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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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wine
[
Global Index
]
ARTICLE-23
[
go to this ARTICLE
]
... for
Wines
and
Spirits
...
... 1. Each
Member
shall provide the
legal
means for interested
parties
to
prevent
use of a
geographical
indication
identifying
wines
for
wines
not originating in the
place
indicated by the
geographical
indication in
question
or
identifying
spirits
for
spirits
not originating in the
place
indicated by the
geographical
indication in
question
, even where the true
origin
of the
goods
is indicated or the
geographical
indication is used in
translation
or accompanied by
expressions
such as "kind", "type", "style", "imitation" or the like.
(4)
...
... 1. Each
Member
shall provide the
legal
means for interested
parties
to
prevent
use of a
geographical
indication
identifying
wines
for
wines
not originating in the
place
indicated by the
geographical
indication in
question
or
identifying
spirits
for
spirits
not originating in the
place
indicated by the
geographical
indication in
question
, even where the true
origin
of the
goods
is indicated or the
geographical
indication is used in
translation
or accompanied by
expressions
such as "kind", "type", "style", "imitation" or the like.
(4)
...
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
... 2. The
registration of a trademark
for
wines
which contains or consists of a
geographical
indication
identifying
wines
or for
spirits
which contains or consists of a
geographical
indication
identifying
spirits
shall be refused or invalidated,
ex officio
if a
Member
's
legislation
so
permits
or at the
request
of an interested
party
, with
respect
to such
wines
or
spirits
not having this
origin
. ...
... 3. In the
case
of homonymous
geographical
indications for
wines
,
protection
shall be accorded to each indication,
subject
to the
provisions
of paragraph 4 of Article
22
. Each
Member
shall determine the
practical
conditions
under which the homonymous indications in
question
will be differentiated from each other, taking into
account
the need to ensure
equitable
treatment
of the
producers
concerned
and that
consumers
are not misled. ...
... 4. In
order
to
facilitate
the
protection
of
geographical
indications for
wines
,
negotiations
shall be undertaken in the
Council
for TRIPS
concerning
the
establishment
of a
multilateral
system
of
notification
and
registration
of
geographical
indications for
wines
eligible
for
protection
in those
Members
participating
in the
system
. ...
... 4. In
order
to
facilitate
the
protection
of
geographical
indications for
wines
,
negotiations
shall be undertaken in the
Council
for TRIPS
concerning
the
establishment
of a
multilateral
system
of
notification
and
registration
of
geographical
indications for
wines
eligible
for
protection
in those
Members
participating
in the
system
. ...
ARTICLE-24
: International Negotiations; Exceptions [
go to this ARTICLE
]
... 4. Nothing in this Section shall require a
Member
to
prevent
continued and similar use of a particular
geographical
indication of another
Member
identifying
wines
or
spirits
in
connection
with
goods
or
services
by any of its
nationals
or domiciliaries who have used that
geographical
indication in a continuous
manner
with
regard
to the same or related
goods
or
services
in the
territory
of that
Member
either (a) for at least 10
years
preceding 15 April 1994 or (b) in
good faith
preceding that
date
. ...
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