HOMONYMOUS NAMES OF WINES AND GRAPE VARIETIES 85 2. GEOGRAPHICAL INDICATIONS AND GENERIC NAMES Geographical indications identify a good as originating in the territory of a particular country, region or location, where a given quality, reputation or another characteristic of the good is essentially attributable to its geographical origin [Art. 22(1) of the TRIPS Agreement7]. These indications do not protect the goods of a specific producer but rather confer to all producers from a given geographical area the exclusive right to use a distinctive sign to identify their products, thus being owned and exercised collectively8. Like other intellectual property rights, geographical indications are established and protected by the laws and regulations applicable in a given territory (territoriality principle)9. However, this does not mean that producers are free to use a foreign geographical indication for their own products, relying solely on the fact that it not registered in their country. First, this would constitute a false – or at least misleading – indication of the goods’ source, which is prohibited by all international agreements dealing with geographical indications. Furthermore, modern international agreements require the contracting countries to protect geographical indications registered in other countries as well. The 1883 Paris Convention for the Protection of Industrial Property10 prohibits, in Article 10, direct or indirect use of false indications of origin, which is to be sanctioned by seizure of the goods concerned; additionally, Article 10bis introduces protection against false or misleading indications of source as a means of repressing unfair competition11. The 1891 Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods12 provides for seizure of all goods bearing a false or misleading indication of source (Art. 1) and further prohibits the use of deceptive indications in advertising (Art. 3bis). These two multilateral agreements deal with indications of source, which is a term wider in meaning than geographical indications since it only refers to the product’s geographical origin, not implying any special quality, characteristic or reputation attributed to the place of origin13. Nevertheless, geographical indications are also covered by this term. 7 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS): Annex 1C to the Agreement establishing the World Trade Organization, signed in Marrakesh on 15 April 1994. 8 F. Addor & A. Grazioli, pp. 867 & 869. 9 WIPO document SCT/9/5, para. 4. 10 As amended on 28 September 1979. 11 M. Blakeney, p. 12. 12 As revised in Lisbon on 31 October 1958. 13 J. Addor & A. Grazioli, p. 868.
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