Geographical Indications Law in Canada
Canada's legal framework for the protection of Geographical Indications (GIs) is primarily governed by the Trade-marks Act, particularly under subsection 11.12(1), which allows for the registration of GIs associated with wines, spirits, and agricultural products or foods originating from World Trade Organization (WTO) member territories
ποΈ Legal Framework
The Canadian Intellectual Property Office (CIPO) administers the registration process for GIs. A GI is defined as an indication that identifies a product as originating in a specific territory, region, or locality, where a quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin .
π Registration Process
To request protection for a GI, the following steps are involved:
Submission: A request must be submitted to CIPO by a "responsible authority"βan entity sufficiently connected with and knowledgeable about the product.
Documentation: The request should include:
The geographical indication and its translation(s).
The common name of the product.
The category of the product as per the schedule.
The territory, region, or locality of origin.
Applicable laws protecting the GI in the territory of origin.
A description of the quality, reputation, or characteristic attributable to the geographical origin.
The name and address of the responsible authority .
Examination: CIPO, in cooperation with Agriculture and Agri-Food Canada, examines the request for compliance with the Act
Publication: If the GI meets the criteria, CIPO publishes a statement proposing its entry on the list of protected GIs.
Objection Period: Interested parties have two months to file a statement of objection
Listing: If no objections are filed, or if objections are resolved, the GI is entered on the list of protected GIs .(
π‘οΈ Protection and Enforcement
Once a GI is registered, it is protected under the Trade-marks Act, which prohibits unauthorized use of the GI or its translation in connection with a business. Enforcement mechanisms include:
Court Proceedings: Owners can initiate legal action against unauthorized use.
Request for Assistance (RFA): Under the Canada Border Services Agency (CBSA), rights holders can record their protected GIs to assist in detaining counterfeit goods in transit
Food and Drugs Act: The Canadian Food Inspection Agency (CFIA) enforces provisions against misleading labeling of products, which can include unauthorized use of GIs .
π International Considerations
Canada's participation in international agreements, such as the Comprehensive Economic and Trade Agreement (CETA) with the European Union, has expanded the scope of GI protection. Under CETA, over 170 agricultural products and foods from the EU have been added to Canada's protected GI list. However, for a GI to be protected in Canada, it must not be a common name for the product and must be protected by applicable law in its territory of origin .
π Conclusion
Canada's GI protection framework offers a structured process for recognizing and safeguarding products with unique geographical identities. While the system provides avenues for protection and enforcement, stakeholders should be aware of the requirements and procedures to ensure proper registration and protection of their GIs.
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