tư vấn thương hiệu tư vấn thương hiệu tư vấn chiến lược thương hiệu đơn vị tổ chức sự kiện

Bamboo, Rattan, Vietnam Handicraft, INVESTMENT, Barotex

Barotex

Quên mật khẩu / Lost password? (close)
TPP Confidential – Intellectual property rights/Intellectual property (4)
02/11/2015

Section D: Geographical Indications

Article QQ.D.1: {Recognition of Geographical Indications}

The Parties recognize that geographical indications may be protected through a trademark or sui generis system or other legal means.

Article QQ.D.2: {Administrative Procedures for the Protection or Recognition of Geographical Indications}

Where a Party provides administrative procedures for the protection or recognition of geographical indications, whether through a trademark or a sui generis system, the Party shall with respect to applications for such protection or petitions for such recognition:

  1. (a)  accept those applications or petitions without requiring intercession by a Party on behalf of its nationals21;
  2. (b)  process those applications or petitions without imposition of overly burdensome formalities;
  3. (c)  ensure that its regulations governing the filing of those applications or petitions are readily available to the public and clearly set out the procedures for these actions;
  4. (d)  make available information sufficient to allow the general public to obtain guidance concerning the procedures for filing applications or petitions and the processing of those applications or petitions in general; and allow applicants, petitioners, or their representatives to ascertain the status of specific applications and petitions;
  5. (e)  ensure that those applications or petitions are published for opposition and provide procedures for opposing geographical indications that are the subject of applications or petitions; and
  6. (f)  provide for cancellation22 of the protection or recognition afforded to a geographical indication.

Article QQ.D.3: {Grounds of Opposition and Cancellation}23
1. Where a Party protects or recognizes a geographical indication through the procedures referred to in Article QQ.D.2, that Party shall provide procedures that allow

interested persons to object to the protection or recognition of a geographical indication, and that allow for any such protection or recognition to be refused or otherwise not afforded, at least on the following grounds:

  1. (a)  the geographical indication is likely to cause confusion with a trademark that is the subject of a pre-existing good faith pending application or registration in the territory of the Party;
  2. (b)  the geographical indication is likely to cause confusion with a pre-existing trademark, the rights to which have been acquired in accordance with the Party’s law; and
  3. (c)  the geographical indication is a term customary in common language as the common name24 for the relevant goods in that Party’s territory.

3. Where a Party has protected or recognized a geographical indication through the procedures referred to in Article QQ.D.2, that Party shall provide procedures that allow for interested persons to seek the cancellation of a geographical indication, and that allow for the protection or recognition to be cancelled, at least on the grounds listed in paragraph 1. A Party may provide that the grounds in QQ.D.3.1 (a), (b) and (c) shall apply as of the time of filing the request for protection or recognition of a geographical indication in the territory of the Party25.

2bis. No Party shall preclude the possibility that the protection or recognition of a geographical indication may be cancelled, or otherwise cease, on the basis that the protected or recognized term has ceased meeting the conditions upon which the protection or recognition was originally granted in the Party.

3. Where a Party has in place a sui generis system for protecting unregistered geographical indications by means of judicial procedures, a Party shall provide that its judicial authorities have the authority to deny the protection or recognition of a geographical indication where any of the circumstances identified in paragraph 1(i), paragraph 1(ii) and paragraph 1(iii) have been established26. Such a Party shall also provide a process that allows interested persons to commence a proceeding on such grounds.

4. Where a Party provides protection or recognition of any geographical indication, pursuant to the procedures referred to in Article QQ.D.2, to the translation or: transliteration of such geographical indication, the Party shall make available procedures that are equivalent to, and grounds that are the same as, those set forth in paragraphs 1 and 2 with respect to such translation or transliteration.

Article QQ.D.8: {Guidelines for determining whether a term is the term customary in the common language}

With respect to the procedures in D.2 and D.3 in determining whether a term is the term customary in common language as the common name for the relevant goods in a Party’s territory, that Party’s authorities shall have the authority to take into account how consumers understand the term in that Party’s territory. Factors relevant to such consumer understanding may include:

  1. (a)  whether the term is used to refer to the type of product in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites; and
  2. (b)  how the product referenced by the term is marketed and used in trade in the territory of that Party.

Article QQ.D.9: {Multi-Component Terms}

With respect to the procedures in D.2 and D.3, an individual component of a multi- component term that is protected as a geographical indication in a Party shall not be protected in that Party where the individual component is a term customary in the common language as the common name for the associated goods.

Article QQ.D.6: {Date of Protection of a Geographical Indication}

Where a Party grants protection or recognition to a geographical indication through the procedures referred to in Article QQ.D.2, such protection or recognition shall commence no earlier than the filing date27 in the Party or the registration date in the Party, as applicable.

Article QQ.D.13: {Country Names}28

Each Party shall provide the legal means for interested parties to prevent commercial use of country names of the Parties in relation to goods in a manner which misleads consumers as to the origin of such goods.

Article QQ.D.5: {International Agreements}

TPP Negotiations IP Group Intellectual Property [Rights] Chapter 05 Oct 2015

1. Where a Party protects or recognizes a geographical indication pursuant to an international agreement as of the applicable date determined in paragraph 6 involving a Party or a non-Party, and where that geographical indication is not protected pursuant to the procedures in Article QQ.D.229 or QQ.D.3.3, that Party shall:

(a)

apply at least procedures and grounds that are equivalent to those in QQ.D.2(e) and Article QQ.D.3.1, as well as

(i)  make available information sufficient to allow the general public to obtain guidance concerning the procedures for protecting or recognizing such a geographical indication; and allow interested persons to ascertain the status of requests for protection or recognition;

(ii)  make available to the public over the Internet details regarding the terms that the Party is considering recognizing or protecting through an international agreement with a Party or a non-party including specifying whether protection or recognition is being considered for any translations or transliterations of those terms, and with respect to multi-component terms, specifying the components, if any, for which protection or recognition is being considered, or the components that are disclaimed;

(iii)  in respect of opposition procedures, provide a reasonable period of time for interested persons to oppose to the protection or recognition of those terms. That period shall provide a meaningful opportunity for interested persons to participate in an opposition process; and

(iv)  inform the other Parties, no later than the start of that opposition period, of the opportunity to oppose.

2. In respect of existing international agreements that permit the protection or recognition of a new geographical indication, a Party shall30,31:

(a) apply QQ.D.5.1.(a)(ii);

(b)  provide an opportunity for interested parties to comment regarding the protection or recognition of those terms for a reasonable period of time before such a term is protected or recognized; and

(c)  inform the other Parties of the opportunity to comment no later than the start of the period for comment.

3. For the purposes of this Article, a Party shall not preclude the possibility that the protection or recognition of a geographical indication could cease.

4. For purposes of this Article, a Party is not required to apply Article QQ.D.3, or obligations equivalent to Article QQ.D.3, to geographical indications for wines and spirits or applications for such geographical indications.

5. Protection or recognition provided pursuant to paragraph 1 shall commence no earlier than the date on which such agreement enters into force, or if that Party grants such protection or recognition on a date after entry into force of the agreement, on that later date.

6. No Party shall be required to apply this Article, to geographical indications that have been specifically identified in, and that are protected or recognized pursuant to, an international agreement involving a Party or a non-Party, provided that:

(a)  such agreement was concluded or agreed in principle32 prior to the date of conclusion or agreement in principle of this Agreement, or in the alternative;

(b)  such agreement was ratified by a Party prior to the date of ratification of this Agreement by that Party, or in the alternative;

(c)  such agreement entered into force for a Party prior to the date of entry into force of this Agreement for that Party.

---------------------------

Tags: sở hữu trí tuệ, TPP, đầu,