Geographical Indications Law in Yemen
Yemen has established a legal framework for the protection of Geographical Indications (GIs) through Law No. 23 of 2010 on Trademarks and Geographical Indications, which came into force on February 23, 2011. This legislation aligns with international standards, including the World Trade Organization's TRIPS Agreement, to safeguard products whose qualities, reputation, or characteristics are intrinsically linked to their geographical origin.
🇾🇪 Key Features of Yemen’s GI Law (Law No. 23 of 2010)
1. Definition of Geographical Indication
The law defines a GI as an indication that identifies goods as originating in a specific territory, region, or locality, where a particular quality, reputation, or other characteristic of the goods is essentially attributable to its geographical origin.
2. Registration of GIs
GIs can be registered as collective or certification marks. To register a GI, the applicant must demonstrate that the goods are produced in the specified geographical area and possess qualities or characteristics attributable to that origin. The product must be continuously produced by the applicant in the famous geographical area.
3. Protection Against Misuse
The law prohibits the use of a GI on goods that would mislead the public as to the true geographical origin. It also prevents producers from placing a GI on similar merchandise produced in other areas that suggests it was produced in the area famous for the original product.
4. Enforcement Mechanisms
The law empowers the competent authorities to take precautionary measures against the misuse of GIs. Officials have the authority to enter and search premises, seize counterfeit goods, and take necessary actions to protect GIs.
5. Legal Recourse
Interested parties can request the Tribunal to ban the use of a GI included in a registered trademark if such use could mislead the public regarding the true origin of the product.
6. Implementation Regulations
The Prime Minister issued Decree No. 213 of 2011, providing detailed regulations for the implementation of Law No. 23 of 2010. These regulations outline procedures for registration, opposition, enforcement, and penalties related to GIs.
🌍 International Recognition and Compliance
Yemen is a member of the World Trade Organization (WTO) and is bound by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The GI provisions in Law No. 23 of 2010 align with the requirements of the TRIPS Agreement, particularly Article 22, which mandates the protection of GIs.
✅ Summary
Yemen's Law No. 23 of 2010 provides a comprehensive legal framework for the protection of Geographical Indications, aligning with international standards and ensuring that products with unique geographical attributes are safeguarded against misuse.
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