Geographical Indications Law in San Marino
Here’s an overview of Geographical Indications (GI) law in San Marino:
🇸🇲 1. Legal Framework
San Marino does not have a dedicated national Geographical Indications law.
As a small European microstate closely linked to the EU, San Marino often relies on EU-wide GI protections through various agreements and cooperative frameworks.
Protection of GIs in San Marino is typically addressed under trademark law and broader intellectual property regulations.
2. Regional and International Context
San Marino is not a member of the European Union, but has a customs union and other agreements with the EU.
It recognizes and enforces EU GI protections via these agreements, especially those related to agricultural and food products.
It is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement obligations regarding GIs.
3. Protection Mechanisms
In the absence of a national GI law, protection can be sought through:
Trademarks, including certification marks and collective marks.
Unfair competition laws against misleading or deceptive practices.
San Marino likely enforces GI protection through administrative and judicial cooperation with Italy and the EU.
4. International Agreements
WTO membership binds San Marino to TRIPS GI protection standards.
San Marino participates in the Lisbon Agreement on Appellations of Origin and Geographical Indications through the WIPO framework.
It benefits from bilateral and regional agreements with Italy and the EU for GI recognition.
Summary Table
| Aspect | Status in San Marino |
|---|---|
| Dedicated GI Law | ❌ No dedicated national law |
| Protection via Trademarks | ✅ Yes, certification and collective marks |
| Enforcement | Through cooperation with EU and Italy |
| International Agreements | WTO/TRIPS, Lisbon Agreement |
| EU Membership | ❌ Not a member, but customs union agreements |
Conclusion
San Marino protects geographical indications mainly through regional cooperation and trademark law rather than specific national GI legislation. This system aligns with its small size and close ties to Italy and the EU.
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