Geographical Indications Law in North Korea
North Korea has established a legal framework for the protection of Geographical Indications (GIs) through its Law on Appellations of Origin, adopted in 2003. This legislation aims to safeguard products that possess qualities, reputation, or characteristics attributable to their geographical origin. The Trademark, Industrial Designs and Geographical Indications Office of the Democratic People's Republic of Korea (DPRK) is the designated authority responsible for the registration and enforcement of GIs within the country
Key Features of North Korea's GI Law
Definition and Scope: The law defines an Appellation of Origin as a designation used to identify a product originating from a specific region, where a given quality, reputation, or other characteristic is essentially attributable to its geographical origin.
Registration Process: Producers seeking protection for their products under this law must apply to the Trademark, Industrial Designs and Geographical Indications Office. The application process includes providing evidence of the product's unique qualities linked to its geographical origin.
Rights and Enforcement: Once registered, the appellation is protected, and unauthorized use of the designation is prohibited. The law provides mechanisms for enforcement, including administrative actions against infringements.
Duration of Protection: The protection granted under the law is typically valid for a period of ten years, with the possibility of renewal.
International Engagement
North Korea is a member of the World Intellectual Property Organization (WIPO) and has acceded to several key international treaties, including the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty. In October 2019, North Korea accessed the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which provides a system for the international registration of GIs
Challenges and Considerations
While North Korea has established a legal framework for the protection of GIs, challenges remain in terms of enforcement and international recognition. The country's political and economic isolation may affect the effectiveness of these protections and the ability of producers to leverage GIs for economic benefit.
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