General Information

 

Introduction

The system of international registration of appellations of origin is governed by Lisbon Agreement for the Protection of Appellations of Origin and their International Registration which was adopted in 1958 and revised at Stockholm in 1967. The latest amended Regulations of the Lisbon Agreement entered into force on April 1, 2002. Operational since November 25, 1966, the Lisbon system is administered by the International Bureau of WIPO, which keeps the International Register of Appellations of Origin and publishes a bulletin entitled "Appellations of Origin."

Any State which is a party to the Paris Convention for the Protection of Industrial Property may become a party to the Lisbon Agreement on condition that it undertakes to protect on its territory the appellation of origin of products recognized and protected, as such, in the country of origin and registered by the International Bureau of WIPO.

States party to the Lisbon Agreement constitute the Lisbon Union, which is a Special Union under Article 19 of the Paris Convention. Every member of the Lisbon Union is a member of its Assembly. Among the most important tasks of the Assembly are the adoption of the program and budget of the Union and the adoption of the modification of the Regulations, including the fixing of fees connected with the use of the Lisbon system.

Objectives

According to Article 2 of the Lisbon System, an appellation of origin is the geographical name of a country, region or locality which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.

Only an appellation of origin which is protected as such in its country of origin may be the subject of an application for international registration. The country of origin is the country whose name, or the country in which is situated the region or locality whose name, constitutes the appellation of origin which has given the product its reputation.

The objectives of the Lisbon system are to facilitate the international protection of appellations of origin. The registration of an appellation of origin in the International Register produces, in the member States of the Lisbon Union, the effects described below in the paragraph "Effects of the Registration". 

Who May File an Application for International Registration?

An application for international registration must be filed with the International Bureau of WIPO by the competent national authority of the country of origin. The name and address of the authority must be communicated to the International Bureau by the country concerned.

Such an application for registration can not in any case be presented to the International Bureau by individuals, even if such individuals own the right to use the appellation of origin in question.

How to File in an Application for International Registration?

The application must be filed in English, French or Spanish on the official form (AO/1) and be accompanied by the payment of registration fees (500 Swiss francs). This form must be signed by the competent authority of the country of origin and presented in the name of the holders of the right to use the appellation of origin.

Registration by the International Bureau

The International Bureau undertakes an examination as to form only. If the application contains a formal defect, a period of three months is allowed for the defect to be remedied. If the application meets all the requirements as to form, the International Bureau will record the appellation of origin in the International Register of Appellations of Origin and notify the registration to the national authorities of the countries of the Lisbon Union. The registration is also published in the Bulletin "Appellations of Origin".

Declaration of Refusal

The competent authorities of the member States which have received notification of the registration of an appellation of origin have the right, within a period of one year from the date of receipt by that country of the notification, to issue a refusal of protection in relation to the appellation of origin in question.

On receipt of a declaration of refusal within the prescribed period, the International Bureau registers the fact in the International Register, notifies it to the competent authority of the country of origin, and publishes it in the Bulletin "Appellations of Origin". The competent authority of the country of origin communicates it in turn to the parties concerned, who may avail themselves of the same administrative and legal remedies against the refusal as nationals of the country that pronounced it.

Effects of the Registration

If no declaration of refusal is notified to the International Bureau by a competent authority within the relevant time limit, the protection of the appellation of origin takes effect in that country as from the date of international registration.

According to Article 3 of the Lisbon Agreement, the registration of an appellation of origin by the International Bureau ensures protection against any usurpation or imitation of the appellation of origin, even if the true origin of the product is stated or if the appellation is used in translated form or accompanied by terms such as "kind," "type," "make," "imitation" and the like.

Period of Registration

The international registration of an appellation of origin ensures its protection for as long as the appellation is protected, as such, in the country of origin. No renewal is required.

Cancellation and Modifications of Registration

The international registration of an appellation of origin may be cancelled at any time, at the request of the competent authority of the country of origin. That authority may likewise renounce protection in one or more countries party to the Lisbon Agreement, either in the actual application for registration or in a request filed later. The competent authority of the country of origin may also request the recording in the International Register of changes, except in relation to changes to the appellation of origin itself and the product to which it relates.

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