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Wipo Lisbon Agreement Geneva Act

The purpose of the agreements is to create a Special Union under Article 19 of the Paris Convention for the Protection of Industrial Property (1883). [2] Some aspects of the agreement have been replaced by the agreement on trade-related aspects of intellectual property rights. The recognized and protected geographical indications for products and services (z.B. Swiss Watches, Emmentaler AOP, Swiss Made) are often symbols of quality and reputation. The economic value of this data to producers and consumers is high. However, the value of Swiss geographical indications depends on the fact that they are protected from counterfeiting and abuse, not only in Switzerland, but also in export markets. This protection is made possible by a number of bilateral and multilateral agreements. The 1958 Lisbon Convention, managed by the World Intellectual Property Organization (WIPO), allowed for the protection of registered appellations of origin (AO). However, the success of this agreement has been modest; Only about 30 countries have ratified it. Switzerland also did not join. Negotiations under the WTO on extending the level of protection and creating a multilateral register of AOs and geographical indications (GIs) under the TRIPS agreement have not progressed.

Countries interested in IM protection have therefore developed the Lisbon Agreement. With the so-called Geneva Act, which was negotiated in 2015 and came into force on 26 February 2020, there is now an international treaty that is accessible not only to AO, but also to all GIs and which also opens up new opportunities for interested parties in Switzerland. That is why the Federal Council is proposing to ratify the Geneva Act and amend the Trademark Act for its implementation. The Lisbon Convention on the Protection of Names of Origin and their International Registration, signed on 31 October 1958, ensures that Member States protect appellations of origin when they are protected in their country of origin. It contains provisions relating to what is considered a designation of origin, safeguards and establishes an international register of origin maintained by the World Intellectual Property Organization. The agreement came into force in 1966 and was revised in Stockholm (1967) and amended in 1979 and 2015. Since May 2015, 30 states have been parties to the convention and 1,000 appellations of origin have been registered. [1] The Geneva Act establishes a high level of international protection.

In principle, it corresponds to the protection of AO/GI registered in Switzerland. Swiss beneficiaries would benefit from this protection in many countries, notably in the EU, which tabled its accession instrument in November 2019. Costly and costly negotiations on bilateral agreements with the geneva-based contracting parties would no longer be necessary. For Swiss beneficiaries, the new system could also be profitable in markets where expected turnover is currently modest, as there are no additional adjustment or administration costs other than registration fees.