How much level of protection does Appellations of Origin have? States , industry, trade and consumers in search of balance - ASIPI Buenos Aires 2016

How much level of protection does Appellations of Origin have? States , industry, trade and consumers in search of balance

There are very different regulations for the recognition and scope of the protection of the distinctive referring to the relationship between the geographical origin of a product and its characteristics: systems of distinctive products, certification or guarantee trademarks, mandatory technical standards and appellations of origin and geographical indications. Some countries propose a broad and extended protection, which privileges the appellation of origin over trademarks; other countries consider that the excessive scope affect the market, competition, investments of many years and also principles such as legal certainty. In this context, the panel will address several questions that the topic arises, such as: Are the American states balancing the system of appellations of origin and GIs with the reality of terms locally considered generic and the trademarks in use and/or registered? Is the “grandfather clause” necessary or should be strengthened? Are there risks for industry and local businesses when implementing a system of recognition of appellations of origin or foreign GIs? What experiences have been present in the Americas to help find an objective and balanced system?