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Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
PART-II: STANDARDS CONCERNING THE AVAILABILITY, SCOPE
SECTION-3
ARTICLE 22: Protection of Geographical Indications
| ARTICLE 22: | Protection of Geographical Indications |
1. Geographical
indications are, for the purposes of this Agreement, indications
which identify a good as originating 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.
2. In
respect of geographical indications, Members shall provide the legal
means for interested parties to prevent:
(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).
3. A
Member shall, ex officio if its legislation so permits or
at the request of an interested party, refuse or invalidate the
registration of a trademark which contains or consists of a
geographical indication with respect to goods not originating in the
territory indicated, if use of the indication in the trademark for
such goods in that Member is of such a nature as to mislead the
public as to the true place of origin.
4. The
protection under paragraphs 1, 2 and 3 shall be applicable against a
geographical indication which, although literally true as to the
territory, region or locality in which the goods originate, falsely
represents to the public that the goods originate in another
territory.
- Referred by:
- ARTICLE 23