Lisbon System Parties and International Appellations of Origin
The protection of Appellations of Origin (AO)—names used to identify a product as originating in a specific region where its quality or characteristics are essentially due to that geographical environment—is managed through a complex framework of international treaties. This system ensures that unique regional products are protected from misuse across different borders.
The legal architecture of this protection is divided into three primary instruments: the 1958 Lisbon Agreement, the 1967 Stockholm Act, and the more recent Geneva Act, which entered into force in 2020. These instruments determine how protection is granted and which member states recognize specific registrations.
Key Facts
- The Lisbon Agreement (1958) and Stockholm Act (1967) apply mutually between their respective parties.
- Parties solely to the 1958 Agreement do not have mutual application with parties solely to the 1967 Stockholm Act.
- The Geneva Act (2020) operates independently and applies only between its own parties.
- If a state is a party to multiple Lisbon instruments, an appellation registered under any one of them applies to the parties of the other instruments to which that state belongs.
- The European Union is a party to the Geneva Act, providing a broad umbrella of protection for 270 registered AOs and GIs.
Understanding the Treaty Framework
The interaction between the different acts of the Lisbon system creates a tiered layer of protection. While the original 1958 Agreement laid the groundwork, the Stockholm Act expanded the scope. The introduction of the Geneva Act in 2020 modernized the system, allowing for the registration of Geographical Indications (GI) in addition to Appellations of Origin.
For member states, the level of protection offered depends on which specific act they have ratified. For example, some nations, such as France and Italy, are parties to all three instruments, ensuring their regional products receive the widest possible international recognition.
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The Role of Regional Organizations
Regional bodies also play a significant role. The African Intellectual Property Organization (OAPI) joined the Geneva Act on March 15, 2023. Consequently, member states of OAPI, such as Burkina Faso, Ivory Coast, Senegal, and Togo, are covered by the Geneva Act through their OAPI accession, even if they have not filed individual registrations.
Member State Participation and Registrations
The distribution of registered AOs and GIs varies significantly across the parties. France holds the highest number of registrations with 381, followed by the European Union with 270 and Italy with 166. Other notable participants include Iran with 98 and Bulgaria with 32.
Some states have transitioned their membership over time. For instance, the Czech Republic and Slovakia continued the application of treaties previously held by Czechoslovakia, which was a party to both the Lisbon Agreement and the Stockholm Act until 1993.
| State/Organization | Lisbon Agreement | Stockholm Act | Geneva Act | Registered AOs/GIs |
|---|---|---|---|---|
| European Union | - | - | 26 Feb 2020 | 270 |
| France | 25 Sep 1966 | 12 Aug 1975 | 21 Apr 2021 | 381 |
| Italy | 29 Dec 1968 | 24 Apr 1977 | 14 Oct 2026 | 166 |
| Iran | 9 Mar 2006 | - | - | 98 |
| Mexico | 25 Sep 1966 | 26 Jan 2001 | - | 17 |
| OAPI | - | - | 15 Mar 2023 | 0 |
Frequently Asked Questions
Does the Geneva Act apply to all Lisbon Agreement parties?
No, the Geneva Act applies only between its own parties. It does not automatically extend to parties of the 1958 Lisbon Agreement or the 1967 Stockholm Act unless those states have also joined the Geneva Act.
What happens if a state is a party to more than one Lisbon instrument?
In such cases, an appellation of origin registered under any of those instruments also applies to the parties of the other instruments to which that state is a party.
How does OAPI accession affect its member states?
Member states of the African Intellectual Property Organization (OAPI), such as Senegal and Ivory Coast, are covered by the Geneva Act through the organization's accession.
Which party has the highest number of registered AOs and GIs?
France has the highest number of registered Appellations of Origin and Geographical Indications, with a total of 381.
Is there mutual application between the 1958 Agreement and the 1967 Stockholm Act?
Yes, the treaty applies mutually between parties to both the 1958 Lisbon Agreement and the 1967 Stockholm Act. However, it does not apply between a party that is solely in the 1958 Agreement and another that is solely in the 1967 Stockholm Act.