Forum on Geographical Indications and Appellations of Origin, jointly organized by WIPO and the National Institute of Industrial Property (INPI), will discuss Geographical Indications and Appellations of Origin from developing countries and need for amendments or a Revision of the Lisbon Agreement.

'Lisbon Agreement for the Protection of Appellations of Origin and their International Registration’ aims to provide for the protection of appellations of origin. Such names are registered by the International Bureau of WIPO in Geneva upon the request of the competent authorities of the interested contracting State. The International Bureau communicates the registration to the other contracting States. A contracting State may declare, within one year, that it cannot ensure the protection of a registered appellation. A registered appellation may not be declared to have become generic in a contracting State as long as it continues to be protected in the country of origin.

Appellation of origin means the geographical name 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. Appellations of origin may be used to protect products of a special region – e.g. Cuban cigars, Kashmiri shawls, Florida oranges, Champagne, etc.

An indicator of a geographical origin is usually a sign used in connection with goods to indicate their geographical origin. It need not be the geographical name. Any given quality, reputation or other characteristics essentially attributable to the geographical origin of a good can function as a geographical indication. Indications of Geographical Origin (IGO) emerged as a specific legal concept in the TRIPS Agreement. Prior international legal instruments had concepts as ‘indications of source’ and ‘appellations of origin’ designed to protect goods with known qualities or reputation coming from a particular place. Although ‘geographical indications’, ‘indications of source’ and ‘appellations of origin’ are closely related concepts, there exists significant differences among them.

Geographical indications (GI) are indications which identify a good as originating in the territory of a Member, 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. Therefore in order to qualify as a GI, a product to which the indication is attached not only needs to originate from the geographical location indicated by it, but must also have a quality, reputation or some other characteristics, which are essentially attributable to that geographical origin. The difference between ‘indications of source’ and GI lies in the additional requirement of quality, reputation or some other characteristics essentially attributable to the geographical origin. Since all ‘indications of source’ do not fulfill these additional requirements, they are ‘simple IGO’, whereas a GI is a ‘qualified IGO’.

Appellations of origin have a more restrictive character than either of the other two. It is a geographical name of a country, region, or locality, thereby directly indicating the geographical origin of the product to which it is attached. It excludes ‘reputation’ of the goods as essentially attributable to the geographical origin, consequently, goods having a certain ‘reputation’ but no quality/characteristics attributable to their geographical origin would remain outside the scope of protection as ‘appellations of origin’ but may qualify for protection as GIs. Thus while all ‘appellations of origin’ would qualify as GIs, not all GIs are capable of getting protection as ‘appellations of origin’. Also, unlike ‘indications of source’ or GIs, figurative or written symbols cannot qualify as ‘appellations of origin’.

India has a comprehensive sui generis GI legislation but that should not be limiting factor in becoming a party to the Lisbon Agreement which would open the gates for the unlimited and varied agricultural products to be internationally registered as appellations of origin and attaining international recognition and significance.