When it comes to protecting, applying for, and managing multiple individual rights for a designation of origin or a geographical indication at an international level, applicants may face a major challenge. Indeed, procedures and languages vary from one country to another, which may require the assistance of local lawyers, agents, and even translators. However, there is a practical and cost-effective solution that simplifies this process: the Lisbon System.
Why protect designations of origin with the Lisbon System?
In summary, designations of origin and geographical indications are powerful tools for promoting brand image and meeting the growing demand in the traditional products market, where quality is linked to the place of origin. These products stand out from similar ones on the market due to their specific qualities or the reputation associated with their geographical origin. Designations of origin and geographical indications represent a significant percentage of exports and revenue for many countries. For this reason, it is crucial to protect them in both domestic and foreign markets.
The territorial scope of intellectual property rights, including designations of origin and geographical indications, is limited to the jurisdictions where they are granted. In reality, the diversity of national and regional legal systems and procedures makes obtaining recognition more complex and costly, as well as ensuring the proper protection of these designations in other countries. This is where the need for a global solution arises, such as the Lisbon System. This mechanism is adaptable to all legal systems and serves as a unified international protection framework.
What is the Lisbon System and how does it protect designations of origin?
Essentially, the Lisbon System is a legal framework established to facilitate the international protection of designations of origin and geographical indications. It currently covers 57 countries across Africa, Asia, Europe, Latin America, and the Caribbean, through 38 Contracting Parties. This system simplifies the registration process by allowing the protection of designations of origin and geographical indications in multiple countries through a single international registration.
The registration procedure is conducted through the World Intellectual Property Organization (WIPO), using a single language and a single set of fees in one currency.
Once a designation of origin or geographical indication is registered under the Lisbon System, its protection is potentially unlimited in time. This means there is no need to pay additional fees to renew the registration.
Furthermore, the system applies to all types of products, whether agricultural, food, natural, artisanal, or industrial. It also offers flexibility to expand protection as new members join the system, without requiring an official subsequent designation.
Characteristics and Advantages of the Lisbon System
The Lisbon System offers characteristics and advantages that make it an attractive option for protecting designations of origin and geographical indications:
- Broad flexibility. Designations of origin and geographical indications must be previously protected in the Contracting Party of origin, either through legislation, judicial decisions, or any form of registration. The Lisbon System allows different methods of formalizing this protection according to the applicable national legislation.
- Notification process. After conducting a formal examination of the international application, WIPO notifies the other Contracting Parties about the new registration. Each Contracting Party may decide whether to protect the designation of origin or geographical indication in its territory or reject it. Any refusals must be communicated to WIPO within one year of the notification of the new registration.
- Unlimited protection over time. Once a designation of origin or geographical indication is registered under the Lisbon System, international protection is potentially unlimited, as long as it remains protected in the Contracting Party of origin, unless there are refusals or invalidations in other countries.
- Expanding global coverage. The system continues to grow, offering the possibility to protect designations of origin and geographical indications in an increasing number of countries.
- Online tools. The Lisbon System provides online tools, such as the Lisbon Express Database and the WIPO Bulletin “Appellations of Origin”, allowing you to stay informed about the latest geographical indications and designations of origin registered in the International Register.
We offer you advice and processing for the registration of your designation of origin.
As you can see, the Lisbon System for the international registration of designations of origin and geographical indications is a practical and cost-effective solution that simplifies the protection process on a global scale. However, before accessing it, you must meet the requirement of registering this designation or indication in Spain.
At ISERN Patents & Trademarks, we specialize in the registration and protection of intellectual property rights, trademarks, and patents. This, of course, includes designations of origin and geographical indications, all managed to ensure their validity at both national and international levels.
With nearly 100 years of experience and more than 150 specialized professionals, we have served over 40,000 clients and successfully managed more than 350,000 cases, confirming our leadership in the sector.
Contact us or visit any of our offices in the 12 cities where we are present. We will provide you with more information about the Lisbon System and all the processes to protect your designation of origin.