Features of the International Legal Protection of Appellations of Origin and Geographical Indications in the Light of the Adoption on May 20, 2015 of the Geneva Act of the Lisbon Agreement

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Элен Шахназарова ◽  
Elen Shakhnazarova

Currently, the issues of legal protection of appellations of origin and geographical indications are of particular relevance. Due to the current historically terminological uncertainty, there is a need to joint in the international dimension of the various systems of data protection of intellectual property. In order to solve this problem in the framework of the World Intellectual Property Organization on May 20, 2015 was adopted the Geneva Act of the Lisbon Agreement, which allows to carry out the international registration not only of appellations of origin and geographic indications, and also allows to accede to the Lisbon agreement of the several international organizations. The activities of the World Intellectual Property Organization for the improvement of the Lisbon system aimed at widening of its participants, modification of the Lisbon Agreement of appellations of origin and inclusion in the Lisbon system the provisions on the protection of geographical indications on the basis of their international registration.

2009 ◽  
pp. 2616-2631
Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


Terminology ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 171-200
Author(s):  
Cristina Valentini ◽  
Geoffrey Westgate ◽  
Philippe Rouquet

Many key terminology databases are managed by national and international organizations. However, the methodology behind the development of such databases has rarely been discussed. This paper presents the terminology database of the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization (WIPO), the scientific and technical patent terminology database in ten languages available for browse online in WIPO Pearl. The article discusses in detail the design and structure of the PCT Termbase with reference to ISO standards. Divergences are explained in light of specific aspects of the workflow and the text type under consideration — patents. Thus, traditional problematic areas of terminography are addressed from a practical perspective, e.g. identifying concepts and terms; attributing a concept to a specific subject field in a multidisciplinary database; multilingual equivalence; quality control in terminology management; building domain ontologies from/in terminology databases. A comprehensive understanding of the PCT Termbase is thereby provided.


2014 ◽  
Vol 10 (2) ◽  
pp. 373-394
Author(s):  
Edward Kwakwa ◽  
Marie-Lea Rols

In light of their particular role and position, international organizations have long benefited from specific privileges and immunities. Most notably, it is usually understood that these organizations enjoy jurisdictional immunity and that their premises are inviolable, while some privileges and immunities have been extended to their staff. Those privileges and immunities, however, are not absolute and can be curtailed, or waived, under certain circumstances. As a result, not only may the practice regarding privileges and immunities vary from one organization or jurisdiction to another, but the precise scope of said privileges and immunities could be challenged. The World Intellectual Property Organization (‘wipo’) benefits from a comprehensive protection in that respect, based either on the 1947 Convention on the Privileges and Immunities of the Specialized Agencies or bilateral agreements, complemented by relevant domestic provisions. Nonetheless, the Organization rarely had to exercise them so far. In fact, it seems that wipo’s policy and related practice with regards to potential claims or claimants, rather than an intricate web of privileges and immunities provisions, has kept the Organization out of the courts.


2004 ◽  
Vol 29 (4) ◽  
pp. 475-496 ◽  
Author(s):  
Paolo Vergano ◽  
Irina Kireeva

AbstractThe present article examines the current stage of the WTO negotiations with respect to the protection of geographical indications (GIs). GIs are distinctive signs that associate products of quality and reputation with their place or area of production and, thereby, help identify and distinguish such products on the market. Well-known examples of geographical indications include Irish Whiskey, Gorgonzola, Tequila, Bordeaux, Roquefort, Antigua Coffee, and Parma Ham. This article examines the manner in which geographical indications are protected in the Russian Federation. Russia considers protection of this type of intellectual property to be one of the key TRIPs issues and is seen to fully support the position of those countries that are demanding enhanced protection of geographical indications around the world. One of the major problems in respect to the protection of intellectual property in Russia is the fact that enforcement of intellectual property laws has—thus far—been rather limited. In conclusion, the authors suggest that Russia's entry into the WTO will prove benefi cial to both Russia itself and to other WTO Members with respect to intellectual property protection.


Author(s):  
Davide Mula ◽  
Mirko Luca Lobina

Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to get through to every body in every part of the world. In spite of that, the Web page does not entitle one to a specific legal protection and because of this, every investment of time and money that stays off-stage is not protected by an unlawfully used. Seeing that no country in the world has a specific legislation on this issue in this chapter, we develop a theory that wants to give legal protection to Web pages using laws and treatment that are just present. In particular, we have developed a theory that considers Web pages as a database, so extends a database’s legal protection to Web pages. We start to analyze each component of a database and to find them in a Web page so that we can compare those juridical goods. After that, we analyze present legislation concerning databases and in particular, World Intellectual Property Organization Copyright Treatments and European Directive 96/92/CE, which we consider as the better legislation in this field. In the end, we line future trends that seem to appreciate and apply our theory.


2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.


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