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Adwitiya Dattaray 1811

Shivali Pande 1811119


Hari 1811
Ishaan Sinha 1811
Losang Yolmo 1811
Ravi Ranjan 1811
PEOPLE’S Kumar Shivam
Ishaat Zahidi
1811132
1811
DEMOCRATIC Aditya Sagar
Ramakant
1811
1811
REPUBLIC OF
ALGERIA

PROPOSAL ON LISBON
AGREEMENT ON
APPELLATIONS OF ORIGIN AND
GEOGRAPHICAL INDICATIONS
ARTICLE 13(1): ORIGINAL STATEMENT & ALTERNATIVES

Without prejudice to Articles 15 and 19, where a registered appellation of origin or a


registered geographical indication conflicts with a prior trademark applied for or registered,
or acquired through use, in good faith in a Contracting Party,

OPTION A
the protection of that appellation of origin or geographical indication in that Contracting
Party
shall not prejudice the eligibility for, or the validity of, the registration of the trademark, or
the
right to use the trademark, [taking into account] [provided that] the legitimate interests of
the
owner of the trademark as well as those of the beneficiaries of the rights in respect of the
appellation of origin or the geographical indication [are taken into account] and provided
that the
public is not misled.

OPTION B
the protection of that appellation of origin or geographical indication in that Contracting
ARTICLE 13(1): OUR STANCE
Option A
(….. the protection of that appellation of origin or geographical
indication in that Contracting Party shall not prejudice the eligibility
for, or the validity of, the registration of the trademark, or the right to
use the trademark, taking into account the legitimate interests of the
owner of the trademark as well as those of the beneficiaries of the
rights in respect of the appellation of origin or the geographical
indication are taken into account and provided that the public is not
Rationale:
misled) It balances the interests of trademark owners and those of the beneficiaries of
the rights in respect of an appellation of origin or a geographical indication.
The term ‘taking into account ‘ is more overarching and broader than the term ‘provided
that’ and would therefore leave a broader possibility for consideration.
Algeria needs recognition for its exceptional wine that it produces and the use of GIs is
extremely important to us as GIs are typically protected under unfair competition and
consumer protection laws and administrative and judicial decisions as well as under specific
laws or decrees recognizing individual GIs.