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
- Reinventing Lisbon: the case for a protocol to the Lisbon Agreement (geographical indications), Gervais, D. J. (2010). Chi. J. Int’l L., 11, 67. This article focuses on the establishment of the TRIPS GI register and how it relates to Lisbon Agreement and its register for appellations of origin and then provides a suggestion that the Lisbon register provides the best substrate to form the TRIPS register.
- Inrreconcilable Differences-The Geneva Act of the Lisbon Agreement and the Common Law, Gervais, D. (2015). Hous. L. Rev., 53, 339. This paper investigates if the Geneva Act of the Lisbon Agreement managed to attain a reconciliation between the common-law method of protecting particular GIs as trademarks and the European method of using a sui generis system to protect GIs.
- The dominance of the Lisbon agreement as a barrier for an environmentally oriented transport policy in Europe; the gap between theory and implementation in policy …, Geerlings, H., & van der Sluis-van Meijeren, M. (2008). This article uses two illustrations to examine the theory of policy integration and conduct a review of selected policy documents at the European level with the objective of forming conclusions concerning the success and shortcomings of actual policies in policy integration.
- The Lisbon Agreement: Why the United States Should Stop Fighting the Geneva Act, Dudding, D. (2015). Vand. J. Ent. & Tech. L., 18, 167. This paper examines the issues related to the Geneva Act, the state of the law and international agreements that lead up to it as well as the possible benefits that the US might enjoy it agrees to join the new Lisbon Agreement.
- On Lisbon agreement’s realization misunderstanding——on Lisbon agreement and TRIPS agreement’s same and difference, Qi, X. G. (2011). Special Zone Economy, 3, 100. This article explores the differences and similarities existing between the Lisbon agreement and TRIPS agreement.
- The Geneva act of the Lisbon agreement for the protection of appellations of origin and their international registration: an assessment of a controversial agreement, Micara, A. G. (2016). IIC-International Review of Intellectual Property and Competition Law, 47(6), 673-696. This paper briefly reviews the major features on the Lisbon Agreement and then analyzes its controversial revision process and outcome to determine the extent to which the new act possess the necessary flexibility to make it more appealing and the resulting role of the Geneva Act in the context of the creation of international law on geographical indications.
- European Union After Lisbon Agreement, Naghibzadeh, A. (2009). This article examines the new institutional dynamics of the European Union after the Lisbon Treaty and mainly majors on the relationship between the European Commission and the Council of Ministers.
- The Lisbon Agreement (July 1979–April 1980), Gold, P. (2004). In Gibraltar (pp. 40-44). Routledge. This paper explains the attempts made by Britain and Spain to solve their dispute over Gibraltar until the Lisbon Agreement came along.
- The Geneva Act of the Lisbon Agreement: Controversial Negotiations and Controversial Results, Gervais, D. J., & Slider, M. (2017). In The Importance of Place: Geographical Indications as a Tool for Local and Regional Development (pp. 15-46). Springer, Cham. This is an examination of the historical process involved in the adoption of the Geneva Act of the Lisbon Agreement and various debates arising as ratification and implementation of the new Act continues.
- A Look at the Geneva Act of the Lisbon Agreement: A Missed Opportunity?, Gervais, D., Calboli, I., & Wee Loon, N. L. (2017). Geographical Indications at the Crossroads of Trade, Development, and Culture, 122-144. This article describes the functioning of the Lisbon system and then examines whether the Geneva Act managed to bridge the gap between the Lisbon system and the common law.
- Jurisdiction of the European Union for Foreign Direct Investments according to the Lisbon Agreement, US-EU relations after Lisbon ratification, Kopotun, N.I. (2014). Actual problems of international relations , 2 (94). This paper discusses the Lisbon Agreement and the new jurisdiction it provides to the European Union for Foreign Direct Investments.