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Lisbon Agreement Definition

Lisbon Agreement Definition

This is an agreement involving Gibraltar that was made between Britain and Spain in 1958. It refers to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.

This agreement was enacted to fulfill the need for an international system that would protect a distinct category of geographical locations in countries which are not their original countries by registering them at the International Bureau of World Intellectual Property Organization (WIPO) WIPO.

A Little More on What is the Lisbon Agreement

This agreement was adopted in 1958 and later revised in 1967 in Stockholm. It has been administered by the International Bureau of WIPO since it September 25, 1966, when it entered into force.

Appellations of origin registered under the Lisbon agreement can be searched in the Lisbon Express database together with the products they apply to, their production area, the holders of the right of using these appellations, invalidations notified by member countries and many others.

Since the Lisbon agreement is a unique one under Article 19 of the Paris Convention for the Protection of Industrial Property, any country that is a member of the convention can accede to it. The states that comply with this agreement automatically become part of the Lisbon Union Assembly which has the power to change the regulations. Currently, a list of the countries adhering to the Lisbon Agreement shows that all except one are party to the Lisbon Union Assembly.

Recognition and Protection in the Country of Origin

For it to qualify for registration at the International Bureau of WIPO as per article 1(2) of the Lisbon Agreement, an appellation of origin has to be recognized and accorded protection in its country of origin. Article 2(1) expounds this through defining an appellation of origin and Article 2(2) defines the country of origin.

This means that for the appellation to be recognized and protected in its country of origin, it must be contained in a geographical denomination protected in the country of origin as a geographical area that is recognized and used to designate a product originating from it and meets various requirements. The domestic legislation of the country of origin determines the manner of its recognition.

References for Lisbon Agreement

Academic Research on Lisbon Agreement

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