IPR
Topic 124 Lisbon Geneva Act
Topic 124 — Lisbon Agreement and Geneva Act (International GIs)
The Lisbon Agreement on the Protection of Appellations of Origin and their International Registration (concluded 31 October 1958) is the foundational international treaty for protection of appellations of origin (AOs). The system was modernised through the GENEVA ACT OF THE LISBON AGREEMENT ON APPELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS (concluded 20 May 2015), which extended coverage to BOTH appellations of origin AND geographical indications (GIs). The Geneva Act became effective on 26 February 2020 after fifth eligible party accession. Administered by WIPO, the system enables single international application designating multiple member countries. The Lisbon Agreement has 30+ contracting parties; the Geneva Act has 12+ contracting parties (as of 2024). India is NOT a member of either Lisbon Agreement or Geneva Act — instead operating through GI Act 1999 (Geographical Indications of Goods (Registration and Protection) Act). Foundational distinction: APPELLATION OF ORIGIN — direct geographical link with quality entirely attributable to geographical environment (e.g., Bordeaux wine, Champagne); GEOGRAPHICAL INDICATION — indication identifying goods as originating from territory with quality, reputation, or other characteristic essentially attributable to geographical origin (broader category — e.g., Darjeeling tea, Roquefort cheese). The TRIPS Agreement Articles 22-24 set minimum standards for GI protection. The Doha Declaration 2001 recognised AO/GI flexibility. India's GI Act 1999 implements its own framework — over 600+ Indian GIs registered including Darjeeling Tea, Banglar Rasogolla, Madhubani Paintings, Kancheepuram Silk, Phulkari, Kolhapuri Chappals. India's "Tea Board v. ITC (Cal HC 2 February 2018)" — landmark case clarifying GI registration limited to GOODS only. International foreign GIs registered in India: Prosecco, Scotch Whisky, Champagne, Parma Ham, Cognac. This topic walks through international GI framework — Lisbon-Geneva system, India's position, and emerging considerations.
1. Lisbon Agreement Framework
A. Origin and Effective
- Concluded: 31 October 1958 in Lisbon, Portugal.
- Effective: 25 September 1966.
- Foundational AO international protection.
- Pre-Geneva Act framework.
- 30+ contracting parties (2024).
B. Original Lisbon Subject Matter
- Appellations of Origin (AOs) only.
- Direct quality-geography link required.
- Stricter than GIs.
- Examples: Bordeaux wine, Champagne, Cognac.
2. Geneva Act of Lisbon Agreement (2015)
A. Modernisation Background
- Limited Lisbon Agreement membership.
- Need to extend to GIs.
- Concluded 20 May 2015 in Geneva.
- Effective: 26 February 2020 (after 5 eligible party accessions).
- 12+ contracting parties (as of 2024).
B. Key Innovations
✅ Geneva Act of Lisbon Agreement — Innovations 1. EXPANDED SUBJECT MATTER · Appellations of Origin (AOs). · Geographical Indications (GIs). · Both treated equally. 2. EXPANDED ELIGIBILITY · Intergovernmental organizations can join. · European Union member. · African Intellectual Property Organization (OAPI) member. · African Regional Intellectual Property Organization (ARIPO) member. 3. STREAMLINED PROCEDURES · Modernised application requirements. · Electronic filing. · Common Regulations. 4. STRENGTHENED PROTECTION · Protection against infringement. · Protection against generic use. · Protection against translation/transliteration misuse. |
3. AOs vs GIs — The Distinction
A. Appellation of Origin (AO)
Appellation of Origin Definition "Appellation of origin" means the geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. Key requirements: · Direct geographical environment link. · Natural factors (climate, soil, etc.). · Human factors (techniques, traditions). · QUALITY ATTRIBUTABLE EXCLUSIVELY OR ESSENTIALLY to environment. Examples: · Bordeaux wine. · Cognac. · Champagne. · Roquefort cheese. · Specific French AOC products. |
B. Geographical Indication (GI)
Geographical Indication Definition "Geographical indication" means an indication that identifies a good as originating from a territory of a Contracting Party, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Key requirements: · Geographical origin link. · Quality, reputation, or other characteristic. · Essentially attributable to geographical origin. · BROADER than AOs. Examples: · Darjeeling tea. · Roquefort cheese. · Banglar Rasogolla. · Tirupati Laddu. · Specific Indian GI products. In TRIPS terminology: Article 22.1 GI definition. |
C. Comparison
Aspect | AO | GI |
|---|---|---|
Quality link | EXCLUSIVELY OR ESSENTIALLY to environment. | ESSENTIALLY attributable. |
Source | Stricter geographical link. | Broader geographical link. |
Scope | Narrower. | Broader. |
Examples | Bordeaux, Cognac, Roquefort. | Darjeeling, Banglar Rasogolla. |
Original Lisbon | Covered. | Not covered. |
Geneva Act 2015 | Covered. | Covered. |
TRIPS Article 22 | Covered (as GI). | Covered. |
India's GI Act 1999 | Covered (broader interpretation). | Covered. |
4. Lisbon-Geneva System Operations
A. International Registration Process
✅ International Registration via WIPO 1. NATIONAL APPLICATION · Applicant files in country of origin. · Geographical name + product specification. · Documentation of quality-environment link. 2. INTERNATIONAL APPLICATION TO WIPO · Through Office of Origin. · Designation of contracting parties. · Fees in Swiss Francs. 3. WIPO INTERNATIONAL EXAMINATION · Formal compliance review. · Recording in International Register. · Publication in WIPO Bulletin. 4. DESIGNATED PARTY EXAMINATION · Each country examines under own law. · Refusal possible (1 year for Lisbon; 2 years for Geneva). · Acceptance — registration in that country. 5. PROTECTION · Same as national protection. · No specific time limit (unlike trademarks). · No renewal required. |
B. Term of Protection
- Generally NO specific time limit (perpetual protection).
- Maintains protection while qualifying conditions exist.
- No renewal required.
- Can be challenged for genericness over time.
5. India's Position
A. Non-Membership Status
- India NOT a member of Lisbon Agreement.
- India NOT a member of Geneva Act of Lisbon Agreement.
- Indian GI protection through national GI Act 1999.
- Strategic decision — preserves national flexibility.
- TRIPS Article 22-24 minimum standards followed.
B. India's Independent Approach
- GI Act 1999 — comprehensive framework.
- Domestic and foreign GIs.
- Bilateral cooperation rather than Lisbon membership.
- Consideration for future membership.
C. Indian GIs (600+)
GI Category | Examples |
|---|---|
Tea | Darjeeling Tea, Assam Tea, Kangra Tea, Nilgiri Tea. |
Foods | Banglar Rasogolla, Tirupati Laddu, Mysore Pak, Joynagarer Moa. |
Spices/Coffee | Coorg Orange, Coorg Coffee, Mysore Sandalwood, Naga Chilli. |
Textiles | Kancheepuram Silk, Banaras Brocades, Phulkari, Pochampally Saree, Patola. |
Handicrafts | Madhubani Paintings, Kolhapuri Chappals, Channapatna Toys, Bagh Print. |
Fruits | Alphonso Mango, Mahabaleshwar Strawberry, Nagpur Orange. |
Other | Bidri Ware, Banaras Sarees, Rajashree Marble, Goa Cashew. |
D. Foreign GIs Registered in India
- Prosecco (Italy).
- Scotch Whisky (Scotland).
- Champagne (France).
- Parma Ham (Italy).
- Cognac (France).
- Tequila (Mexico).
- Roquefort (France).
- Florida Oranges (US).
6. India's Landmark GI Cases
📖 Tea Board India v. ITC Limited (Darjeeling Lounge case), Calcutta HC 2 February 2018 Facts — Tea Board held GI for "Darjeeling" tea + certification trademark. ITC Limited operated "Darjeeling Lounge" at ITC SONAR Hotel. Holding — Calcutta HC: GI registration RESTRICTED TO GOODS ONLY under GI Act 1999. Lounge service NOT a "good". No GI infringement. Significance — LANDMARK case clarifying GI scope: · GI registration limited to GOODS only. · Services not protectable through GI. · Cross-product GI use possible if not goods category. · Limits of GI protection. |
📖 Scotch Whisky Association v. Universal Distilleries, 2008 (Del HC) Facts — Scotch Whisky Association sued for misuse of "Scotch" branding. Holding — Delhi HC: Foreign GI protection in India; injunction against misuse. Significance — Demonstrates international GI enforcement; foreign GIs protected in India. |
📖 Tea Board v. Republic of Tea (US 2010) Background — Indian Tea Board sought protection of "Darjeeling" mark in United States. Holding — US TTAB and federal courts: Recognized Indian GI rights for Darjeeling tea. Significance — International recognition of Indian GIs. |
7. Banglar Rasogolla GI
📖 Banglar Rasogolla GI Registration, 2017 Background — West Bengal Government sought GI registration for "Banglar Rasogolla" against Odisha's competing claim. Both states claimed origination. Outcome — Banglar Rasogolla GI registered to West Bengal in 2017 (recognised West Bengal-style preparation). Significance — Demonstrates: · Regional GI dispute resolution. · Traditional foods GI registration. · Specific preparation technique recognition. · West Bengal cultural heritage protection. |
8. TRIPS GI Framework
A. Article 22 — General GI Protection
- Foundational GI protection minimum standard.
- Includes geographical name + indication.
- Protection against false/misleading use.
- Civil remedies + criminal sanctions.
B. Article 23 — Wines and Spirits
- Higher protection for wines and spirits.
- Strict prohibition on use even with disclaimers.
- TRIPS-compliant national framework.
C. Article 24 — Negotiations and Exceptions
- Continued GI negotiations encouraged.
- Specific exceptions framework.
- Genericness defense.
9. Strategic Considerations
✅ For Indian GI holders — eight points For domestic protection, leverage GI Act 1999 (national framework). For foreign protection, use bilateral cooperation + national filings abroad. For Lisbon membership consideration, monitor Geneva Act developments. For documentation, maintain quality-environment-tradition records. For producer associations, organize collective management. For commercialization, leverage GI premium pricing. For enforcement, document specific products and producers. For traditional knowledge integration, coordinate with Biological Diversity Act 2002. |
✅ For foreign GI holders in India — six points For Indian protection, register under GI Act 1999. For enforcement, document India-specific market presence. For prevention, monitor Indian commercial use. For litigation, leverage TRIPS Article 22 + Indian GI Act. For online enforcement, integrate IP enforcement. For international cooperation, leverage WIPO arbitration. |
10. Memory Aid — Quick Recall
✅ Quick Recall — Lisbon Agreement and Geneva Act Lisbon Agreement — concluded 31 October 1958; effective 25 September 1966; AOs only. Geneva Act of Lisbon — concluded 20 May 2015; effective 26 February 2020. Geneva Act extends to BOTH AOs AND GIs. India NOT member of Lisbon or Geneva Act. 600+ Indian GIs registered. AO — exclusive/essential geographical link. GI — broader; quality/reputation/other characteristic. Tea Board v. ITC (Cal HC 2018) — GI restricted to GOODS only. Banglar Rasogolla GI 2017 — West Bengal registration. Foreign GIs in India: Prosecco, Scotch, Champagne, Parma Ham, Cognac. TRIPS Articles 22-24 — minimum GI standards. |
🎯 EXAM POINTERS — TOPIC 124
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