Lisbon Agreement Geographical Indications

(1) [Prior Rights of the Mark] The provisions of this Law shall not affect an old trade mark registered or registered in good faith or purchased in good faith in a Contracting Party. If the right of a Contracting Party provides for a limited derogation from the rights conferred by a trade mark, so that such an earlier trade mark cannot, in certain circumstances, give its proprietor the right to prevent a registered appellation of origin or geographical indication from being protected or used in that Contracting Party, the protection of the registered appellation of origin or geographical indication limits the rights: that this brand lends in one way or another, is not. in another way. The notification relating to the recording of the effects of an international registration must state the reasons for the registration (Article 15). The revocation of a refusal is possible according to the procedures established by the common regulations (Rule 11). Although the Geneva Act does not explicitly refer to negotiations for the withdrawal of a refusal to protect an appellation of origin or geographical indication, negotiations may nevertheless take place without any explicit reference. (b) A Contracting Party may, in a declaration, inform the Director-General that, in accordance with its national or regional law, a registered appellation of origin or geographical indication is protected from a date mentioned in the declaration, but that it may not be later than the date of expiry of the period for refusal referred to in the Regulations referred to in Article 15, paragraph 1(a). Article 9 obliges each Party to protect appellations of origin and geographical indications registered in its territory in its own legal order and practice, but in accordance with the provisions of this Law, subject to refusals, waivers, cancellations or cancellations that may take effect with respect to its territory. The accession of the Union to the Geneva Act of the Lisbon Agreement is in line with the EU`s general policy to promote and improve the protection of geographical indications through bilateral, regional and multilateral agreements. The Geneva Act extends the scope of the Lisbon system to all geographical indications, beyond appellations of origin. .

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