19 Extension would make Article 232 of the TRIPS Agreement apply to all

19 extension would make article 232 of the trips

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19. ‘Extension’ would make Article 23.2 of the TRIPS Agreement apply to all products. Consequently, the reference in Article 23.2 of the TRIPS Agreement to wines and spirits would be no longer necessary and should be replaced by a reference to the “products of the same category not having that origin”. 20. Advantages : It facilitates the examination of the trademarks by administrative authorities, trademark registrars or judges. They will refer to a simple, objective criterion (i.e., do the products identified by a trademark, which contains or consists of a geographical indication, really have the geographical origin referred by the geographical indication) when deciding whether or not to refuse the registration of a trademark, if their legislation so permits, or to invalidate the trademark for products not originating in the indicated region. The legitimate producers and other interested parties (e. g. legitimate producers from the geographical location, representative associations from those areas, or even associations of consumers) will obtain a more effective and less costly protection of their geographical indications against trademarks. Trademark holders and applicants will also have a clearer vision of whether a trademark containing a geographical indication can be used or not. This would also be instrumental in clarifying the relationship between trademarks and geographical indications. D) Homonymous geographical indications (Article 22.4 and 23.3 of the TRIPS Agreement) 21. Article 23.3 of the TRIPS Agreement sets out a specific rule for homonymous geographical indications for wines by establishing that: “In the case of homonymous geographical indications for wines, protection shall be accorded to each indication, subject to the provisions of paragraph 4 of Article 22. Each Member shall determine the practical conditions under which the homonymous indications 5
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in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.” 22. Indeed, Article 23.3 of the TRIPS Agreement specifically covers the cases of homonymous geographical indications for wines, whose use does not falsely represent to the public that the good originate in another territory as provided in Article 22.4 of the TRIPS Agreement. In such cases, both indications must be protected and WTO Members concerned must determine the conditions necessary to differentiate homonymous wines. In doing so they must ensure that consumers are not misled and that the producers concerned are treated equitably. 23. The practical effect of this provision is that it prompts WTO Members to keep their markets open in cases of homonymous geographical indications and mandates that adequate solutions are found for the coexistence of products bearing the homonymous geographical indications.
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