A new world for appellations of origin: Lisbon is reborn in Geneva

The diplomatic conference
agreed for the adoption of a new act of the Lisbon Agreement, held in
the headquarters of the World Intellectual Property Organization (WIPO) between May 11 and 21, 2015 has given rise to
la adoption of the Geneva Act, after the agreement reached in this
Swiss city.

The diplomatic conference was preceded by 10 sessions of a group
of work " ”, which began in 2009 and until 2014 have been
discussing and preparing the draft of the text that has given rise to this act and its
regulation.

The adopted minutes have as one of its main objectives to do more
attractive the currently existing Lisbon Agreement regarding protection
of Denominations of Origin and their International Registry-which has
currently only 28 contracting parties – for the accession of new
members.

Some more news
relevant in that regard are the possibility of adhering to the minutes by
intergovernmental organizations and the possibility of international registration
both appellations of origin and geographical indications (until now
the arrangement only contemplated appellations of origin), in a system
which, in addition to the logical respect for TRIPS, is inspired in many aspects by
the regulations of the European Union relating to these figures. It also deserves
In this Geneva Minutes, the development of the articles relating to the
(broad) scope of protection that allows geographical indications and
appellations of origin in the contracting parties, as well as the treatment
of the issue of official rates (something strange to the regulations of the Union
European in this field).

In this regard, we must highlight the interest shown throughout the preparation of the minutes by two governmental organizations, both the representation of the European Union (the OHIM itself has also been present as an “individual observer”) and, to a lesser extent, measure, the OAPI (African Intellectual Property Organization). As the work of the working group during these years gained credibility with the elaboration of detailed texts and aroused the interest of an increasing number of countries, delegations from some of the great world powers (United States, Russian Federation or China) initially absent or with a passive presence and had numerous interventions that greatly enriched the debate by raising very interesting questions and proposals from different legal, economic and cultural perspectives.

Like the currently existing Lisbon Agreement, it does not limit its
registration to certain products, but they can be registered
appellations of origin and geographical indications for any type of product
(agricultural or non-agricultural) as long as they meet the requirements
corresponding.

The Geneva Act will enter into force three months after five parties
contracting parties have deposited their instruments of ratification or accession.

It would be unfair not to mention the outstanding work of the delegations of the
organizations with “observer” status in the working group and the
conference, and among which I would highlight, among others, the CEIPI, for its high
academic content, MARQUES, oriGIn and INTA, representing the interests of their
members and the general interest of the community for a text that is as clear as possible
and that it does not produce situations of legal uncertainty.

Finally, having had the privilege of attending the 10 sessions of the
working group and the diplomatic conference and being Spanish, I cannot leave
of being surprised by the lack of activity and communications on the part of the
Spanish State in relation to the Lisbon system. Spain is a signatory of the
Lisbon Agreement since its adoption in 1958, but never ratified it, and although
at various times he has expressed in the first sessions of the group of
work his intention to do so, at other times he has disappeared from the debate.
Quite the opposite of other countries close to us in terms of
importance that these quality geographical designations have for them,
as is the case with France, Italy or Portugal, which have had a great presence and
activity in the preparation of the new act.

Our country being so rich in geographical indications and denominations
of origin, it seems that an instrument that would allow its international registration
using a single centralized request could have important advantages for
our producers.

Hopefully, in view of this Geneva Act, the Spanish authorities
adopt a more proactive policy, make their point of view known and, even
Better, take initiatives to see to what extent it could benefit the
Spanish producers, interacting to do so with those potentially affected.