Geographical Indications Law in Monaco
Here’s an overview of the Geographical Indications (GI) Law in Monaco:
🇲🇨 Geographical Indications Law in Monaco
1. Legal Framework
Monaco does not have a specific standalone law dedicated solely to Geographical Indications (GIs).
However, GIs are protected under Monaco’s broader industrial property regime, as part of its Law No. 606 of June 20, 1955, concerning trademarks and service marks, which has been amended several times.
Monaco’s IP office is the Division de la Propriété Intellectuelle (Department of Intellectual Property).
2. International Agreements
Monaco protects GIs primarily through international treaties, including:
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958):
Monaco is a party to this WIPO-administered agreement.
This allows protection of Appellations of Origin registered internationally via WIPO.
Madrid Agreement and Protocol (for trademarks) – although focused on trademarks, these also play a role in GI-like indications.
Paris Convention for the Protection of Industrial Property – provides baseline protection for indications of source and unfair competition.
⚠️ Monaco is not a member of the World Trade Organization (WTO), so it is not bound by the TRIPS Agreement.
3. Types of Indications Protected
Appellations of Origin (AO): Protected under the Lisbon Agreement.
Indications of Source: Protected under unfair competition laws and the Paris Convention.
Monaco does not yet have a domestic registration system specifically for GIs or AOs like many other countries do. Instead, it relies on international registrations (e.g., through the Lisbon system) and general IP protections.
4. Protection and Enforcement
Protection can be enforced through national courts for cases of:
Misuse or misrepresentation of a GI/AO.
Acts of unfair competition.
Protection is available to foreign GIs that are registered internationally and recognized by Monaco under international law.
5. Examples
Due to Monaco’s small size and limited agricultural base, it does not currently have prominent domestic GIs.
However, it respects and protects foreign GIs (e.g., Champagne, Roquefort, etc.) under the Lisbon Agreement and other treaties.
Summary:
| Element | Status in Monaco |
|---|---|
| Specific GI Law | ❌ No standalone GI law |
| International Protection | ✅ Lisbon Agreement, Paris Convention |
| WTO/TRIPS Compliance | ❌ Not a WTO member |
| Domestic Registration | ❌ No GI registry |
| Enforcement Mechanism | ✅ Through national courts |
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