Review the Coveted WIPO's Lisbon System for International Registration of Appellations of Origin and Geographical Indication

Indication or the use of these for the production of similar goods. The system's additional flexibility has motivated member states to adhere to the Lisbon Agreement's ideals even more.

The Working Group on the Development of the Lisbon The Lisbon agreement was adopted in the year 1996 and it came into effect in 1996. The main objective with which this treaty was formulated was the protection of geographical denominations of the country, region, or a particular locality that happens to be the place of origin for a particular thing. This not only preserves the uniqueness of the product in question but also preserves the historical value attached to it and the cultural importance it has in the designated place.

This agreement was created in response to the need for an international framework to safeguard intellectual property that is recognized inside a given country on an international level. Section 19 of the Paris Convention on Industrial Property was used to create the agreement. Any nation that is a party to the convention can join the Lisbon Union Assembly by acceding to the accord.

On May 20, 2015, WIPO approved the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (the Geneva Act). After the European Union ratified the Geneva Act, it went into effect on February 26. The Geneva Convention is in effect in 31 nations at the moment (Albania, Cambodia, North Korea, Samoa, and 27 EU member countries).

The system received additional attention in the Director-Report General's to the 2019 WIPO Assemblies as a result of the passage of the Geneva Act, which extended the area of protection. In 2014, a record of 80 applications was lodged in the application and registration procedure. The rise can be attributed to emerging nations' active engagement, with their proportion of international registration increasing from 7% in 2010 to 28% in 2018.

As a result of the system, parties are proactively trying to avoid any use that would be considered an imitation of an appellation of origin or geographical System is currently planning its third session, which will take place on March 10 and 11, 2020. The draft plan depicts efforts to further improve and reinforce the system; however, owing to the risk posed by COVID-19, the event has been postponed as ordered by the World Intellectual Property Organization.

ADVANTAGES

• The Lisbon Treaty modernized European Union (EU) laws by introducing more centralized leadership and foreign policy, as well as a procedure for nations seeking to exit the EU and a simplified process for implementing new policies.

• It encouraged a uniform registration procedure and one set of fees across the world with respect to the AOOs.

• It is convenient and cost-effective.

• Further, it enhances the value and integrity of AOO of a particular origin.

DISADVANTAGES

• The Libson act is only extended to AOOs (Appellations of Origin) i.e. it revolves around those products that have a particularly strong link with their place of origin. Here, for a product to fit this qualification, it has to be established that the link with the place of origin is strong enough. The question of concern arises when the product fails to achieve the abovementioned degree of qualification.

• There is no clarification with regards to the "strong link factor", this might create some ambiguity as it is subjective and there cannot be a sole definition.

Section 19 of the Paris Convention on Industrial Property was used to create the agreement. Any nation that is a party to the convention can join the Lisbon Union Assembly by acceding to the accord. The odd aspect is that, despite the convention having approximately 176 parties as of 2014, only 28 have signed the Lisbon Agreement, which is thought to be because to its incompatibility with trademark systems of GI protection. In 2015, it was recorded that were a total of 30 participants. Although it is understood that implementing uniformity across the nations can be challenging but the potentiality of the agreement cannot be ignored. There is a dire need for effective implementation.

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Source: lexology.com-Sakshar Law Associates

Editor: IPR Daily-Selly