Appellations of Origin and Geographical Indications

– Law on Appellations of Origin of August 2003.
– Implementing Regulations of 2003, amended in June 2020.
– Law on Appellations of Origin and Geographical Indications of May 2022.
– Implementing Regulations of 2022, amended in September 2023.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 17, 1974.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 10, 1980.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Stockholm Act since January 4, 2005, and Geneva Act since February 26, 2020.

Filing

Applicant: any person who is involved in extracting, manufacturing, processing, or serving a special product for which the registration of an appellation of origin (AO) or geographical indication (GI) is sought.

Foreigners: may enjoy national treatment under the Paris Convention or the reciprocity principle.

Registrable: an appellation of a geographical place in which is produced a special product that is well-known for the product’s unique characteristics connected with the natural influences or technical talents existing in the said geographical place.

Not registrable: (1) an appellation of a geographical place of which natural influences or technical talents are not considered by the relevant public to contribute to the reputation of the special product for which the registration of the appellation of origin is sought; (2) an appellation of a geographical place in which a special product is produced but the product is not well-known; (3) a geographical appellation not approved by the relevant government; (4) a geographical appellation not in accordance with fact; (5) a geographical appellation identical to or similar with a registered or established trademark of another person; or (6) a geographical appellation identical to or similar with a registered appellation of origin.

Filing requirements for an application (to be sent to resident agent):

For registration of appellation of origin (AO) or geographical indication (GI):
1. Power of attorney (a scanned copy is sufficient and no legalization or notarization);
2. Notarized copy of Certificate of Incorporation (a scanned copy is sufficient);
3. Certified copy of home registration (a scanned copy is sufficient);
4. Certified description of natural influences or technical talents attributable to the reputation of the special product (a scanned copy is sufficient); and
5. Scanned copy of evidence of reputation.

For registration of licensing:
1. Power of attorney, executed by the licensee (a scanned copy is sufficient and no legalization or notarization);
2. Notarized copy of Certificate of Registration of appellation of origin (a scanned copy is sufficient);
3. Licensing agreement or declaration, signed by both parties (a scanned copy is sufficient);
4. Notarized copy of Certificate of Incorporation of the licensee (a scanned copy is sufficient).

Term for filing missing documents: three months from the date of filing.

Examination and Protection

Examination: shall take place within six months from the filing date.

Objections of the Registrar: are notified by official letters, which must be answered within three months.

Appeal: may be filed against any decision of the Registrar within two months from the date of notification of the decision.

Issuance of registration certificates: may take at least nine months from the date of application.

Duration: a registration takes effect from the date of registration and remains effective as long as the registrant uses the AO or GI.

Licensing: registrable.

Cancellation: an AO or GI may be cancelled from the Register when: (1) the registration was effected in violation of the law; (2) the registered AO or GI has not been used for a period of five consecutive years.