PROTECTION OF GEOGRAPHICAL INDICATIONS

Transcription

1 PROTECTION OF GEOGRAPHICAL INDICATIONS MAY 2018 Eben van Wyk

2 INTRODUCTION What is a Geographical Indication? Difference between a trade mark and a Geographical Indication Certification Trade Mark Collective Trade Mark Protection of South African wine Geographical Indications Liquor Products Act and Wine of Origin Scheme Protection of European Union wine Geographical Indications in South Africa Liquor Products Act General Notice October 2016 Enforcement of Geographical Indications

3 WHAT IS A GEOGRAPHICAL INDICATION? Geographical indications are indications which identify a product as originating in a territory where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Helps consumers to identify and producers to distinguish such products in the market. Examples: Champagne Windhoek Feta

4 TRADE MARKS Trade Mark is a mark used or proposed to be used in relation to goods or services for the purpose of distinguishing those goods or services in relation to which the mark is used from the same kind of goods or services connected in the course of trade with another person. This excludes a mark which consists exclusively of a sign or indication which designates the geographical origin or other characteristics of the goods or services.

5 TRADE MARKS Certification Trade Mark A mark capable of distinguishing goods or services certified in respect of kind, quality, geographical origin or other characteristics of the goods or services. Collective Trade Mark A mark capable of distinguishing goods or services of persons who are members of an association from goods or services of persons who are not members. Geographical names or other indications of geographical origin may be registered as collective trade marks.

6 PROTECTION OF SOUTH AFRICAN GEOGRAPHICAL INDICATIONS Liquor Products Act - Wine of Origin Scheme Objectives are: To serve as a basis for the development of distinctiveness and quality of wine; To confirm correctness of certain indications in connection with the origin of wine; and To create confidence in such indications. Wine of Origin from a particular geographical unit, region, district or ward must be produced from grapes harvested in the geographical unit, region, district or ward. Region (Cape South Coast) District (Walker Bay) Ward (Hemel-en-Aarde Ridge)

7 PROTECTION OF SOUTH AFRICAN GEOGRAPHICAL INDICATIONS Liquor Products Act - Generally known name of an area in South Africa where viticulture is practised In terms of section 11(3)(a)(ii) of the Liquor Products Act, unless authorised thereto in terms of a scheme, no person shall use in connection with the sale of wine, the name under which an area in South Africa where viticulture is practised is generally known, irrespective of whether the boundaries of such area can readily be determined or not. Includes names such as ALHEIT (ALHEIT VINEYARDS trade mark); HELDERBERG (KLEIN HELDERBERG and HELDERBERG WINERY trade marks); KLAWER (KLAWER VALLEY trade mark); and SARON (SARONSBERG trade mark).

8 PROTECTION OF EU GEOGRAPHICAL INDICATIONS IN SOUTH AFRICA General Notice in term of the Liquor Products Act (October 2016) GIs can only be used in connection with a liquor product that originates from the specified country List of 141 Geographical Indications, including names such as Bordeaux; Champagne; Montrachet; Côtes du Provence A relevant date for each Geographical Indication Most are effective from 1 February 2002 Champagne from 26 June 1935 Sherry and Port from 2 February 1659.

9 General Notice in term of the Liquor Products Act

10 General Notice in terms of the Liquor Products Act Prohibition includes: Direct or indirect use of such a GI insofar as it exploits the reputation of the GI Any misuse, imitation or evocation of such GI including: Use in conjunction with an indication of the true origin of the product; Use in translation, transcription or transliteration; Use together with words such as kind, type, imitation, method, or similar words or expressions Any other false or misleading indication as to the provenance, nature or essential qualities of the product Any other practice liable to mislead the consumer as to the true origin of the liquor product

11 Merchandise Marks Act The Minister may prohibit either absolutely or conditionally, the use of: Any mark, word, letter or figure or arrangement or combination thereof In connection with any trade or business or in connection with a trade mark, mark or trade description applied to goods

12 ENFORCEMENT OF GEOGRAPHICAL INDICATIONS Comité interprofessionnel du vin de Champagne (CIVC) Started in 1941 to administer the common interests of the Champagne industry and to protect the use of the Champagne name. Institut National des Appellations D Origine (INAO) Public administrative institution responsible for the implementation and protection of official signs identifying the origin and quality of French agricultural and food products in France and in other countries.

13 ENFORCEMENT OF GEOGRAPHICAL INDICATIONS Coca Cola Champagne The Champagne of fruit juices The Burgundy Festival Champagne Veranda La Provance

14 ENFORCEMENT OF GEOGRAPHICAL INDICATIONS

15 Eben van Wyk