add.Q1);  Sweden (Q14);  Turkey (Q4);  United States,
under ATF regulations (Q1).
356 European Communities, in respect of wines (Q1);  Germany, under the Wine Act (Add.Q1);
Morocco (Add.Q1);  Sweden (Q14);  Turkey (Q4).
357 Bulgaria (Add.Q1);  Czech Republic (Add.Q1);  European Communities, in respect of agricultural
products and foodstuffs other than wines and spirits (United Kingdom Add.Q1;  Ireland Add.Q1);  France(Add.Q1);  Slovak Republic (Q1);  Switzerland (Add.Q1).
358 Germany, in respect of wines (Add.Q1);  United States (Q1).
359 Slovenia: "Labelling and other elements relating to the marketing of agricultural products or
foodstuffs may not verbally, illustratively or in any other way, mislead the consumer with regard togeographical denomination" (Q46);  United States (Q1).
360 France (Q27); Korea (Q47); Turkey (Q51).
361 Turkey (Q51).
362 Belgium (Q1);  France (Q27);  Luxembourg (Q32,34); Slovenia, in respect of "geographical
denominations" (Q46).
363 Peru (Q47);  Romania (Q32/33/34/35);  United States, regarding requirements on origin of grapes
(Q9,10).IP/C/W/253/Rev.1
Page 58
109. Some Members have indicated that under their systems protection is accorded not only
against unauthorized or improper use of protected IGOs but also against claiming or creating the
impression that a term is a protected IGO when it is not.364
110. In respect of systems which provide special protection to IGOs for products, or products and
services, in general and without requiring any prior recognition procedure, the protection wouldappear to be linked to the requirement that such IGOs must have acquired a particular reputation or
degree of public recognition.  The protection is thus not only against use that would mislead the
public as to the origin and characteristics of the products and/or services, but also against damage to
or exploitation of such reputation, irrespective of whether the public is misled.
365  Another Member
has indicated that the test of whether the renown of a recognized IGO is misappropriated or lessened
is applied when determining whether action can be taken against the use of that IGO on products other
than those in regard to which it is recognized.366
111. In regard to homonymous IGOs, under one system, by way of exception to the general rule
that a recognized IGO can only be used to designate products coming from the region to which the
name had been assigned, imported wines may bear the same IGO in the case where it is used in
accordance with traditional and consistent usage, on condition that its use is governed by rules in the
country concerned and with due regard to the practical risk of confusion.367  Under another system,
while homonymous IGOs of third countries cannot by recognized, use may be authorized if the
country of origin is clearly and visibly indicated on the label.368  Other Membrs have also referred to
the possibility of conditions being attached to the use of homonymous IGOs.369
112. Other exceptions to the normal scope of protection that have been indicated include:
- use of IGOs in direct conjunction with an adjective indicating the true place of
production370;
- the use of an IGO if it is considered to have become generic 371;
- allowing the use of a protected IGO if the goods were produced, or being produced,
before the recognition of the protected IGO, or the goods were declared to be
specified goods372;
- transitional provisions373;
                                                     
364 Bulgaria (Q47);  Turkey (Q51).
365 Germany (Q1).
366 France (Q27);  Peru (Q2,8).
367 European Communities, in respect of  wines (Q14).
368 The European Communities, in respect of agricultural products and foodstuffs other than wines and
spirits (Q14).
369 Cuba (Q14);  New Zealand (Q14);  Poland, in respect of wines and beers (Q14).
370 United States, ATF regulation for spirits.  The United States states that BATF applies this rule in a
manner authorized by and consistent with Article 24 of the TRIPS Agreement (Q1).
371 United States, ATF regulation for spirits.  The United States states that BATF applies this rule in a
manner authorized by and consistent with Article 24 of the TRIPS Agreement (Q1).
372 New Zealand (Q43).
373 In Switzerland, in the context of the Ordinance on Protected Appellations of Origin and Protected
Geographical Indications (as amended with effect from 1 January 2000), agricultural products and processed
agricultural products other than wines using an appellation of origin or geographical indication may be
manufactured, packaged and labelled in accordance with the old law for five years from the date of publication
of the registration.  They may be marketed for three years from that date.  Such transitional provisions are alsoto be found in the bilateral treaties which Switzerland has concluded with certain countries (Q43 andSwitzerland's comments on JOB(00)/5619, the preliminary version of the summary paper);  In Poland, underIP/C/W/253/Rev.1
Page 59
- use which pre-dates 15 April 1994, (date of adoption of the WTO Agreement), either
in good faith or for a period of at least 10 years. 374
See also section VIII on the relationship to trad emarks for information on exceptions to the scope of
protection in regard to pre-existing trademarks.
113. Some Members have indicated that their systems do not provide for any "grandfather"
provision of the sort found in Article 24.4 of the TRIPS Agreement.375  Some have indicated that this
issue has not arisen in implementing practice until now.376  One has indicated that the matter can be
addressed in specific regulations.377
114. One Member has indicated that the provision of Article 24.4 has been reproduced verbatim in
a law applicable in its territory.378
VII. ENFORCEMENT
115. This section considers in turn enforcement procedures under laws focusing on business
practices, protection under trademark laws and under special protection regimes as they relate to
actions against the misuse of IGOs.  In each sub-section, the paper looks at the persons entitled to
initiate enforcement procedures, the authorities responsible for the conduct of enforcement
proceedings and the remedies available.  In the final two sub-sections a few remarks are made inregard to the enforcement of foreign IGOs and the costs in proceedings.
A. L
AWS FOCUSING ON BUSINESS PRACTICES
(a) Persons entitled to initiate enforcement procedures
(i) Ex officio action
116. Procedures for the enforcement of laws focusing on business practices can frequently be
initiated by public or administrative authorities, either spontaneously or on the basis of a complaint
brought to their attention.  In a number of Members, such action may result from the monitoring that
such authorities have a mandate to undertake with regard to trade practices, consumer protection,
market control or food inspection, which can cover the use of IGOs.379
117. The following types of public entities or bodies have been indicated as entitled to initiate
procedures:
                                                                                                                                                                    
Article 186 of the Industrial Property Law, "any parties who, while operating on a given territory, earlier used a
geographical indication in good faith, and whose products do not satisfy the requirements for the grant of a rightin registration, may continue to use that indication, however for no longer than one year counted from the date
of the grant of the right in registration" (Q36,43).
374 Cuba, in respect of wines and spirits (Q43);  Estonia (Q43);  Japan (Q43);  Turkey (Q43);  Uruguay
(Q43).
375 Bulgaria (Q43);  EC (Q43);  Finland (Q43);  France (Q43);  Greece (Q43);  Hungary (Q43);
Morocco (Q43);   Portugal (Q43);  Slovak Republic (Q43);  Slovenia (Q43);  Spain (Q43);  Sweden (Q43);Venezuela (Q43).
376 Australia (Q43);  Czech Rep. (Q43);  Slovak Rep. (Q43).
377 Germany (Q43).
378 Peru (Q43).
379 Belgium (Q33);  Finland (Q32,33);  France (Q48);  United Kingdom (Q47).IP/C/W/253/Rev.1
Page 60
- a ministry380;
- the Ombudsman381;
- competition authorities382;
- another administrative authority, for example in charge of the protection of
consumers or food production or control.383
118. In regard to the initiation of criminal procedures, it would appear that it is normally the public
prosecutor who takes such action384, whether on the basis of a complaint, at the request of an
administrative body responsible for the area  in question or spontaneously.  In some cases, other
administrative bodies may themselves be able to initiate criminal proceedings.385  One Member has
said that violations of IGOs which constitute criminal offences are generally prosecuted upon request
unless there is a particular public interest necessitating an ex officio action by the prosecutionauthorities.
386
(ii) Private right of action
119. It would appear that in general legal proceedings to enforce laws focusing on business
practices can be initiated by private parties.  In the replies the following private parties have beenmentioned:
- such as "anyone", "any party" or "any person".
387  It has been indicated that the
initiator must be a natural or legal person.388  In some cases it has been made clear
that the person must be an interested party or have a claim that his/her interests have
been affected 389;
                                                     
380 Belgium:  the economic inspection authority of the Ministry of Economic Affairs, the Ministry of
Economy or agency responsible (Q32,33);  Turkey:  Ministry of Industry and Trade (Q47).
381 Denmark (Q48);  Finland (Q32,47-49);  Norway (Q47-51);  Sweden (Q48,Annex).  In some
countries the ombudsman is entitled to issue orders and, if not they are not followed, to bring the case to a court.
See sub-section A(b) on competent authorities for further details.
382 Australia:  Australian Competition and Consumer  Commission (Q39);  Iceland:  the Competition
Authorities (Q48).
383 Finland:  National Food Administration, National Product Control Agency for Welfare and Health,
and provincial State Offices (Q32);  Netherlands:  the Health Protection In spectorate (Government Food
Inspection Service) (Q47);  Norway:  Market Council (Q47-51);  United Kingdom:  Local weights and measures
authorities (Q47).
384 Australia:  breaches under the Trade Practices Act and the Fair Trading Acts are prosecuted through
the Department of Public Prosecution (Q51);  Czech Republic:  only by the prosecuting counsel (Q51);Denmark:  Public Prosecutor (Danish Food, etc. Act) (Q47,48);  France:  public prosecution in the framework ofthe Consumer Code is initiated both by the administrative authorities and the State prosecutor (Q48).
385 Australia:  in the field of spirits, under the Food Acts of the states/territories, the authority
responsible for enforcement of the Act is authorized to initiate criminal prosecutions (Q51);  France (Q48).
386 Germany (Q51).
387 Denmark (Q48);  Iceland (Q48);  Netherlands (Q48).
388 France (Q48).
389 Australia:  "a wide range of interested parties" (Q48);  Finland (Q47-49);  Hong Kong, China:  "the
proprietor" of the IGO under the law of passing off (Q48);  Japan (Q48);  Korea (Q47,48);  Liechtenstein (Q47);
Lithuania (Q48);  New Zealand (Q48);  Norway (Q47-51);  Poland (Q48);   Portugal (Q48);  Switzerland
(Q47).IP/C/W/253/Rev.1
Page 61
- those representing producer or business interests, such as competitors390, producers391,
a professional group392, undertakings393, trade or business associations 394 or chambers
of industry and commerce or craft chambers 395;
- those representing consumer interests such as individual consumers or customers396 or
consumer associations.397
120. As indicated in the footnotes, in some Members persons falling in more than one of the above
categories may have standing, depending on the law in question.
(b) Authorities responsible for enforcement proceedings
121. It would appear that the normal court procedures also apply to the judicial enforcement of
laws focusing on business practices as they relate to IGOs, and most replies indicate the competent
courts.398
122. In some Members administrative bodies have the authority to conduct enforcement
proceedings, receiving complaints, investigating them and, if they are found justifiable, deciding on
appropriate remedies.  Such administrative authorities may be the Ombudsman 399, another
administrative body400 or a Minister.401  Administrative remedies are subject to appeal to a judicial
body, and proceedings may have to be brought before such a body for their enforcement.
(c) Remedies
123. Most replies which have described civil judicial procedures have indicated the existence of
remedies.  Not all of them have listed the type s of remedies.  When information has been made
available, the following have been mentioned: injunctions (e.g. for preventing, prohibiting or
                                                     
390 Austria (Q48);  Slovak Republic (Q1).
391 Austria (Q48).
392 Luxembourg (Q34).
393 Lithuania (Q47).
394 Austria (Q48);  Germany:  associations who market goods or services of the same or similar type on
the same market, associations having as one of their purposes the repression of unfair competition (Q32/33);Switzerland (Q48), Liechtenstein (Q47):  associations whose rules or regulations authorize them to protect theeconomic interests of their members.
395 Germany (Q32/33).
396 Liechtenstein: customers whose economic interests are threatened or infringed by an act of unfair
competition (Q48);  Switzerland (Q47).
397 France (Q48);  Liechtenstein (Q47);  Luxembourg (Q34);  Switzerland (Q47):  organizations of
national or regional importance with a statutory duty to protect the consumer, acco rding to the Law on Unfair
Competition.
398 Australia, for passing off action, Magistrates Court (first instance);  under the Trade Practices Act,
Federal Court;  under the state Fair Trading Acts, Supreme Court (first instance) (Q49);  Canada: ordinarycourts (Q47);  Denmark:  courts of law (Q47,49);  Finland:  Market Court (Q47-49);  France:  ordinary courts(civil and criminal) (Q27);  Germany, court of justice (Q39);  Hong Kong, China:  Court of First Instance (Q49);Iceland:  courts of law (Q49);  Japan:  courts in ci vil cases;  courts and investigating authorities (police), in
criminal cases (Q49);  Lithuania: local courts of general jurisdiction (Q49);  Luxembourg:  district court sitting
in commercial matters (Q34);  New Zealand, Fair Trading Act:  High Court of New Zealand (Q49);  Portugal(Q1,51);  Sweden:  Stockholm City Court (first instance), Market Court (appeal) (Q49).
399 Denmark (Q48,49);  Finland (Q47-49);  Norway (Q47-51);  Sweden (Annex).
400 Australia:  Australian Competition and Consum er Commission (Q39);  Bulgaria:  Competition
Protection Committee (Q49);  Iceland:  the Competition Authorities (Q48,49);  Lithuania: The Competition
Council, which "investigates acts of unfair competition only in such cases when the acts infringe interests of a
number of entities or consumers" (Q47,48,49);  Netherlands:  The Health Protection Inspectorate (GovernmentFood Inspection Service) (Q47);  Norway:  The Market Council (Q47-51).
401 Turkey (Q47).IP/C/W/253/Rev.1
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suspending an act of unfair competition or an act likely to cause misleading with respect, for example,
to the place of origin)402;  provisional measures 403;  damages404;  confiscation405;  destruction of the
goods involved in the act of unfair competition406;  removal of facilities used during an act of unfair
competition407;  posting up or publication of the decision408; imposition of the obligation to make one
or several statements of a certain content or form, denying the previously submitted incorrectinformation or giving explanations as to the identity of the undertaking or its goods
409; and reduction
in the price, annulment of contracts.410
124. In some Members, remedies may be ordered as a result of administrative procedures.  These
include:  orders to stop infringements411;  orders to give adequate information to the consumer412;  and
fines.413
125. Not all those Members in which criminal proceedings are possible have provided details of
remedies.  Some have referred back to the checklist of issues on enforcement or have referred togeneral legal instruments like the criminal codes.
414  Fines and/or imprisonment seem to be the most
frequent sanctions whenever available in the res ponding Members.  The following types of sanctions
have been found in the replies:  fines415 or imprisonment416 or both417;  damages (or criminal
indemnification)418;  confiscation or "deprivation of goods" 419;  deprivation of rights420;  temporary or
permanent closure of business;  and disqualification for the pursuit of the trade.
                                                     
402 Finland (orders) (Q47-49);  Germany (Q47/48);  Japan (Q47);  Korea (Q47);  Luxembourg (Q34);
New Zealand (Q47);  Sweden (prohibition orders) (Annex).
403 Finland (interim orders) (Q47-49);   Liechtenstein (Q47);  Norway (Q47-51);  Sweden (interim
decisions) (Annex); Switzerland (Q47).
404 Finland (Q47);  Germany (Q47-48);  Japan (Q47) and Korea (Q47), for infringements committed
intentionally or negligently;  Liechtenstein (Q47);  Lithuania (Q48);  Norway (Q47-51);  Switzerland (Q47);
Turkey (Q47).
405 Liechtenstein (Q47).
406 Korea (Q47);  Lithuania (Q48).
407 Korea (Q47);  Lithuania (Q48).
408 Luxembourg (Q34);  Switzerland (Q47).
409 Lithuania (Q48).
410 Turkey: in cases involving the consumers (Q47).
411 Finland:  order by the Ombudsman (Q47-49);  Korea (Q47).
412 Sweden:  order by the Ombudsman (Annex);  Korea (Q47).
413 Korea, surcharge impose by the Fair Trade Commission (Q47);  Netherlands (Q47);  Turkey (Q47).
414 Czech Republic (Q47);  Hungary (Q51).
415 Norway, for negligent but not wilful violations (Q47-51).
416 Hungary, for felony (Q51).
417 Denmark:  fines or detention under the Marketing Practices Act;  under the Danish Food, etc. Act:
fine, detention without trial or imprisonment (Q51);  Germany: fine and/or imprisonment (Q51);  Hong Kong,China under the Trade Descriptions Ordinance:  fine and imprisonment (Q51);  Japan:  fines or imprisonment
under the Unfair Competition Prevention Law (Q51);  I celand:  under the Competition Act, fines, punitive
custody or imprisonment; under the general penal Act: fines may be adjudged concurrently with custody andimprisonment (Q51);  Liechtenstein:  imprisonment or fine;  when the offender is making a business out of it:imprisonment and fine (Q47);  Norway:  wilful violation of provisions of the Marketing Act is punishable byfines or imprisonment (Q47-51);  Switzerland:  on complaint, imprisonment or fine under law on unfaircompetition and law on foodstuffs (Q47).
418 France (Q48);  Sweden provides for a market disruption fee against violations of the Marketing Act;
the reply indicates that it is not strictly speaking a criminal sanction but produces the same effect (Q51).
419 Liechtenstein (Q47);  Switzerland (Q47).
420 Iceland (under the General Penal Act) (Q51).IP/C/W/253/Rev.1
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B. TRADEMARK LAW
(a) Protection of IGOs as collective, guarantee or certification marks
126. It would appear that the initiation of enforcement procedures, normally depends on private
actions.  The persons indicated as entitled to take such action include:  the aggrieved person421;  any
interested person or anyone who demonstrates a legal interest422;  any infringed party 423;  any person
or entity424;  the IGO owner or beneficiary 425;  trade, professional and business associations426;  and
consumer associations.427  In some Members, the authorized users of such mark (members of the
association) may bring action provided certain condi tions are fulfilled (e.g. with the consent of the
proprietor).428  It has also been mentioned that, under certain circumstances, licensees of the owner
may be entitled to seek enforcement.429  To the extent that the monitoring of the use of collective,
guarantee and certification marks has been addressed, it would appear that it is generally undertaken
by the proprietor, or private bodies on his behalf. 430  In general, if the proprietor does not take the
necessary steps to prevent the collective mark fr om being wrongfully used in a manner incompatible
with the purposes of the association or the regulations/specification governing the use of the mark,
anybody may request the cancellation of the registration.  One Member has indicated that the rules
submitted to the trademark office in the application for a collective mark must indicate the rights and
obligations of the parties concerned in the event of infringement of the mark.431
127. It would appear that, in those Members who have referred to this form of protection, the
normal judicial enforcement procedures and remedies applicable to trademarks are generally
available.432  In regard to administrative procedures, the possibility of seeking and obtaining action by
the customs administration to prevent the importation (and/or exportation and/or transit) of infringing
goods has been mentioned.433
128. With regard to civil judicial remedies, the following have been mentioned:  injunctions434;
monetary damages435;  order to reveal the source of objects illegally bearing an IGO 436;
confiscation437;  destruction438;  provisional measures439;  publication of judgments.440  Some Members
have also provided information on criminal sanctions available.  These include:  imprisonment and/or
                                                     
421 Australia (Q49);  United States (Q39).
422 Switzerland (Q48);  United States (Q39).
423 Switzerland (Q48).
424 Denmark:  any person or entity (Danish Trade Marks Act) (Q48);  Iceland (Q48).
425 Germany (Q47/48);  Hong Kong, China (Q48).
426 Germany (Q47/48);  Liechtenstein (if so authori zed by their statutes) (Q47);  Switzerland (Q48).
427 Germany (Q47/48);  Liechtenstein (if so authorized  by their statutes) (Q47);   Switzerland (Q48).
428 Germany (Q47/48).
429 United States (Q48).
430 Germany, (Q32/33);  Switzerland (Q32);  United Kingdom:  "trademarks are not monitored by any
one entity, simply by interested parties" (Q32).
431 Germany (Q17-27).
432 Denmark:  courts of  law (Q49);  Germany:  civil chambers of the Regional Courts ( Landgericht )
have exclusive jurisdiction for litigation regarding IGOs, regardless of the value in dispute.  Most Länder  have
concentrated such litigation with one regional court (Q49);  United Kingdom:  civil courts (Q39,47).
433 Germany:  for import, export and in transit goods (Q47/48);  Switzerland, which also extend border
measures to exported goods but not goods in transit (Q47);  United States: importation (Q49).
434 Canada (Q39);  Liechtenstein (Q47);  Switzerland (Q47).
435 Canada (Q39).
436 Liechtenstein (Q47);  Switzerland (Q47).
437 Liechtenstein (Q47);  Switzerland (Q47).
438 Liechtenstein (Q47);  Switzerland (Q47).
439 Liechtenstein (Q47);  Switzerland (Q47).
440 Liechtenstein (Q47);  Switzerland (Q47).IP/C/W/253/Rev.1
Page 64
fines or other measures such as deprivation of goods, disqualification, closure of trade.441  The main
administrative measures that have been referred to are those taken at the border.
(b) Protection of IGOs as individual trademarks
129. Where information has been provided, it would appear that the usual means of recourse in
respect of trademark infringements are available – civil and criminal procedures and action at theborder with the assistance of the customs administration.
442
C. SPECIAL PROTECTION
(a) Persons entitled to initiate enforcement procedures
(i) Ex officio action
130. Some Members have indicated that enforcement proceedings regarding the misuse of IGOs
protected under special legislation may be initiated ex officio.443  In some cases, this may be as a
result of the monitoring activities of the administrative bodies which have been referred to in
Section V above, with actions taken either by the monitoring body itself or by another public authority
on its request.  Actions may also be initiated ex officio on the basis of a complaint.444  It would appear
that ex officio action is stressed in particular in those countries where IGOs are owned by the state,
although direct recourse by private parties may also be possible.445
131. Ex officio action may also be taken to initiate criminal procedures.446  One Member has
indicated that, if the alleged infringer is not making a business of his infringing activity, such action
will be initiated on a complaint, otherwise the authorities will take action spontaneously.447
(ii) Private right of action
132. In regard to private rights of action, the categories referred to in sub-section A(a)(ii) above
concerning laws focusing on business practices can also be identified:  namely, first, a broad
definition of interested parties448;  second, producers, persons representing producer or business
                                                     
441 Austria:  fines for infringements of  IGOs protected as collective marks (Q51); Bulgaria: deprivation
on behalf of the state of goods on the basis of a penal injunction issued by the president of the Patent Office
(Q49);  United Kingdom (Q51).
442 Hong Kong, China (Q48);  United States (Q39,49).
443 Australia, in respect of wine or grape products, the Australian Wine and Brandy Corporation (Q48)
and, in respect of spirits other than wine or grape products, the relevant authorities such as the Australian
Quarantine Inspection Service (Q33);  Belgium, eco nomic inspection authority (Q33);  Cuba (Q35,46);
Germany, in respect of wines:  officials of the competent surveillance authorities, including the wine inspectors;in case of imminent danger, also all other police officers (Q49);  Ireland:  authorized officers appointed by theMinister under relevant statutory instruments (Q48); Korea, in respect of agricultural and fisheries products andtheir processed products, the National Agricultural Products Quality Management Service (Q48);  Romania:Ministry of Agriculture and Food (Q48).
444 Australia (Q33);  in Austria (Q33), Belgium (Q34), European Communities (Q47), France (Q47)
and the United Kingdom (Q47), complaints can be filed with administrative authorities such as the Ministry ofAgriculture, the Ministry of Economy, another public institution, or a local council;  Mexico (Replies 52,53,55).
445 Ecuador (Q48);  Mexico (Reply 55);  Peru (Q48).
446 Czech Republic, the prosecuting council who is obliged to prosecute all criminal acts he/she is
aware of (Q51); the public prosecutor or police in Belg ium, Germany, France, Italy, Portugal and Spain (EC
Q47).
447 Switzerland (Q47).
448 Cuba (Q35,46);  Estonia (Q48);  European Communities (Q47);  France (Q48);  Greece (Q33);  Peru
(Q34);  Romania (Q48);  Switzerland (Q48).IP/C/W/253/Rev.1
Page 65
interests449;  and, third, those representing consumer interests.450  H o w e v e r ,  i n  r e g a r d  t o  s p e c i a l
protection it would seem that there is more emphasis on producer interests, even if this is not
necessarily exclusive.  Some Members have only referred to authorized/registered users or proprietors
of recognized IGOs as having a right of action.451
(b) Authorities responsible for enforcement proceedings
(i) Administrative procedures
133. In some Members, administrative procedures exist for the enforcement of special protection
of IGOs, either exclusively or in addition to other procedures.452  In some Members, the Ombudsman
or the Ministry of Agriculture or another public body may have the authority to receive complaints,
investigate them and issue remedial orders.  Enforcement of such orders may depend on such bodies
bringing the case to the public prosecutor.  It has been indicated that any action by such administrative
authorities may be appealed to the Minister and to administrative courts.453  In regard to its law
providing special protection for IGOs for wines a nd spirits, the only enforcement procedure that one
Member has indicated is the authority of the Finance Minister to order manufacturers or sellers to
observe the standard in question.454  Other Members, one of which only in regard to wines and spirits,
have also referred to an exclusively administrative mechanism, but subject to judicial review.455
Reference has also been made to the applicability of border enforcement procedures.456  C e r t a i n
administrative authorities may also have a mediatory role in seeking to resolve disputes without the
formal recourse to legal procedures457 or play an investigatory or advisory role in the proceedings
conducted by other bodies.458
                                                     
449 France (Q27,48);  Italy (Q48);  Liechtenstein (Q48);  Switzerland:  in the context of the Law on the
Protection of Trademarks and Indications of Source (Q48);  Turkey (Q48,51).
450 Australia (Q48);  Liechtenstein (Q48);  Switzerland:  in the context of the Law on the Protection of
Trademarks and Indications of Source (Q47);  Turkey (Q48,51).
451 Czech Republic (Q48);  Hungary (Q1,48);  Korea, in respect of agricultural and fisheries products
and their processed products (Q48);  Morocco (Q47,48);  Poland (Q48);  Slovak Republic (Q48);  Slovenia
(Q48);  United States (Q48);  Uruguay (Q48).
452 Australia, for spirits, Administrative Appeals Board (Q49);  Cuba: Cuban Industrial Property Office,
"although appeals against its rulings may be made through the judicial system" (Q48,49);  Mexico, IMPI (Reply53);  Peru, INDECOPI Distinguishing Signs Office (Q33,49);  Uruguay:  " [r]ights are enforced by means of
administrative proceedings before the National Directorate of Industrial Pr operty, an application for annulment
before the Administrative Tribunal, and civil and crimin al proceedings before the competent courts" (Q47,49).
453 European Communities, referring to practices in some EC member States (Q47).
454 Japan (Q47).
455 Peru:  "The decisions of the second administrative tribunal (INDECOPI Tribunal for the Defence of
Competition and Intellectual Property) may be challenged judicially" (Q49).  United States:  "Complaintsrelated to the misuse of a geographical indication in la bels or advertising of wines and distilled spirits are
resolved by ATF.  An aggrieved party may file a complaint alleging misuse of a geographical indication withATF.  ATF will investigate the matter, and will give a ll interested parties an opportunity to present evidence in
support of their positions.  Based on evidence presented, ATF will make a determination as to whether the
geographical indication has been misused.  This approach enables ATF to evaluate the use of a particular
designation of geographic significance and determine on a case-by-case basis whether the use of suchdesignation is in accordance with the laws, regulations and obligations of the United States.  In addition, ATFactions are subject to judicial review in federal courts" (Q47).
456 Hungary (Q48);  Switzerland in regard to its Law on the Protection of Trademarks and Indications
of Source (Q47,49).
457 In Australia, under its legislation on wines and brandy, dispute resolution in the first instance is
through discussion with the Australian Wine and Brandy Corporation representatives (Q49).  This may also bethe case for the Ombudsman in some countries.
458 Mexico, IMPI in criminal proceedings (Reply 55).IP/C/W/253/Rev.1
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(ii) Judicial procedures
134. In general, action may be brought before the civil courts and, in some cases, criminal ones as
well.459  Some countries have indicated that criminal proceedings are not available.460  In some
Members, the applicability of criminal procedures depends on the wilfulness and/or scale of the
contested act.
(c) Remedies
135. The main civil remedies that have been referred to are injunctions461 and damages.462
Declaratory judgements463, orders to disclose the source of goods464, confiscation and destruction465,
seizure of revenues466 and the publication of judgements467 have also been mentioned.  Some
Members have also referred to provisional measures or interim injunctions.468  Criminal penalties
generally consist of imprisonment and/or fines.469  As regards administrative procedures, the main
remedies indicated are orders to stop the infringeme nt and/or to give adequate information to the
consumer470, fines471, increased supervision472 and publication of disciplinary decisions.473
D. FOREIGN IGO S
136. Little information has been provided specifically on the use of enforcement mechanisms in
respect of foreign IGOs.  It will be recalled that earlier sections of this note, notably section III, have
discussed the extent to which laws apply equally to foreign IGOs, the extent to which protection isdependent on recognition in the country of origin and the way in which foreign IGOs can obtain
recognition where necessary.  Some Members have specifically indicated that rights in foreign IGOs,
where they exist in their jurisdictions, are enforceable by foreign nationals.
474  One Member has
                                                     
459 Australia (Q49); in Belgium, France, Italy and Spain (EC Q47);  Czech Republic:  civil courts
(Regional Courts and the Municipal Court in Prague) as well as criminal procedure initiated by the prosecuting
counsel (Q49,51);  Ecuador:  district intellectual property courts and for criminal offences, criminal courts(Q49); Estonia (Q49,51);  Hungary:  Metr opolitan Court and for appeal, the Supreme Court for civil cases;  for
criminal procedures:  local court and in second instance, county courts (Q49);  Mexico (Reply 55);  Morocco:
commercial courts in respect of civil and criminal pr oceedings under law 17/97 on the Protection of Industrial
Property (Q49,51).  In respect of wines, the "entity empowered to rule on the rights attached to appellations oforigin is the National Wine Commission.  In criminal actions, it is the court of first instance in the place ofresidence of the wine-maker that is competent to rule on  any disputes over rights to appellations of origin for
wines (Q49);  Poland: Civil regional courts decide infringement cases (Q49);  Portugal (Q51);  Slovenia:
District Court of Ljubljana (Q49,51);  Switzerland (Q47);  Uruguay (Q47,49).
460 Canada (Q51);  New Zealand (Q51);  Peru (Q51).
461 Australia (Q48);  Canada (Q47);  European Communities (Q47);  New Zealand (Q47).
462 Canada (Q47);  European Communities (Q47).
463 Switzerland (Q47).
464 Switzerland (Q47).
465 Bulgaria:  deprivation of goods, imported or produced in Bulgaria (Q47);  Switzerland (Q47).
466 Belgium (Q34,49).
467 Switzerland (Q47).
468 Australia (Q48);  Belgium (Q34,49).
469 Bulgaria (Q47);  Germany Q51 (EC Q47);  Hungary (Q51);  Korea, in respect of agricultural and
fisheries products and their processed products (47,51);  Morocco (Q51);  Poland (Q51);  Romania (Q51);
Spain Q51 (EC,Q47);  Switzerland (Q47);  United States (Q51).
470 As stated earlier, it has been indicated that the enforcement of such remedies may be through the
initiation of courts proceedings by the public prosecutor (EC Q47).
471 Germany (Q51);  Japan (Q51);  Netherlands (Q51);  Turkey (Q47).
472 Netherlands (Q51).
473 Netherlands (Q51).
474 Australia has indicated that "for goods other than wine, and services, there is no provision under any
of the cited legislation (Australian Wine and Brandy Corporation Act 1980, Trade Practices Act 1974,Australian Food Standards Code Spirit Standard and state and territory Fair Trading Acts) which restricts theIP/C/W/253/Rev.1
Page 67
indicated that in its law relating to IGOs for wines the standing of foreign nationals and organizations
to institute proceedings under certain provisions of the Act may depend on the conclusion of an
agreement with the country of those persons or organizations.475  Another Member has addressed the
question of the extent to which foreign governments may have standing to initiate enforcement
procedures, indicating that in general it is unlikely that national governments from WTO Membersmay have standing to file complaints.
476
E. COSTS
137. Not all the replies have provided informati on on the costs involved in proceedings, some
referring to the information provided in their re sponses to the Checklist of Issues on Enforcement
(document IP/C/5).  Among the replies, some are very detailed and contain for example a schedule of
court fees.477  Some other just mention the legal text on fees/costs or the type of fees/costs.478
138. When the replies contain information on costs, the following main features can be drawn.
Fees seem to be required in all civil procedures described.  The normal court costs for civil procedures
seem to apply to disputes relating to IGOs.479  For example, costs for actions before a court are
determined according to the same rules as for othe r rights in civil proceedings in accordance to the
value of the case in dispute480, the duration of the dispute, in particular the number and duration of the
court hearings481 or in accordance with the complexity of the litigation.482  The level of the fees may
also depend on the level of superiority of the court and the type of action brought.483  Other costs have
been mentioned (costs for experts and fees paid to witnesses).484 It has also been reported that the
losing party may have to bear the costs of the winning party, which could include lawyer's fees. 485
139. It would appear that actions initiated ex officio do not incur costs for private parties 486.  The
same seems to apply, at least in some cases, when disputes are brought before an administrativebody.
487
                                                                                                                                                                    
right of foreign nationals to take action under these acts to enforce protection of geographical indications"
(Q15);  France has stated that "any foreigner who is the owner of intellectual property rights protected in France
may have them enforced in any court, in accordance with  the same rules of attribution of jurisdiction" (Q27).
475 Australia (Q48).
476 European Communities, referring to the situation in its member States and indicating that only Italy
provides for such a possibility (Q47).
477 Canada has given a detailed schedule of fees in the superior court of each province (Q49);  Germany
(Q49);  Liechtenstein gave detailed information on the costs of lawyers and courts expenses (Q49).
478 Cuba (Q49);  Czech Republic:  judicial fees (Q49);  Hungary (Q49); Uruguay: "fee and taxes"
(Q49).
479 Italy: "specific fees are not foreseen, but only the normal court costs" (Q49).
480 Germany (Q49);  Liechtenstein (Q49).
481 Liechtenstein (Q19).
482 United States (Q49).
483 Australia (Q49).
484 Estonia: in relation to criminal pr oceedings (Q49);  Liechtenstein (Q49).
485 Finland:  for actions before the Market Court: the plaintiff is responsible for the disbursement of the
trial fee (Q47-49);  Germany (Q49).
486 Hungary (Q49);  Turkey:  however the "convict should pay the expenses at the end of the
procedure"  (Act of criminal procedure) (Q49).
487 Australia (Q49);  Denmark (Q48-49);  Finland (Q47-49).IP/C/W/253/Rev.1
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VIII.  RELATIONSHIP TO TRADEMARKS
A. PROTECTION AGAINST REGISTRATION OF IGOs  AS TRADEMARKS
140. Virtually all Members who responded to the questionnaires indicated that their legal systems
provide some form of protection against the registration as trademarks of signs containing or
consisting of IGOs, including through the subsequent invalidation of trademarks incorrectlyregistered.  Viewed from the perspective of which IGOs can benefit from such protection, the
following categories can be identified:
(a) In many countries, any IGO can benefit from such protection, pursuant to the general
criteria for the registrability of trademarks.  For example, many Members have
indicated that the registration of such a trademark will be refused if it is likely to
confuse, deceive or mislead the public as to the geographical origin or the identity of
the goods to which it applies or would involve unfair exploitation of its reputationand renown.
488  A sign containing or consisting of an IGO may also fail to satisfy the
criteria that a trademark must be distinctive because the IGO serves to describe the
origin, nature or quality of goods.489
In some countries, any IGO may benefit from protection against registration as atrademark without having to satisfy the above tests provided that the sign for whichtrademark registration is sought consists exclusively of a protected geographical
indication or of an indication which may serve, in trade, to designate the geographical
origin of goods.
490  Some Members have indicated that such signs are considered to
be inherently non-distinctive.491
In respect of each of the above situations, there are in some countries exceptions for
circumstances where the sign in question has acquired distinctiveness through use 492,
is fanciful493, is inherently capable of distinguishing the applicant's goods 494, or in the
case of foreign geographical names, has been registered in the country of origin and
does not mislead the public as to the origin of the products or services.495  I n som e
countries, a mark which contains as one of its elements an IGO may nevertheless be
                                                     
488 Australia (Q46); Bulgaria (Add.Q4);  Cuba (Q44);  Czech Republic (Add.Q4);  Estonia (Q44);
European Communities (Q44);  Finland (Q44-46);  France (Q44,46);  Germany (Q44-46);  Greece (Add.Q4);
Hong Kong, China (Q4,6);  Hungary (Add.Q4);  Japan, in respect of wines and spirits (Q1);  Korea (Q1);
Liechtenstein (Q44);  Lithuania (Q4,44);  Morocco, under Article 135(c) of Law 17/97 on the Protection ofIndustrial Property (Q44,45,46);  Mexico (Replies 6 and 49);  New Zealand (Q46);  Norway (Q1);  Peru (Q2,7);Poland (Q44);  Romania (Add.Q4);  Slovak Republic (Q7);  Spain (Q44);  Switzerland (Q44);  United Kingdom(Add.Q4);  United States (Q1 unless the mark was registered or required distinctiveness or was in lawful useprior to 8 December 1993);  Venezuela (Add.Q4).
489 Australia (Q46);  Korea (Q1); Morocco, under Article 134(b) of Law 17/97 on the Protection of
Industrial Property (Q44);
490 Cuba (Q44);  Czech Republic (Q44);  Denmark (Q44);  Estonia (Q44);  European Communities
(Q44,46);  France (Q46); Germany (Q7);  Iceland (Q44);  Korea (Q1);  Netherlands (Q44-46);  Peru (Q2,7);
Spain (Q7,44);  Turkey (Q44/45/46);  Uruguay: "[d]omestic legislation does not allow the registration ofappellations of origin as trademarks.  However, indicati ons of source may be registered as trademarks provided
that their use is not liable to create confusion regardi ng the origin, source, qualities or characteristics of the
goods or services for which the trademark is used" (Q44,46).
491 France (Q46); Switzerland (Q44).
492 Denmark (Q44);  Germany (Q7);  Iceland (Q44).
493 Switzerland (Q21).
494 Australia (Q46).
495 Liechtenstein (Q27);  Switzerland (Q27,44).IP/C/W/253/Rev.1
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registerable if the use of the mark is limited to goods originating in the area
designated by the IGO496 or the applicant resides in that area.497
It would appear that if a trademark was registered inconsistently with the aboveprovisions or has ceased to be consistent with them, its registration may be
susceptible to revocation, invalidation or cancellation.
(b) Many countries have special regimes for certain IGOs which provide protection
against the registration as trademarks of signs which consist of or comprise the IGOs
in question without the need to consider the sorts of tests referred to in
subparagraph (a) above.
498  In some countries, the coverage of IGOs which benefit
corresponds to that of the special means for the protection of IGOs applicable in those
countries and the IGO in question must have the status of a recognized IGO  in that
country.499  For others, it would seem that this protection is available in respect of
IGOs for the products concerned without such a status having to be established.500
Some Members have indicated that they are planning to introduce such provisions inrespect of wines and spirits.
501  In some cases this protection appears to apply both to
products coming from the area designated by the IGO and those not so coming502,
while in others it is limited to products which do not come from the geographical areadesignated by the IGO.
503
It has also been pointed out that, where trademark registration will be refused forsigns which reproduce, imitate or contain an "appellation of origin" that is protected
with respect to the same products, this may also be the case where use of such a
trademark could lead to confusion or mistaken association with the "appellation oforigin" or involve unfair exploitation of its renown.
504
                                                     
496 Australia (Q46);  Denmark (Q44).  Hong Kong, China:  "Some applicants from other countries have
made applications to Hong Kong, China for ordinary trademarks which incorporate 'geographical indications'.
[…]  The Registrar of Trademarks does not reject such marks, provided there is a distinctive element in themark.  In these cases, the Registrar requires that part of the mark which is a 'geographical indication' to be
disclaimed and may also impose a condition of origin (so as to avoid deception).  For example, "Courvoisier LeCognac de Napoleon" should be used only on Cognac brandy produced in France;  and "Champagne deVenoge" shall be used only on champagne produced in Epernay, France.
497 Denmark (Q44);  Iceland (Q44).
498 Australia (Q46);  Bulgaria (Q46); Canada (Q46); European Communities (Q44);  Hungary (Q7);
Japan (Q1); Korea (Q7,Add.Q4);  Norway, in respect  of wines and spirits (Q1);  Peru (Q7);  Poland
(Q7,Add.Q4);  Romania (Add.Q4);  Slovak Republic (Q7); Sweden (Q44);  Switzerland (Q27);  United States(Q1) (if first used by the trademark applicant on or after 1 January 1996); Ur uguay, in respect of appellations of
origin (Q44). The Czech Republic indicated in its comments on JOB(00)/5619, the preliminary version of the
summary paper that, following the adoption of new legislation, i.e. Act 116/2000, it now has such provisions inrespect of wines and spirits.
499 Canada (Q46);  European Communities (Q44);  Finland (Q44-46);  France (Q46);  Hungary (Q7);
Japan (Q1,46);  New Zealand (Q46);  Peru (Q2,7);  Venezuela (Add.Q4).  New Zealand clarified in itscomments on JOB(00)/5619, the preliminary version of the present summary paper, that this special protection
is in addition to the protection af forded to the general protection referred to in paragraph 140(a) above.
500 The European Communities, in respect of wines and spirits, under the Community Trademark
Regulation (Q44);  France (Q46);  Lithuania, in respect of wines and spirits (Q4,44, Add.Q1);  United States(Q1).
501 Netherlands, in respect of the Benelux Trademark Law (Q44-46).  The Czech Republic has
indicated in its comments on JOB(00)/5619, the preliminary version of the present summary paper, that this
protection has meanwhile been introduced.
502 Canada (Q46);  France (Q46);  New Zealand (Q46).
503 Japan (Q1);  Norway  (Q1);  Slovak Republic (Q7);  United States (Q1).
504 Peru (Q2,7).IP/C/W/253/Rev.1
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141. On the whole, Members have not indicated definitions of IGOs that are used under their
trademark laws for the purpose of their protection against registration as trademarks.  However, a few
definitions used for this purpose have been provided or referred to.505
142. On the whole, no information has been provided on procedures that have to be met for an
IGO to be eligible for this sort of protection.  However, one Member has indicated that its industrialproperty office designates national IGOs for wines a nds spirits that will benefit from this protection.
This Member has stated that such designation is to be awarded to manufacturers of wines or spirits
that have filed applications and that no procedures  exist for filing an opposition to such a designation.
While IGOs of other WTO Members are not so designated, they are also eligible for the same
protection. This protection is also accorded by this Member to "appellations of origin" for wines and
spirits that are registered under the Lisbon Agreement, it being noteworthy that the Member in
question is not party to the Lisbon Agreement.
506
143. In regard to the question of the extent to which "indirect" IGOs might benefit from protection
against registration as trademarks, relatively little explicit information has been provided.  However,
one Member has indicated that a term that does not identify a geographic place is unlikely to be
considered a "geographical indication" for the purposes of refusal to register.507  Another has stated
that the provisions of the trademark law in this  respect apply to both "direct" and "indirect"
geographical indications.508  Some other Members have indicated that this form of protection can
apply against the registration as trademarks of signs which "evoke" recognized IGOs.509
144. In the information that has been given, the foll owing procedures for preventing registration of
IGOs as trademarks have been referred to:
- ex officio action by the intellectual property office to refuse the registration510;
- opposition procedures following publication of the application by the intellectual
property office511;
- post-registration procedures to have the registration invalidated, cancelled, removed
or amended.512
145. The information provided indicates that, in general, opposition to trademark registrations is
administrative (i.e. before the intellectual property office) whereas the cancellation of a registered
trademark is generally initiated before a court, although in some countries administrative action may
                                                     
505 Australia:  definition of "geographical indication" in its Trade Marks Act 1995 (Q8); Japan:
definition of "origin" in the Trademark Examination Guidelines (Q8);  Lithuania, definition of "geographical
indication" in its Law on Trademarks (Q4,44);  United Kingdom, detailed guidance is provided in the TradeMarks Registry Work Manual for trademark examiners on the acceptability of geographical indications forregistration as trademarks (Q8,10);  United States:  definition used in the Trademark Manual of ExaminingProcedure (Q8).
506 Japan (Q1):  "unless those international registrati ons have been […] hampered due to any inevitable
reasons."
507 United States (Q8).
508 Germany (Q7).
509 The European Communities, in respect of agricultural products and foodstuffs other than wines and
spirits (Q7);  Hungary (Q7).
510 Australia (Q19,46);  Denmark (Q47,48);  Hong Kong, China:  unless there is a distinctive element in
the mark (Q6);  Iceland (Q48);  Japan (Q1);  Korea (Q46);  United Kingdom (Q44).
511 Australia (Q46,49);  Hong Kong, China (Q6);  United States (Q25).
512 Australia (Q46);  Cuba (Q46);  European Communities (Q44);  Finland (Q44-46);  Germany (Q7);
Hong Kong, China (Q6);  Korea (Q46);  Lithuania (Q47);  United States (Q25).IP/C/W/253/Rev.1
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also be possible.513  It has been indicated that decisions of the intellectual property office can be
appealed to a court.514
146. Although not all Members that have provided information have explicitly addressed this
point, it would seem that, in general, protection against registration as a trademark of the sort
described in paragraph 140(a) is available to foreign IGOs on the same basis as to national IGOs andwithout any specific requirement that the IGO be protected as a geographical indication in the country
of origin.
515  In regard to the product-specific protection of the sort described in paragraph 140(b)
above, it will be noted that in some countries an IGO must have been duly recognized as a protected
IGO to be eligible for such protection.  One Member has indicated that non-use of an IGO for the
designated goods in the country of origin can constitute a defence in a proceeding opposing
registration of a trademark on the ground that it contains or consists of a geographical indication.516
B. POSSIBLE CONFLICTS
147. Not all Members have provided informa tion about how possible conflicts between
simultaneous applications for a trademark registrati on and recognition of an IGO or between a prior
trademark right and an application for recognition of an IGO are handled.  Some have done so in
general terms, for example referring to the priority of the rights in conflict517 or the better and/or prior
right.518
(a) Simultaneous applications
148. The provisions referred to in sub-section A above would appear to apply generally to
applications for the registration as trademarks of signs which consist of or comprise IGOs which are
already protected in the country in question.  Some information has been provided about the way in
which conflicting applications for trademarks and IGOs are handled.  Under one system, anytrademark application of this sort which is submitted after the date of publication of the IGO for
possible objections to its recognition shall be refused and, if the trademark was registered after that
date of publication, it will be invalidated.
519  Another Member has indicated that the priority date of
the applications is used.520
(b) Prior trademark rights
149. In some Members, it would seem that applications for recognition of an IGO which conflicts
with a pre-existing trademark will be refused on that ground.521 One Member has indicated that this
                                                     
513 Iceland (Q47);  Lithuania (Q46);  Norway (Q47-51);  United States: opposition and cancellation are
administrative under the USPTO;  cancellation may also be initiated before a judiciary body (Q25).
514 Australia (Q49);  Cuba (Q49);  Lithuania (Q47).
515 This is explicitly confirmed by Germany (Q7);  the United States (Q15,16).
516 Australia (Q16).
517 Germany (Q44-46).
518 Peru (Q44/45/46); Slovenia has referred to the conflict between the prior right to an IGO and an
application for the registration of a sign as mark, in which case the latter shall not be eligible for registrationunless the owner of the earlier right gives his express consent to the registration of the sign (Article 44(1)(f) ofthe Industrial Property Act) (Q46).
519 European Communities in respect of agricultural products and foodstuffs other than wines and
spirits (Q44);  see also Belgium (Q44).
520 Estonia (Q44-45);  Hungary (Q44-45).  While these dates are used, which prevails depends on
substantive rules, which are indicated in the subsequent paragraphs of the note.
521 Australia, unless the trademark owner gives permission (Q45);  Poland, unless he surrenders his
right".  However, such surrender "shall not be required, where in the application of the geographical indication
for registration, filed in agreement with the holder of the trademark registration, the latter is mentioned amongthe parties authorised to use that indication and the maintenance of his right is not supposed to entail excessiverestrictions on freedom to use the geographical indication by other authorised parties" (Q44);  In Romania, anIP/C/W/253/Rev.1
Page 72
rule applies where the IGO  for which recognition is sought is identical to an earlier trademark and is
to be used with respect to identical goods.522 Another has indicated that the extent to which the
trademark is well-known in the country will be taken into account in assessing the scope of the
conflict.523
150. However, it would seem that in some Members an IGO can be recognized where it conflicts
with a pre-existing trademark.  The following ways  of handling such conflicts have been indicated:
- The degree to which the trademark is long standing .524
- Liability to mislead the consumer .  Under this criterion, an IGO is not recognized
where, in the light of a trademark's reputation, renown and the length of time it has
been used, registration is liable to mislead the consumer as to the true identity of the
product.525
- Reputation, and use that would be detrimental to or take unfair advantage of the
distinctive character of the trademark .  One Member has indicated that recognition of
an IGO will be refused, with respect to dissimilar goods, where an earlier trademark
has a reputation in the country where the use of the later sign would take unfair
advantage of, or be detrimental to, the distinctive character or the repute of the earlier
trademark.526
- Coexistence .  Some Members have indicated that, in some circumstances, recognition
of an IGO can coexist with continued use of a pre-existing trademark, or at least the
information contained in it.  In some cases, prior registration, application or use of the
trademark in good faith is a condition527 and, in others, eligibility to use the IGO is a
condition.528
- Procedures for the resolution of conflicts regarding prior trademark rights .  As
indicated in Section IV above, some recognition procedures provide for an opposition
procedure, whereby a party with a conflicting prior trademark 529 or prior industrial
                                                                                                                                                                    
application for registration of an IGO which is opposed on the grounds that it conflicts with a previously
protected industrial property ri ght will be refused if the opposition is found justified (Q43).
522 Hungary (Q44-45).
523 Australia (Q45).
524 France (Q44) and Spain (Q44):  under the European Community wine regulations, the right to a
brand name for a wine which contains the name of a specified region is preserved if that brand namecorresponds to the identity of its original holder and if  it was registered at least 25 years before the official
recognition of the geographical indication and has actually been used since then without interruption.
525 European Communities, in respect of agricultural products and foodstuffs (Q44);  Switzerland
(Q44);  Hungary, where identical or similar signs and identical or similar g oods are involved (Q44-45);
Slovenia, under Article 56(d) of the Industrial Property Act (Q46);  Turkey (Q44/45/46).
526 Hungary (Q44-45).
527 In the European Communities, in respect of agricultural products and foodstuffs other than wines
and spirits, use of a trademark registered in good faith before the date on which application for registration of an
IGO is lodged may continue notwithstanding the registration of the IGO, where no grounds for invalidity or
revocation associated with the risk of the consumer being deceived exist (Q44);  in New Zealand, the use oftrademarks registered or applied for before the IGO in question became recognized in respect of the same goodsis grand-fathered, provided the trademark was registered, applied for or used in good faith before the date ofrecognition of the IGO (Q46); Slovenia (Q44);  in Turkey, only if the trademark was registered or rights in itsuse were acquired before the IGO became protected in its country of origin or before the date of the Turkish
Decree Law containing this provision (Q44-46).
528 In Switzerland, for agricultural products, the holder of a pre-existing mark may continue to use it
provided the holder meets the criteria for the use of the IGO (Q44).
529 Netherlands – referring to an EC regulation (Q43,44-46);  Switzerland (Q44).IP/C/W/253/Rev.1
Page 73
property right530 can object to the proposed registration of an IGO.  Another Member
has referred to a cancellation procedure after recognition of an IGO, if it conflicts
with an earlier trademark, other industrial property right or copyright. 531
                                                     
530 Romania (Q43,44/45/46).
531 Hungary (Q44-46).IP/C/W/253/Rev.1
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ANNEX A
EXAMPLES OF IGOS PROVIDED BY MEMBERS
IN RESPONSE TO QUESTION 6 OF DOCUMENT IP/C/13
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
AUSTRALIA
Wines "Adelaide Hills", "Langhorne Creek",
"Mc Laren Vale", "Great Southern",
"Orange", "Hilltops"C. Register of Protected Names, in
accordance with the AWBC Act
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services
BULGARIA
Wines "Traminer from Khan Kroum", "Merlou
from Sakar"C. Law on Trademarks and Industrial
Designs
Spirits
Other Foodstuffs and AgriculturalProducts"Bulgarian yoghurt" C. Law on Trademarks and Industrial
Designs
Other Products and Services
CANADA
Wines "Fraser Valley", "Okanagan Valley",
"Similkameen Valley", "VancouverIsland"C. Protected list of geographical
indications, according to the Trade-marks Act
Spirits "Canadian Rye Whisky", "Canadian
Whisky"C. Protected list of geographical
indications, according to the Trade-
marks Act
Other Foodstuffs and Agricultural
Products
Other Products and Services
CUBA
Wines
Spirits
Other Foodstuffs and AgriculturalProducts18 appellations of origin relating to
tobacco and 1 relating to mineral waterC.  Profection granted before the
application of Decree-law N.228 on
geographical indications.  SpecialProvisions 3 and 4 of those regulationsmaintain the protection afforded to the
appellation of origin already registered.
Other Products and Services 1 appellation of origin relating to
peloids (medicinal muds)
CZECH REPUBLIC
Wines "Pálavské bílé", "Pavlovické ohnivé",
"Slovácký rubín"C. Register of appellations of origin of
products, according to the Law No.
159/1973
Spirits "Prostějovická starorežná", "Slovácká
borovička", "Karlovarská ho řká",
"Bohemia sekt rosé"C. Register of appellations of origin of
products, according to the Law No.
159/1973
Other Foodstuffs and Agricultural
Products"Plzeňské pivo" (Pilsen Beer),
"Budějovické pivo" (Budweis Beer),
"Žatecký chmel český" (Saaz Hops),
"Tršický chmel moravský", "Úštecký
chmel – český" (Auscha Hops),
"Třeboňský kapr"C. Register of appellations of origin of
products, according to the Law No.159/1973
Other Products and Services "Jablonecká bižutérie" (Jablonec C. Register of appellations of origin ofIP/C/W/253/Rev.1
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Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
Jewellery), " Český křišťál" (Bohemia
Crystal), "Vamberská krajka" (Lace of
Vamberk).products, according to the Law No.
159/1973
ECUADOR
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services
ESTONIA
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services
EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES
Wines "Champagne", "Sherry", "Porto",
"Chianti", "Samos", "Rheinhessen","Moselle luxembourgeoise",
"Mittelburgenland"C. As a first step, recognised
geographical indications at the level ofa Member State;  subsequently
recognised at a Community level,
according to the Regulations (EEC)No. 823/87 and 2392/89
Spirits "Cognac", "Brandy de Jerez", "Grappa
di Barolo", "Berliner Kümmel",
"Genièvre Flandres Artois", "ScotchWhisky", "Irish Whiskey", "Tsikoudiafrom Crete"C. Regulation (EEC) No. 1576/89
Other Foodstuffs and Agricultural
Products"Scottish beef", "Cabrales",
"Roquefort", "Gorgonzola", "Azeite deMoura", "Olive de Kalamata",
"Opperdoezer Ronde", "Wachauer
Marille", "Danablu", "LübeckerMarzipan", "Svecia", "Queijo do Pico","Coquille Saint-Jacques des Côtes-
d’Armor", "Jamón de Huelva",
"Lammefjordsgulerod"C. Regulation (EEC) No. 2081/92
(simplified and normal procedures)
Other Products and Services
AUSTRIA
Wines Quality wines: "Wachau", "kamptal",
"Neusiedler See", "Weststeiermark"C. Austrian Wine Law 1985
Spirits
Other Foodstuffs and Agricultural
Products"Wachauer Marille", "Steirisches
Kürbiskernöl", "Tiroler Graukäse","Gailtaler Almkäse", "VorarlbergerBergkäse"C. Regulation (EC) No. 2081/92
Other Products and Services
BELGIUM
Wines
Spirits "Hasseltse jenever" (juniper-flavoured
spirit drink)C. Regulation (EC) No. 1576/89
Other Foodstuffs and Agricultural
ProductsPDOs: "Fromage de Herve", "Beurre
d'Ardenne"
PGI: "Jambon d'Ardenne"C. Royal and Ministerial Decrees
Other Products and ServicesIP/C/W/253/Rev.1
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Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
DENMARK
Wines
Spirits
Other Foodstuffs and Agricultural
ProductsDanish tomatoes A. Danish Competition Law (provision
of prohibition against misleadingadvertising)
Other Products and Services
FINLAND
Wines
Spirits
Other Foodstuffs and AgriculturalProducts"Lapin puikula-peruna" (name of a
potato brand originating from theLapland region)C. Regulation (EC) No. 2081/92
Other Products and Services
FRANCE
"Chateauneuf du Pape" C. Decree of 2 November 1966
(Appellation d'Origine contrôlée –
AOC)Wines
"Southern French wines" C. Decree of 15 October 1987
Spirits "Cognac" C. Decree of 15 May 1935 (AOC)
Other Foodstuffs and Agricultural
Products"Beaufort" (AOC), "Tomme de
Savoie" (IGP), "Nyons olive oil" and"Nyons black olives" (AOC), "Landesyellow chicken" (IGP), "Lautrec pink
garlic" (IGP)C. Decrees and Orders
Other Products and Services "Tahiti Monoi" (AOC) C. Decree of 1 April 1992
GERMANY
Wines
"Korn", "Kornbrand" C. Regulation (EC) No. 1576/89
"Steinhäger", "Schwarzwälder
Kirschwasser"C. German definitions of spirits drinks
(written summary of the generallyaccepted view on the composition andlabelling of the individual categories ofspirit drinks, which the German spirit
drinks industry has elaborated in
agreement with business circles andconsumers)Spirits
"Pfälzer Weinbrand" A. Act on Foodstuffs and Commodities
Other Foodstuffs and Agricultural
Products
Other Products and Services
GREECE
Wines "Nemea", "Mandenea", "Peza",
"Archanes", "Samos", "Mavrodafni
from Patras", "Retsina from Attiki",
"local wine from Macedonia","Santorini", "Zitsa"C. Registered according to Regulations
(EEC) No. 2247/73 and 2392/89
Spirits "Tsikoudia from Creta", "Tsipouro
from Macedonia", "Brandy fromAttiki", "Brandy from Peloponnesos"C. Regulation (EEC) No. 1576/89
Other Foodstuffs and Agricultural
ProductsCheeses:  "Katiki Domokou",
"Manouri", "Kefalograviera",
"Graviera Naxou";Olive oils:  "Thasos", "Lakonia",
"Preveza", "Kranidi Argolidas",C. Regulation (EC) No. 2081/92IP/C/W/253/Rev.1
Page 77
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
"Chania from Creta";
Table olives:  "Kalamatas",
"Conservilia Amfissas", "ThroubaThasou";Fruits and vegetables:  "kiwi fruit from
Sperchios", "apples from Zagora of
Pelion", "dried figs from Kymi",
"eggplant Tsakoniki from Lonidion","pistachios from Aegina", "orangefrom Maleme of Chanea";
Other:  "honey from Menalon"
Other Products and Services
IRELAND
Wines
Spirits "Irish whiskey", "Irish cream liqueur" C. Regulation (EEC) No. 1576/89
Other Foodstuffs and Agricultural
Products
Other Products and Services
ITALY
Wines "Molise" (DOC) C. Law 164 of 10 February 1992
Spirits
Other Foodstuffs and Agricultural
Products"Tuscany" (olive oil, DOC) C. Law 169 of 5 February 1992,
concerning the controlled designationsof origin of olive oils
Other Products and Services
LUXEMBOURG
Wines "Marque nationale luxembourgeoise":
"vins mousseux", "vins", "Crémant deLuxembourg"C. Regulations of the Government,
Grand-Ducal Regulation of 13November 1998, under the Regulation
(EEC) No. 823/97
Spirits "Marque nationale luxembourgeoise":
eau-de-vie de pommes, de poires, de
kirsch, de quetsch, de mirabelle, de
prunelles, de marc, de seigleC. Regulations of the Government,
under the Regulation (EEC) No.
1576/89
Other Foodstuffs and Agricultural
Products"Marque nationale grand-duché de
Luxembourg": "viande de porc",
"salaisons fumées", "miel
luxembourgeois", "beurre rose"C. Regulations of the Government
Other Products and Services
NETHERLANDS
Wines
Spirits
Other Foodstuffs and Agricultural
Products"Made in Holland" A/B. Dutch Advertising Code, Benelux
Trademark Law
C.  Agriculture quality regulations and
regulations adopted under theIndustrial Organisation Act
Other Products and Services
PORTUGAL
Wines "Vinho Regional Alentejo" C. Decree-Law 429/86 of 29 D ecember
Spirits
Other Foodstuffs and Agricultural
Products"Cabrito da Gralheira", "Citrinos do
Algarve", "Azeites do NorteAlentejano"C. Regulation (EC) No. 2081/92
Other Products and Services
SPAIN
IP/C/W/253/Rev.1
Page 78
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
"Quality wines produced in a specified
region":  "Jerez-Xeres-Sherry",
"Manzanilla Sanlucar de Barremeda",
"Malaga", "Montilla-Moriles", "Rioja","Ribera del Duero"C. First approval by the corresponding
Autonomous Community, then
ratification by the Spanish State;
recognition at Community level underRegulation (EEC) No. 823/87, andprotection under Regulations (EEC)
No. 823/87 and 2392/89Wines
Vinos de la tierra:  "Medina del
Campo", "Ribera del Arlanza",
"Manchuela", "Cebreros"C. Approval by the corresponding
Autonomous Community, based onRegulations (EEC) No. 822/87 and
2392/89
Spirits "Brandy de Jerez", "Pacahran
Navarro", "Orujo de Galicia","Chinchon", "Palo de Mallorca"C. Regulation (EEC) No. 1576/89
Other Foodstuffs and Agricultural
Products"Manchego" (cheese), "Baena",
"Guijuelo", "Alcarria" (honey),"Navarre" (asparagus), "Huelva"
(ham), "Gallega veal", "Almagro"
(aubergine)C. Simplified and normal procedure
under Regulation (EC) No. 2081/92
Other Products and Services
SWEDEN
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services
UNITED KINGDOM
Wines "Champagne" A. Common law tort of passing off
Spirits "Scotch Whisky" A. Common law tort of passing off
"Swiss chocolate" A. Common law tort of passing off
"Stilton" (cheese) B. Trade Marks Act 1994
(certification/collective marks)Other Foodstuffs and AgriculturalProducts
"Protected designations of origin":
"Beacon Fell traditional Lancashire
cheese", "Bonchester cheese", "Buxtonblue", "Dovedale cheese", "SingleGloucester", "Swaledale
cheese"/"Swaledale ewes' cheese",
"White Stilton cheese"/"Blue Stiltoncheese", "West Country FarmhouseCheddar cheese", "Orkney beef",
"Orkney lamb", "Shetland lamb",
"Jersey Royal potatoes", "Cornishclotted cream";"Protected geographical indications":
"Newcastle brown ale", "Kentish ale"and "Kentish strong ale", "Rutlandbitter", "gloucestershire cider/perry","Herefordshire cider/perry",
"Worcestershire cider/perry",
"Teviotdale cheese", "Whitstableoysters", "Scotch beef", "Scotch lamb"C. Regulation (EC) No. 2081/92
Other Products and Services "Shetland" (wool) B. Trade Marks Act 1994
(certification/collective marks)
HONG KONG, CHINA
Wines
Spirits"Champagne"
"Cognac"B.  Trade Marks Ordinance (Cap. 43)
(an IGO can be part of a trademark, but
has to be disclaimed and/or registrationof the trademark will be subject to thecondition that the products on which it
is used originate in the area of the IGO)IP/C/W/253/Rev.1
Page 79
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
Other Foodstuffs and Agricultural
Products
Other Products and Services
HUNGARY
Wines "Eger" (wine) C. Pending application under the Act
on the Protection of Trademarks and
Geographical Indications
Spirits
Other Foodstuffs and AgriculturalProducts"Szatmar" (plum) C. Pending application under the Act
on the Protection of Trademarks andGeographical Indications
Other Products and Services
ICELAND
Wines
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services
JAPAN
Wines
Spirits "IKI", "KUMA", "RYUKYU" B/C. Trademark Law, Law concerning
Liquor Business Association andMeasures for Securing Revenue fromLiquor Tax (and Cabinet Orderimplementing that law), and Standard
for indication relevant to geographical
indication
Other Foodstuffs and Agricultural
Products
Other Products and Services
KOREA
Wines
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services
LIECHTENSTEIN
Wines
Spirits
Other Foodstuffs and AgriculturalProducts"Malbuner" (meat products) C. Trademark Act 1996 (Law
Regarding the Protection ofTrademarks and Geographical
Indications)
Other Products and Services "Balzers" (high technology enterprise) C. Trademark Act 1996 (Law
Regarding the Protection of
Trademarks and Geographical
Indications)
LITHUANIA
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services
MEXICO
Wines
Spirits "Tequila", "Mezcal" C. Declarations of Protection issued byIP/C/W/253/Rev.1
Page 80
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
the Mexican Industrial Property
Institute (IMPI) in accordance with the
Industrial Property Act 1991
Other Foodstuffs and Agricultural
Products
Other Products and Services "Olinala", "Talavera" (handicrafts) C. Declarations of Protection issued by
the Mexican Industrial PropertyInstitute (IMPI) in accordance with theIndustrial Property Act 1991
MOROCCO
Wines "Les coteaux de l'Atlas" A/C.  Registered "appellation of
origin" by Order n.1957-98 of 8
October by the Ministry of Agriculture,Rural Development and Sea Fisheries.This appellation is protected
specifically by Law 17-97 on the
protection of Industrial Property andLaw 13-83 concerning the Repressionof Merchandise Fraud.
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services
NEW ZEALAND
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and Services"New Zealand" (being the North
Island, South Island, Chatham Islands);every region of New ZealandC. Geographical Indications Act 1994
NORWAY
Wines
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services No good such examples from case law.
("Hardanger" might be a protectedname.)B. The word "Harding" is registered as a
trademark for lifeboats in plastic,whereas a minority of the Appeal Boardof the Patent Office would refuse
registration, inter alia,  because the word
by some would be understood as areference to the region of "Hardanger"
PERU
Wines
Spirits "Pisco" (grape brandy) A/C. Unfair Competition Act,
Industrial Property Act, Decision 486of the Commission of the CartagenaAgreement (Andean Community)
Other Foodstuffs and AgriculturalProducts
Other Products and Services
POLAND
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and ServicesIP/C/W/253/Rev.1
Page 81
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
ROMANIA
Wines "Cotnari", "Murfatlar" C. Registration under the Law on
Trademarks and GeographicalIndications 1998
Spirits "Panciu", "Murfatlar" C. Registration under the Law on
Trademarks and GeographicalIndications 1998
Other Foodstuffs and AgriculturalProducts"Dobrogea" (dairy products) C. Registration under the Law on
Trademarks and GeographicalIndications 1998
Other Products and Services
SLOVAK REPUBLIC532
Wines Grinavské;  Limbašské červené;
Sobranecká sl ňava;  Modranské;
Levická frankovka;  Svätopeterskýrizling; Karpatská perlaC. Registration under the Law on the
Protection of Appellations of Origin1973
Spirits Trenčianská borovi čka "JUNIPERUS";
Bošácka slivovica
Other Foodstuffs and Agricultural
Products"Korytnická minerálna voda" (mineral
water);  "Liptovská bryndza" (spread
cheese);  "Slovenský oštiepok"(cheese);  "Urpín" (beer);  "Gemer"(beer);  "Martinský zdroj" (beer)C. Registration under the Law on the
Protection of Appellations of Origin
1973
Other Products and Services "Modranská majolika" (hand-painted
pottery), "Pieš ťanské bahno" (healing
mud)C. Registration under the Law on the
Protection of Appellations of Origin1973
SLOVENIA
Wines
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services
SWITZERLAND
Wines Communal appellations: "Féchy",
"Auvernier", "Malans";
Cantonal appellations: "Fendant du
Valais", "Perlan de Genève";Descriptions (indications of source):"Chasselas romand", "Ostschweitzer
Riesling and Sylvaner"C. Decree on Viticulture, and
Ordinance on Wine (entry into force 1
January 1999)
Spirits "Abricotine du Valais" C. Pending application for registration
under the Ordinance on PAOs and
PGIs of 28 May 1997
"Gruyère" (cheese),
"viande des Grisons" (dried meat)C. Pending applications for registration
under the Ordinance on PAOs and
PGIs of 28 May 1997Other Foodstuffs and Agricultural
Products
“Swiss” for chocolate;
all the names of agricultural products
for which no registration applicationhas been made and acceptedC. Law on the Protection of
Trademarks and Indications of Source
(LPM) 1992
Other Products and Services indirect indications of source, such as
"Mont Cervin"("Matterhorn")C. Law on the Protection of
Trademarks and Indications of Source(LPM) 1992
                                                     
532 Additional examples to those reflected in JOB(00)/5619,  the preliminary version of the present summary paper,
were provided by the Slovak Republic in its comments to that preliminary version.IP/C/W/253/Rev.1
Page 82
Member Examples Means of Protection
A. Laws on Business Practices
B. Trademark Law
C. Special Protection
"Swiss made" or "Geneva" for watches C. Ordinance on the Use of the
Designation "Swiss" for Watches of 23
December 1971, under the Law on the
Protection of Trademarks andIndications of Source (LPM) 1992
TURKEY
Wines
Spirits "TÜRK RAKISI" C. Decree-Law No. 555 on
Geographical Signs Protection in
Turkey
Other Foodstuffs and Agricultural
Products
Other Products and Services Hand-made carpets: "HEREKE silk",
"HEREKE silk-wool", "HEREKEwool", "SIMAV", "BUNYAN",
"SIVAS", "TA ŞPINAR", "KARS",
"TÜRKMEN", "PAZIRIK","YUNTDA ĞI", "SÜMER KARS",
"KULA", "BERGAMA", " MILAS",
"DÖŞEME ALTI", "YA ĞCIBEDIR",
"YAHYALI", "ÇANAKKALE","GÖRDES", "INCE ISPARTA(HASGÜL)";
Kilims: "J İRKAN K İLİMİ", "EŞME-
YÖRÜK K İLİMİ", "SÜPER İNCE
KİLİM"C. Decree-Law No. 555 on
Geographical Signs Protection inTurkey
UNITED STATES
Certification mark: "NAPA VALLEYRESERVE" and Design (still wines
and sparkling wines)B. Trademark Act 1946
Wines
Recognized viticulture area: "OHIO
RIVER VALLEY"C. Federal Alcohol Administration
Act, Bureau of Alcohol, Tob acco, and
Firearms (ATF) regulations (27 C.F.R.
§9.78)
Spirits
Other Foodstuffs and AgriculturalProductsCertification marks: "IDAHO"
(potatoes and onions), "REALCALIFORNIA CHEESE" and Design,"PRIDE OF NEW YORK" and Design
(agricultural products which are
product or processed in New York)B. Trademark Act 1946
Other Products and Services
URUGUAY
Wines
Spirits
Other Foodstuffs and Agricultural
Products
Other Products and Services
VENEZUELA
Wines
Spirits
Other Foodstuffs and AgriculturalProducts
Other Products and ServicesIP/C/W/253/Rev.1
Page 83
ANNEX B
SPECIAL DEFINITIONS OF IGOS
Denominación de origen
A denominación de origen is a geographical name of a region, district, place or locality used
to designate a product from that area having distinctive qualities and characteristics due mainly to the
natural environment and to its preparation and cultivation;  it is considered to be used to designate a
product originating in that area if it is permanently in wide circulation and well-known on the
domestic market or has at least achieved a considerable reputation on a regional scale or a developed
market abroad.533
Agricultural and Food Product Labels and Certificates534
The use of a label can be authorized for a foodstuff or agricultural product which has a
distinct set of properties and specific, pre-defined characteristics which result, by virtue of the specific
conditions of production (e.g. due to the origin of raw material or the place of production), in aproduct with of a higher quality that distinguishes the product from other products on the market of
the same kind.
Certification is provided for in case an agricultural product or foodstuff conforms to specific
characteristics or pre-defined rules with respect to its production, processing, or preparation forconsumer purposes.
Denominación Específica
535
The term denominación específica  is a description applicable to an agricultural product or
foodstuff other than wine, which has distinctive qualities among products of the same kind due to its
raw material base, environment or methods of production.536
Quality Wines Produced in Specified Regions537
"Specified region" is defined as a wine-growi ng area or combination of wine-growing areas
which produces wine possessing special quality characteristics and whose name is used to designatethem.
                                                     
533 Spain, in respect of wines, spirits and other agricultural products and foodstuffs (Q8).  A similar
definition applies in France (see footnote 33 above) for the protection of IGOs for any agricultural product or
foodstuff, raw or processed, by an appellation d'origine contrôlée  (together with product and production
requirements) (Q1 – the reference to Articles L 115-1 to 26 of the Consumer Code, in particular Article L 115-5).
534 France.  These agricultural labels and certificates cannot be used for products benefiting from an
appellation of origin, nor for quality wines produced in a specified region or vins de pays (Q8 – the reference to
Article L 115-26 of the Consumer Code).
535 Spain (Q8).
536 The definition is contained in Article 3 of Royal Decree 1573/1985, of Spain regulating generic and
specific names of food products (Q8).
537 EC (Q1,8,10);  Greece (Q1,8);  and Spain (Q8,10).  Each member State follows its own criteria in
the application of this definition, but must take into account at least the following:  demarcation of the area ofproduction;  vine varieties;  cultivation methods;  wine-making methods;  minimum alcoholic strength byvolume;  yield per hectare;  and analysis and assessment of organoleptic characteristics.IP/C/W/253/Rev.1
Page 84
Table Wines
Table wine designated with a geographical unit is defined as a small locality or group of such
localities, a local administrative area or part thereof, a wine-group sub-region or part thereof or a
region other than a specified region and meeting certain product/production requirements.538
The use of a geographical ascription for designating table wine may be made conditional, in
particular, on the wine having been produced wholly from certain clearly specified wine varieties and
coming exclusively from the territory, precisely demarcated, whose name it bears.539
Viticultural Areas and Appellations of Origin (for Wines)540
Viticultural areas and appellations of origin are defined in terms of both geographic
boundaries and the percentage of wine derived from fruit or agricultural products grown within those
boundaries.
Appellation d'Origine (for Wines )541
This term identifies grapes, musts or wines of recognized quality from a geographically
defined area such as a canton, cantonal region, commune, locality, château  or domaine  which meet
certain defined product/production requirements.  Wines with an appellation d'origine may only come
from grapes harvested in the geographical area concerned which fulfil the conditions specified forcategory 1 (natural minimum sugar content by batch and limited production per unit area).
542
                                                     
538 EC (Q8):  "particularly as regards vine  varieties, minimum natural alcoholic strength by volume and
organoleptic characteristics (Article 4(1) and (3) of Council Regulation 2392/89)."
539 EC (Q8).  In this regard France has referred to Article 5 of Decree No. 68-807, under which wines
can only be sold as Vin de pays, followed by the name of a département , if they have been produced in that
département and need the product/production requirements defined by Decree;  and only as vin de pays
followed by the name of a specific production zone – which could be département – if they have been produced
in that zone and meet the product/production requirements defined by Decree (Q8).  In Germany the term
Landwein can be used to indicate the origin of the wine co rresponding to a specific geographical unit defined by
Law as an area cultivating Landwein (Q4/5/6,8,Add.Q2).  In Spain the term Vino de la tierra is applicable to
table wines from certain wine-growing areas by whose name it must be accompanied and which meet certaindefined product/production requirements, in particular wi th respect to varieties, alcoholic strength, volatile
acidity and sulphur dioxide (Q8).
540 United States (Add.Q2).  In order to qualify for an appellation of origin, at least 75 per cent of the
wine must be derived from fruit or agricultural products grown in the appellation area which is a politicalsubdivision.  For a viticultural area, 85 per cent of the grapes must come from the named area.  However,refinements of the term "appellation" can vary by State.  For example, in order to use an appellation on a winefrom Oregon, 100 per cent of the grapes used to make the wine must be grown in the named area.  In regard to
the establishment of American viticultural areas, the crite ria required include:  evidence that the name of the
viticultural area is locally and/or nationally known as referring to the area specified;  historical or currentevidence for the boundaries of the area;  evidence relating to the geographical features (climate, soil, elevation,
physical features and the like) which distinguish the area's viticultural features from surrounding areas(Q10,Add.Q2).
541 Switzerland (Q8).
542 Category 1 (per cent Brix):  14.8 per cent (white varieties), 15.8 per cent (red varieties);  category 2
(per cent Brix):  14.4 per cent (white varieties), 15.2 per cent (red varieties).IP/C/W/253/Rev.1
Page 85
Appellation d'Origine Contrôlée (for Wines )543
This term identifies grapes, musts and wines of recognized quality which fulfil the conditions
laid down for an appellation d'origine  and, moreover, meet the additional product/production
requirements established by the canton.544
Appellation d'Origine Contrôlée (A.O.C.) (for Wines)545
This term identifies wines produced, transformed and elaborated within a defined
geographical area under requirements specified by law, such as the use of consistently used wine-
making techniques and methods of cultivation in keeping with local usage.
Indication de Provenance/Herkunftsbezeichnung (for Wines )546
This term identifies grapes, musts and wines from a geographically defined area, i.e. the name
of the region, or part thereof if it extends over mo re than one canton, or a traditional designation that
refers to a geographical area.  Products with an indication de provenance/Herkunftsbezeichnung may
only come from grapes harvested in the geographical area concerned which fulfil the conditions laid
down for category 2 (minimum natural sugar co ntent by batch lower than for category 1).547
Geographical Designations (for Spirits )548
These geographical designations are reserved for spirit drinks in the case of which the
production stage during which they acquired their character and definitive qualities took place in the
geographical area indicated.
Geographical Indication (for Wine or Grape Products )
A word or expression used in the description and presentation of the wine to indicate the
country, region or locality in which the wine originated.549
Geographical Indication (for Specified Goods)550
A description or presentation used to indicate the geographical origin for goods.
"Geographical origin" means any country , region, locality or linear feature.
Indication of Source for Any Good or Service551
Any reference, direct or indirect, to the geographical source of products or services, including
references to property or quality in relation to the source.  Geographical names or signs which are not
                                                     
543 Switzerland:  "an appellation d'origine contrôlée  cannot at the same time be an appellation
d'origine " (Q8).
544 Switzerland (Q8):  "including at least the following:  delimitation of the wine-growing area;
varieties;  methods of cultivation;  minimum natural sugar content;  maximum yield per unit area;  vinification
methods;  analysis and organoleptic examination."
545 Morocco (Q8).
546 Switzerland (Q8).
547 Category 1 (per cent Brix):  14.8 per cent (white varieties), 15.8 per cent (red varieties);  category 2
(per cent Brix):  14.4 per cent (white varieties), 15.2 per cent (red varieties).
548 EC (Q8);  Germany (Add.Q2);  Spain (Q8).
549 Australia – one of alternative definitions (Q8).
550 New Zealand (Q8).  The classes of goods to be covered have yet to be defined (Q1,2,3).
551 Switzerland (Q8);  Liechtenstein (Q8).IP/C/W/253/Rev.1
Page 86
considered by the circles concerned to be a reference to the source of products or services are not
indications of source.
Indication of Source (Goods and Services)
A name, expression, image or sign that indicates or evokes a particular country, region,
locality or place.552
Reserved Descriptions (for Spirits )553
(1) Indications of geographical origin consisting of or containing the name of an actually
existing city, region or state;
(2) indirect traditional indications of geographical origin, the use of which is, by legal
provision, exclusively reserved for products from a specific region, because the
products in question are traditionally produced only in these regions.
Protected Geographical Origin (for Wines)554
A term which may only be used for quality wines, provided that the grapes and wine are
produced in a territory identical with or contained within a single viticulture district.
Recognised Geographical Indication (for Wines)555
A term which applies to land wines made from grapes produced in a particular viticulture
region or an area contained within it.
Recognised Traditional Denomination (for Wines)556
The right to use that term for wines must be supported by a study, prepared beforehand,
which defines the geographical territory and characteristics of wine, and substantiates the use of
traditional denominations. The study is to be prepared by the producers involved and shall be certified
by the Minister of Agriculture.
Geographical Indication (for Agricultural Products and Foodstuffs)557
The term shall be the name of a geographical region, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff, and the production and/or processing and/or market
preparation of which take place in the defined geographical area. The geographical indication may beused for an agricultural product or a foodstuff: - originating in a certain geographical region, and-
which possesses a specific quality, reputation or other characteristics attributable to a certain
geographical region.
                                                     
552 Peru, under Title XII of Decision 486 of the Commission of the Cartagena Agreement
(Q2,3,8,Add.Q2/3).
553 Germany (Q4/5/6, 8, 9 and 10).
554 Slovenia, under Article 4 of the Wine and other Grape and Wine Products Act (Q8).
555 Slovenia, under Article 4 of the Wine and other Grape and Wine Products Act (Q8).
556 Slovenia, under Article 4 of the Wine and other Grape and Wine Products Act (Q8).
557 Slovenia, under Article 46 of the Agriculture Act (Q8).IP/C/W/253/Rev.1
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Designation of Origin (for Agricultural Products and Foodstuffs)558
The term shall be the name of a geographical region, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff originating exclusively in a certain geographical region,
where the raw materials of the products concerned come from the same geographical area.
Indication de Provenance (for Goods and Services)559
An expression or sign used to indicate that a product or service comes from a country or
group of countries, or from a region or specific place.
Appellation d'origine (for Goods and Services)560
The geographical name of a country, region or locality used to designate a product originating
therein whose quality, reputation or other specified characteristics are exclusively or essentially
attributable to the geographical environment, including natural and human factors.
__________
                                                     
558 Slovenia, under the Agriculture Act (Q8).
559 Morocco, under Article 180 of Law No. 17/97 (Q8).
560 Morocco, under Article 181 of Law No. 17/97 (Q8).