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CHALLENGES TO THE LISBON SYSTEM Presentation
by Mihály Ficsor, Vice-President, Hungarian
Patent Office
WIPO/INPI Forum on Geographical Indications and
Appellations of Origin Lisbon, October 30 and 31,
2008
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I. INTRODUCTION

• Main challenges
• divergent approaches, variety of concepts
• changes to the international environment
• need for flexible interpretation
• settlement of disputes
• coexisting appellations
• development into an autonomous system with a
  wider geographical coverage

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I. INTRODUCTION

• Bits of WIPO history
• 1974-1975 preparations for a new treaty in a
  Committee of Experts
• 1970s-1980s efforts to revise the Paris
  Convention
• 1990 Committee of Experts discussions about a
  new treaty on the protection of GIs

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II. BUILDING ON SAND?

• No uniform approach
• sui generis protection
• trademark law
• unfair competition (passing off)
• Terminology - tower of Babel
• indication of source (Madrid Agreement, Paris
  Convention)
• appellation of origin (Lisbon Agreement)
• geographical indication (TRIPS Agreement)
• geographical indication (and designation of
  origin) (EU Regulations)

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III. FITTING IN WITH THE CHANGING INTERNATIONAL
ENVIRONMENT

• Compatibility of the Lisbon Agreement with the
  TRIPS Agreement
• what is a name?
• quality, characteristics, reputation
• exceptions under Article 24 TRIPS
• optional exceptions Articles 24.4, 24.6, 24.7
  and 24.9
• mandatory exceptions Articles 24.5 and 24.8

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III. FITTING IN WITH THE CHANGING INTERNATIONAL
ENVIRONMENT

• Recent enlargements of the European Union
• specific problems related to transitional
  arrangements
• appellations of origin of third countries
  protected under the Lisbon Agreement in the new
  EU Member States
• protection of appellations of origin from new EU
  Member States under the Lisbon Agreement
• rethinking the relationship between the EUs
  acquis communautaire and the Lisbon system

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IV. GETTING LISBON RIGHT

• Proper understanding of the Lisbon system
• not limited to what you can eat or drink
• neutral to the type of protection
• exploring the full potential of Article 4 of the
  Agreement
• more careful reading of Article 6 of the
  Agreement

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V. SETTLEMENT OF DISPUTES UNDER THE LISBON
AGREEMENT

• Settlement of disputes
• Article (5) of the Agreement remedies for
  theinterested party
• possibility of inter-state conflicts
• need for efficient dispute settlement between
  contracting countries
• proposals for dispute settlement in the TRIPS
  Council under Article 23.4 TRIPS
• special arbitration, binding decisions with erga
  omnes effects

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VI. WHEN TWO IS TOO MANY

• Coexisting and/or homonymous appellations
• introducing a statement of grant of protection
  into the Lisbon system
• now to define homonyms?
• the case of trans-border geographical units
• international applications jointly presented by
  two or more countries of origin
• false and true homonyms
• special treatment of homonyms only for GIs

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VII. SOME OTHER CHALLENGES

• Other challenges
• widening the geographical scope of the Lisbon
  system
• further working languages?
• common ground for regional groups in WIPO
• meeting the special needs of developing
  countries
• more extended use of e-business tools
• an autonomous system

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