Legislative behavior and doctrinal / jurisprudential development of the Geographical Indications (GI) in relation to Cuba, Spain, Panama, Dominican Republic and Venezuela and their difference and similarities with trademarks

Legislative behavior and doctrinal / jurisprudential development of the Geographical Indications (GI) in relation to Cuba, Spain, Panama, Dominican Republic and Venezuela and their difference and similarities with trademarks

The Inter-American Association of Intellectual Property (ASIPI), consistent with the work carried out by its Committee on Geographical Indications, has been interested in continuing to deepen the subject and therefore has proposed to advance and complement the works published in the work called “Siglo XXI: The Awakening of Geographical Indications in America ”, regarding the current legislative status of regulation of the subject, in addition to reviewing administrative and jurisprudential antecedents in which progress has been made regarding the regulation of Geographical Indications (GI) and the Denominations of Origin (PDO), with the purpose of having updated and exhaustive inputs that allow to provide, through the representations of each country, suggestions and recommendations in support of the definition or strengthening of the subject, as appropriate.

On this occasion, it was my responsibility to analyze the legislative, doctrinal and jurisprudential behavior of the aforementioned distinctive signs, as regards Cuba, Spain, Panama, the Dominican Republic and Venezuela, countries that have different levels of development and operate in regional contexts of alliance and cooperation are also different, therefore, the way of normatively regulating them has been different.

Additionally, the jurisdictions of the member countries of the Andean Community (CAN - Bolivia, Colombia, Ecuador and Peru) have been studied, by Dr. Arturo Tello. In the same way, the situation regarding the issue relative to the countries of the Southern Cone was analyzed, namely: Argentina, Brazil, Chile, Paraguay and Uruguay, with said review corresponding to Dr. Peter Siemsen and Dr. Ana Lucia De Sousa Borda - Irene de Sola Lander