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Propiedad Intelectual

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Disclaimer

En atención al creciente interés público en las negociaciones recientemente concluidas entre el MERCOSUR y la Unión Europea, el gobierno argentino, a fin de garantizar el efectivo ejercicio del derecho de acceso a la información pública y la transparencia de la gestión pública, da a conocer los textos del Acuerdo “en principio” MERCOSUR- UE anunciado en Bruselas el pasado 28 de junio de 2019.

No obstante se deja constancia que estos textos se publican sólo con fines informativos y pueden sufrir modificaciones adicionales como resultado del proceso de revisión legal de los mismos, sin perjuicio de no alterar los compromisos en las concesiones alcanzados en el acuerdo anunciado entre el MERCOSUR y la UE.

Los textos solo serán definitivos una vez firmado el Acuerdo. El acuerdo será obligatorio para las Partes en virtud del derecho internacional solo después de que cada una de ellas complete los procedimientos legales internos necesarios para la entrada en vigor del Acuerdo (o su aplicación provisional)

Propiedad Intelectual 
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-    Lista de Indicaciones Geográficas de la Unión Europea (Disponible)

CHAPTER [XX]

INTELLECTUAL PROPERTY

Section A – General Provisions and Principles

Article X.1

General Provisions

1. Each Party affirms the rights and obligations under the WTO Agreement on Trade Related Aspect of Intellectual Property Rights, and any other multilateral agreement related to intellectual property to which it is a Party.

2. Each Party shall be free to determine the appropriate method of implementing the provisions of this Chapter within its own legal system and practice, in a manner consistent with the objectives and principles of the TRIPS Agreement and of this Chapter.

[3. Nothing in this Chapter shall be construed as conferring rights or imposing obligations on persons other than those created between the Parties under public international law, nor as permitting this Chapter to be directly invoked in the domestic legal systems of the Parties. A Party shall not provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Chapter.]

 

Article X.2

Objectives

The objectives of this Chapter are to:

a) Facilitate access, production and commercialisation of innovative and creative products and foster trade and investment between the Parties contributing to a more sustainable, equitable and inclusive economy for the Parties;

b) Achieve an adequate and effective level of protection and enforcement of intellectual property rights that provides incentives and rewards to innovation while contributing to the effective transfer and dissemination of technology and favouring social and economic welfare and the balance between the rights of the holders and the public interest;

c) Foster measures that will help the Parties to promote research and development, and access to knowledge, including to a rich public domain.

 

Article X.3

Nature and Scope of Obligations

1. For the purposes of this Agreement, intellectual property rights refer to all categories of intellectual property that are the subject of sections 1 through 7 of Part II of the TRIPS Agreement and Article X.9 through Article X.43 of this Chapter.

2. Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act 1967).

3. Nothing shall prevent a Party from adopting measures necessary to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology, provided that such measures are consistent with the provisions of this Chapter.

4. The Parties acknowledge the provisions in the TRIPS Agreement regarding competition.

5. This Chapter does not create any obligation with respect to the distribution of resources as between enforcement of intellectual property rights and enforcement of law in general.

6. No Party shall be obliged to implement in its law more extensive protection than is required by this Chapter. This Chapter does not preclude the Parties from applying provisions of domestic law introducing higher standards for the protection and enforcement of intellectual property, provided that they do not violate the provisions of this Chapter.

 

Article X.4

Principles

1. Each Party recognises that the protection and enforcement of intellectual property rights can and must be done in a manner conducive to economic, social and scientific progress. Each Party shall ensure the enforcement of intellectual property rights within its own legal system and practice.

2. In formulating or amending its laws and regulations, each Party may establish exceptions and flexibilities permitted by the multilateral instruments to which the Parties are Signatories.

3. The Parties support the achieving of the United Nations Sustainable Development Goals (SDGs).

4. The Parties support the World Health Assembly Resolution WHA 60.28 and the Pandemic Influenza Preparedness (PIP) Framework adopted on The Sixty-fourth World Health Assembly.

5. The Parties recognise the importance of promoting the implementation of Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, adopted by the World Health Assembly on 24 of May 2008 (Resolution WHA 61.21 as amended by Resolution WHA 62.16).

6. The Parties acknowledge the Development Agenda recommendations, adopted in 2007 by the General Assembly of the World Intellectual Property Organization (WIPO).

7. Where the acquisition of an intellectual property right is subject to the right being granted or registered, each Party shall make best efforts to ensure the procedures for granting or registration of the right are conducive to the granting or registration within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection.

 

Article X.5

National Treatment

Each Party shall accord to the nationals of another Party treatment no less favourable than that it accords to its own nationals with regard to the protection[1] of intellectual property rights covered by this Chapter, subject to the exceptions already provided for in Article 3 and 5 of the TRIPS Agreement.

 

Article X.6

Protection of Biodiversity and Traditional knowledge

1. The Parties recognise the importance and value of biological diversity and its components and of the associated traditional knowledge, innovations and practices of indigenous and local communities[2]. The Parties furthermore reaffirm their sovereign rights over their natural resources and recognise their rights and obligations as established by the Convention of Biological Diversity of 1992 (henceforth referred to as CBD) with respect to access to genetic resources, and to the fair and equitable sharing of benefits arising out of the utilisation of these genetic resources.

2. Recognising the special nature of agricultural biodiversity, its distinctive features and problems needing distinctive solutions, the parties agree that access to genetic resources for food and agriculture shall be subject to specific treatment in accordance with the International Treaty on Plant Genetic Resources for Food and Agriculture (2001).

3. The Parties may, by mutual agreement, review this Article subject to the results and conclusions of multilateral discussions.

 

Article X.7

Exhaustion

1. Each Party shall be free to establish its own regime for exhaustion of intellectual property rights subject to the provision of the TRIPS Agreement.

2. In the area of copyright and related rights, exhaustion of rights applies only to the distribution to the public by sale or otherwise of the original of tangible works or tangible copies thereof.

 

Article X.8

TRIPS Agreement and Public Health

1. The Parties recognise the importance of the declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 (hereinafter referred to as the “Doha Declaration”) by the Ministerial Conference of the WTO. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with the Doha Declaration.

2. The Parties shall implement Article 31bis of the TRIPS Agreement, as well as the Annex and Appendix to the Annex related thereto, which entered into force on January 23, 2017.

 

Section B - Standards Concerning Intellectual Property Rights

Sub-Section 1 - Copyright and related rights[3]

 

Article X.9

International Treaties

Each Party affirms its rights and obligations under the following international agreements taking into consideration that treaties are not binding on those that are not parties to them:

  1. The Berne Convention for the Protection of Literary and Artistic Works (‘the Berne Convention’);
  1. The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (hereinafter referred to as the “Rome Convention”); and,
  1. The Marrakesh Treaty to facilitate access for persons who are blind, visually impaired, or otherwise print disabled.
  1. The WIPO Copyright Treaty, adopted in Geneva on 20 December 1996; and
  1. The WIPO Performances and Phonograms Treaty, adopted in Geneva on 20 December 1996.
  1. Beijing Treaty on Audiovisual Performances.

 

Article X.10

Authors

Each Party shall provide for authors the exclusive right to authorise or prohibit:

1. Direct or indirect, temporary[4] or permanent reproduction by any means and in any form, in whole or in part of their works;

2. Any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof;

3. Any communication to the public of their works, by wire or wireless means.

4. The making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

 

Article X.11

Performers

Each Party shall provide for performers the exclusive right to authorise or prohibit:

1. The fixation[5] of their performances;

  1.  

2. The direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of fixations of their performances;

3. The distribution to the public, by sale or otherwise, of the fixations of their performances.

4. The broadcasting by wireless means, and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation. This article also applies for broadcasting by wire means when the legislation of a Party allows it.

5. The making available to the public of fixations of their performances in such a way that members of the public may access them from a place and at a time individually chosen by them.

 

Article X.12

Producers of phonograms

Each Party shall provide for phonogram producers the exclusive right to authorise or prohibit:

1. The direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of their phonograms;

2. The distribution to the public, by sale or otherwise, of their phonograms, including copies thereof;

3. The making available to the public of their phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them.

 

Article X.13

Broadcasting Organisations

Each Party may stipulate the legal requirements in their domestic laws as to what is to be considered a broadcasting organisation and also shall provide them with the exclusive right to authorise or prohibit:

  1.  

1. The fixation of their broadcasts;

  1.  

2. The direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their broadcasts;

  1.  

3. The making available to the public, by wire or wireless means, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite in such a way that members of the public may access them from a place and at a time individually chosen by them.

4. The distribution to the public, by sale or otherwise, of fixations of their broadcasts, and;

5. The rebroadcasting of their broadcasts by wireless means, or where the domestic legislation so provides retransmission by wire means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.[6]

 

Article X.14[7]

Right to remuneration for broadcasting and communication to the public of phonograms published for commercial purposes

1. Each Party shall provide a right in order to ensure that a remuneration is paid by the user to the performers and producers of phonograms, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public.

2. Each Party shall provide either that the remuneration be claimed from the user by the performer or by the producer of a phonogram or by both. Each Party may enact legislation that, in the absence of an agreement between performers and producers of phonograms, sets the terms according to which performers and producers of phonograms shall share such remuneration.

 

Article X.15

Term of protection

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and not less than for 50 years or, where the domestic legislation of the Party so provides, for 70 years after the author’s death. With respect to photographic and cinematographic works each Party will establish the term of protection according to their domestic laws.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.

3. In the case of anonymous or pseudonymous works, the term of protection shall run for not less than 50 years or, where the domestic legislation of the Party so provides, for 70 years, after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.

4. The rights of performers in a performance otherwise than in a phonogram shall expire not less than fifty years after the date of the performance.

5. The rights of performers and producers of phonograms shall expire not less than 50 years or, where the domestic legislation of the Party so provides, 70 years after the fixation is lawfully published or lawfully communicated to the public.[8] According to their domestic law, each Party may adopt effective measures in order to ensure that the profits generated during the 20 years of protection beyond 50 years are shared fairly between the performers and producers.

6. The term of protection of the rights of the broadcasting organisations shall be at least 20 years or, where the domestic legislation of the Party so provides, 50 years from the first broadcast.

7. The terms laid down in this Article shall be calculated from the 1st January of the year following the event which gives rise to them.

8. The terms of protection may exceed the periods provided for in this Article.

 

Article X.16

Resale Right

1. Each Party may provide, for the benefit of the author of graphic or plastic art, a resale right, defined as an inalienable right, which cannot be waived, even in advance, to receive a percentage of the price obtained from any resale of that work, after the first transfer of that work by the author.

2. The right referred to in paragraph 1 may apply to all acts of resale involving as sellers, buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art.

3. Each Party may provide that the right referred to in paragraph 1 may not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and when the resale price does not exceed a minimum amount.

4. Each Party may provide that authors who are nationals of third countries and their successors in title may enjoy the resale right in accordance with this Article and the legislation of the Party concerned only if the legislation of the country of which the author or his/her successor in title is a national permits resale right protection in that country for authors from the Party concerned and their successors in title.

 

ArticleX.17

Cooperation on collective management of rights

1. The Parties agree to promote cooperation, transparency and non- discrimination of collective management organisations, in particular as regards the revenues they collect, deductions applied to such revenue, the use of the royalties collected, the distribution policy and their repertoire, including in the digital environment.

2. Where a collective management organisation established in the territory of a Party represents a collective management organisation established in the territory of another Party by way of a representation agreement, each Party shall ensure that:

(a) the representing collective management organisation shall not discriminate against entitled members of the represented organisation;

(b) the representing collective management organisation must pay accurately, regularly, diligently, and in full transparency, the amounts owed to the represented organisation and provide the represented organisation with information on the amounts of revenue collected on its behalf and the deductions made.

 

Article X.18

Exceptions and limitations

1. Each Party shall provide for exceptions and limitations to the rights only in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holders.

2. Each Party shall provide that temporary acts of reproduction which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:

(a) a transmission in a network between third parties by an intermediary; or

(b) a lawful use of a work or other subject-matter to be made, and which have no independent economic significance,

shall be exempted from the reproduction right.

 

Article X.19

Technological Protection Measures

Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by right holders in connection with the exercise of their rights under this Sub-Section and that restrict acts which are not authorised by the right holders concerned or permitted by law.

Each Party, where permissible in accordance to their domestic law may ensure that right holders make available to the beneficiary of an exception or limitation the means of benefiting from that exception or limitation, to the extent necessary to benefit from that exception or limitation.

 

Article X.20

Obligations concerning Rights Management Information

1. Each Party shall provide adequate legal protection against any person knowingly performing without authority any of the following acts:

(a) The removal or alteration of any electronic rights-management information;

(b) The distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Sub-Section from which electronic rights-management information has been removed or altered without authorisation,

if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights.

2. For the purposes of this article "rights-management information" means any information provided by right holders which identifies the work or other subject-matter referred to in this Sub-Section, the author or any other right holder, or information about the terms and conditions of use of the work or other subject-matter, and any numbers or codes that represent such information.

3. The subparagraph 1 shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject-matter referred to in this Article.

4. The Parties shall ensure that this protection shall not harm non-infringing uses.

 

Sub-Section 2 - Trademarks

 

Article X.21

International Agreements

Each Party:

(a) shall comply with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice on 15 June 1957, as amended on 28 September 1979 (“Nice Classification”)[9]; and,

(b) shall make best efforts to comply with the Protocol related to the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989, as last amended on 12 November 2007.

 

Article X.22

Registration Procedure

  1. Each Party shall establish a system for the registration of trademarks in which each final negative decision, including the partial refusal of registration, issued by the relevant trademark administration, shall be notified in writing, duly reasoned and open to challenge.
  2. Each Party shall provide for the possibility to oppose applications to register trademarks or, where appropriate, the registration of trade marks. Such opposition proceedings shall be adversarial.
  1. Each Party shall provide a publicly available electronic database of applications and registrations of trademarks.

 

Article X.23

Rights conferred by a trademark

The registered trademark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:

(a) Any sign which is identical with the trademark in relation to goods or services which are identical with those for which the trademark is registered;

(b) Any sign where, because of its identity with, or similarity to, the trademark and the identity or similarity of the goods or services covered by the trademark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trademark.

 

Article X.24

Well-known Trademarks

1. Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to services. In determining whether a trademark is well-known, Members shall take account of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Member concerned which has been obtained as a result of the promotion of the trademark.

2. Article 6bis of the Paris Convention (1967) shall apply, mutatis mutandis, to goods or services which are not similar to those in respect of which a trademark is registered, provided that use of that trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered trademark and provided that the interests of the owner of the registered trademark are likely to be damaged by such use.

3. For the purpose of giving effect to protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS Agreement, each Party shall take into due consideration the principles established in the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on 20 to 29 September 1999.

 

Article X.25

Invalidation of the registration application in bad faith

A trade mark shall be liable to be declared invalid where the application for registration of the trademark was made in bad faith by the applicant. Each Party may also provide that such a trademark shall not be registered.

 

Article X.26

Exceptions to the Rights Conferred by a Trademark

1. Each Party shall provide for limited exceptions to the rights conferred by a trademark such as the fair use of descriptive terms, including in the case of geographical indications, and they may provide other limited exceptions, provided such exceptions take account of the legitimate interests of the owner of the trademark and of third parties.

2. The trademark shall not entitle the owner to prohibit a third party from using:

(a) Their own name or address where that third party is a natural personal;

(b) Indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

(c) The trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts; provided he uses them in accordance with honest practices in industrial or commercial matters.

 

Sub-Section 3 - Designs

 

Article X.27

International Agreements

Each Party shall make the best efforts to comply with the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs done at Geneva on 2 July 1999.

 

Article X.28

Protection of Registered Designs

1. Each Party shall provide for the protection of independently created designs that are new and original[10]. This protection shall be provided by registration and shall confer an exclusive right upon their holders in accordance with the provisions of this article.

2. The holder of a registered design shall have at least the right to use and prevent third parties not having the owner’s consent at least from using and notably making, offering for sale, selling, putting on the market, importing, exporting, stocking such a product or using articles bearing or embodying the protected design when such acts are undertaken for commercial purposes.

 

Article X.29

Term of Protection

The duration of protection available, including renewals, shall amount to at least 15 years from the date of filing the application.

 

Article X.30

Protection Conferred to Unregistered Designs

Each Party may establish legal means to prevent the use of unregistered designs, according to their domestic law.

 

Article X.31

Exceptions and Exclusions

1. Each Party may establish limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

2. Design protection shall not extend to designs dictated essentially by technical or functional considerations.

 

Article X.32

Relationship to Copyright

A design shall also be eligible for protection under the law of copyright of a Party when this protection is provided for by its legislation and the requirements are met, as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.

Sub-Section 4 - Geographical Indications

 

Article X.33

Protection of Geographical Indications

1. This Sub-Section applies to the recognition and protection of geographical indications originating in the territory of the Parties.

2. The Parties shall take the necessary measures to implement the protection of geographical indications referred to in paragraph 1 in their territories, determining the appropriate method for such implementation within their own legal system and practice.

3. The established geographical indications of a Party to be protected by the other Party shall only be subject to this Article if they are protected as geographical indications in the territory of the Party of origin in accordance with its system of registration and protection of geographical indications.

4. The Parties, having examined both the legislation of the other Party referred to in Annex I to this Article and the geographical indications of the other Party listed in Annex II, and having completed an objection procedure or public consultation related to the geographical indications of the other Party listed in Annex II, undertake to protect since the date of entry into force of the Agreement those geographical indications in accordance with the level of protection laid down in this Sub-Section including specifically related provisions, notably as defined in Article X.35.9 and in the Appendix to Annex II.

5. Geographical indications for products other than agricultural foodstuffs products, wines, spirit drinks or aromatised wines may be protected according to the laws and regulations applicable in each Party. The Parties acknowledge that geographical indications listed under Annex III are protected as geographical indications in the country of origin.

 

Article X.34

Addition of new Geographical Indications

The Parties agree on the possibility to add in Annex II new geographical indications, to be protected pursuant to a mutually agreed decision taken by the Sub Committee on Intellectual Property set up in accordance with Article X.39 and after having completed the steps described in Article X.33.4 to the satisfaction of both Parties.

 

Article X.35

Scope of Protection for Geographical Indications

1. For the geographical indications listed in Annex II, which have been assessed pursuant to the provisions of paragraphs 3 to 12, each Party shall provide the legal means, according to its domestic legislation, for interested parties to prevent:

(a) The use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin, in a manner which misleads the public as to the geographical origin of the good;

(b) Any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention for the Protection of Industrial Property (1967) done at Stockholm on 14 July 1967.

2. For the geographical indications listed in Annex II, the Parties shall also provide the legal means according to its domestic legislation, for interested parties to prevent:

(a) any direct or indirect commercial use of a protected name for comparable products not complying with the product specification of the protected name, or that exploits the reputation of a geographical indication;

(b) the use of a geographical indication not originating in the place indicated by the geographical indication, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind’, ‘type’, ‘style’, ‘imitation’ or the like;

(c) against any misuse, imitation or deceiving use of a protected name of a geographical indication; or against any false or misleading indication to a protected name of a geographical indication; or against any practice liable to mislead the consumer as to the true origin, provenance and nature of the product.

3. Regarding the relationship between trademarks and geographical indications, the Parties agree on the following:

(a) Where a geographical indication is protected under this Sub-Section, the Parties shall refuse the registration of a trademark for the same or a similar product, the use of which would contravene this Sub-Section, provided that an application for registration of the trademark was submitted after the date of application for protection of the geographical indication on the territory concerned. Trademarks registered in breach of this subparagraph shall be invalidated according to the legislation of the Parties.

(b) For geographical indications listed in Annex II at the date of entry into force of the Agreement, the date of submission of the application for protection referred to in paragraph 3(a) shall be the date of the publication of the opposition procedure or public consultation in the respective territories.

(c) For geographical indications referred to in X.34, the date of submission of the application for protection shall be the date of the transmission of a request to another Party to protect a geographical indication.

(d) Without prejudice to paragraph 3(e), the Parties shall protect the geographical indications referred to in Annex II also where a prior trademark exists. A prior trademark shall mean a trademark, which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith in the territory of one Party before the date on which the application for protection of the geographical indication is submitted by the other Party under this Agreement.

Such trademark may continue to be used, renewed and be subject to variations which may require the filing of new trademark applications, notwithstanding the protection of the geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist in the legislation on trademarks where the trademark has been registered or established.

Neither the prior trademark nor the geographical indication shall be used in a way that would mislead the consumer as to the nature of the intellectual property right concerned.

(e) The Parties shall not be obliged to protect a geographical indication in the light of a famous, reputed or well-known trademark, where the protection is liable to mislead the consumer as to the true identity of the product.

4. Nothing shall prevent the use by a Party, with respect to any product, of a customary name of a plant variety or an animal breed, existing in the territory of that Party as of the date of entry into force of this Agreement.[11]

5. Nothing shall prevent the use by a Party of an individual component of a multi-component term that is protected as a geographical indication in the territory of that Party if such individual component is a term customary in the common language as the common name for the associated good.[12]

6. Nothing shall require a Party to protect a geographical indication which is identical to the term customary in common language as the common name for the associated good in the territory of that Party.

7. If a translation of a geographical indication is identical with or contains within it a term customary in common language as the common name for a product in the territory of a Party, or if a geographical indication is not identical with but contains within it such a term, the provisions of this Sub-Section shall not prejudice the right of any person to use that term in association with that product.

8. Regarding homonymous geographical indications, the Parties agree on the following:

(a) In the case of existing or future homonymous geographical indications of the Parties for products falling within the same product category[13], both will coexist per se, and each Party shall determine the practical conditions under which the homonymous indications in question shall be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

(b) Where a Party, in the context of negotiations with a third country proposes to protect a geographical indication from that third country, and the name is homonymous with a geographical indication from the other Party, the latter shall be informed and be given the opportunity to comment before the name is protected.

9. Without prejudice to paragraphs 1 to 8 of article X.35 for particular cases of geographical indications listed in Annex II and indicated below, a specific level of protection is defined, applying only to the cases listed under this point[14]:

Genièvre / Jenever

The protection of the geographical indication “Genièvre” / “Jenever” shall not prevent prior users of “Ginebra” in the territory of Argentina[15], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Genièvre”/”Jenever” in Argentina and prior users of “Genebra” in the territory of Brazil[16] having used the term in good faith and in a continuous manner prior to the publication for opposition of the geographical indication “ Genièvre / Jenever” in Brazil, to continue using the term, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and in a non-ambiguous manner as regards to the origin of the product.

Queso Manchego

The protection of the geographical indication “Queso Manchego” for cheeses elaborated in Spain, in accordance with its technical specifications, using sheep’s milk, shall not prevent prior users of the term “Queso Manchego” in the territory of Uruguay[17], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Queso Manchego”, when related to cheeses elaborated with cow’s milk, to continue using this term provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and are differentiated from it in a non-ambiguous manner as regards the origin and the composition of the product.

Grappamiel

The protection of the geographical indication “Grappa” shall not prevent prior users of the term “Grappamiel” or “Grapamiel” in the territory of Uruguay[18], having used the term in good faith and in a continuous manner prior to the publication for opposition of the geographical indication “Grappa” to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Steinhäger

The protection of the geographical indication “Steinhäger” shall not prevent prior users of the term “Steinhäger” in the territory of Brazil[19], having used the term in good faith and in a continuous manner prior to the publication for opposition of the geographical indication “Steinhäger” to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Parmigiano Reggiano

The protection of the geographical indication “Parmigiano Reggiano” shall not prevent prior users of the term “Parmesão” in the territory of Brazil[20] and of the term “Parmesano” in the territory of Argentina[21], Paraguay[22] and Uruguay[23], having used these terms in good faith and in a continuous manner prior to the publication for opposition of the geographical indication “Parmigiano Reggiano” to continue using these terms, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

The protection of the geographical indication “Parmigiano Reggiano” shall not prevent prior users of the term “Reggianito” in the territory or Argentina[24], having used this term in good faith and in a continuous manner prior to the publication for opposition of the geographical indication “Parmigiano Reggiano”, and in the territory of Paraguay[25] and Uruguay[26], having used this term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Parmigiano Reggiano”, to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Fontina

The protection of the geographical indication “Fontina” shall not prevent prior users of the term “Fontina” in the territory of Argentina[27], Brazil[28], Paraguay[29] and Uruguay[30], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Fontina”, to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Gruyère

The protection of the geographical indication “Gruyère” shall not prevent prior users of the terms “Gruyère” and “Gruyere” in the territory of Argentina[31], Brazil[32], Paraguay[33] and Uruguay[34], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Gruyère”, to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

The protection of the geographical indication “Gruyère” shall not prevent prior users of the terms “Gruyerito” and “Gruyer” in the territory of Uruguay[35], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Gruyère” to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Grana

The protection of the geographical indication “Grana Padano” shall not prevent prior users of the term “Grana” in the territory or Brazil[36], having used the term in good faith and in a continuous manner for five years prior to the publication for opposition of the geographical indication “Grana Padano” to continue using this term, provided these products are not commercialized using references (graphics, names, picture, flags) to the protected European geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and is differentiated from it in a non-ambiguous manner as regards the origin of the product.

Gorgonzola

The protection of the geographical indication “Gorgonzola” shall not prevent prior users of “Gorgonzola” in the territory of Brazil[37], having used the term in good faith prior to the publication for opposition to continue using the term, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication and provided the term is displayed in a font character substantially smaller, while readable, than the brand name and in a non-ambiguous manner as regards to the origin of the product.

10. Protected geographical indications listed in Annex II shall not become generic in the territories of the Parties.

11. There shall be no obligation under this Chapter to protect geographical indications which are not or cease to be protected in their place of origin.

12. The provisions of this Chapter shall not prejudice the right of any person to make commercial use of that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the public.

 

Article X.36

Right of Use of Geographical Indications

1. A geographical indication under this Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirit drinks which conform to the corresponding specification.

2. Once a geographical indication is protected under this agreement, the use of such protected name shall not be subject to any registration of users, or further charges.

 

Article X.37

Enforcement of Protection

The Parties shall provide the legal means for interested parties to seek enforcement of the protection provided for in Articles X.35 via appropriate administrative action by public authorities and via judicial steps, within their own legal system and practise.

 

Article X.38

General Rules

Import, export and marketing of products corresponding to the names referred to in Annex II shall be conducted in compliance with the laws and regulations applying in the territory of the Party in which the products are placed on the market.

 

Article X.39

Cooperation and transparency

1. The Sub Committee on Intellectual Property established in accordance with Article X.59 shall see to the proper functioning of this Sub-Section and may consider any matter related to its implementation and operation. In particular, it shall be responsible for:

(a) taking decisions amending Annex I as regards the references to the law applicable in the Parties,

(b) taking decisions modifying Annex II as regard to geographical indications and exchanging information for that purpose,

(c) exchanging information on legislative and policy developments on geographical indications and any other matter of mutual interest in the area of geographical indications,

(d) cooperating on the development of alternative names for products that were once marketed by producers of a Party with terms corresponding to geographical indications of the other Party, especially in cases subject to a phasing out.

Parties shall notify each other if a geographical indication listed in Annex II ceases to be protected in the territory of the Party concerned. Following such notification, the Sub Committee shall modify Annex II in accordance with Article X.39.3 (b) to end the protection under this Agreement.

Only the Party in which the product originates is entitled to request the end of the protection under this Sub-Section of a geographical indication listed in Annex II.

4. Parties shall, either directly or through the Sub Committee, remain in contact directly on all matters relating to the implementation and the functioning of this Sub-Section. In particular, a Party may request from the other Party information relating to product specifications and their amendments, as well as contact points for control provisions.

5. A product specification referred to in this agreement shall be the one approved, including any amendments also approved, by the authorities of the Party in the territory from which the product originates.

6. Parties may make publicly available the product specifications or a summary thereof corresponding to the geographical indications of the other Party protected pursuant to this Sub-Section, in Portuguese, Spanish or English.

 

Sub-Section 5 - Patents

 

Article X.40

International treaties

The Parties shall make best efforts to adhere to the Patent Cooperation Treaty.[38]

 

Sub-Section 6 - Plant Varieties

 

Article X.41

International Agreements

Each Party shall protect plant varieties rights, in accordance with the International Convention for the Protection of New Varieties of Plants adopted in Paris on 2 December 1961, as revised in Geneva on November 10, 1972, and on October 23, 1978 (1978 UPOV ACT) or on March 19, 1991 (1991 UPOV ACT), and shall cooperate to promote the Protection of Plant Varieties.

 

Sub-Section 7 - Protection of Undisclosed Information

 

Article X.42

Scope of protection of trade secrets

1. In fulfilling its obligation under Article X.1.1 to comply with the TRIPS Agreement, and in particular paragraphs 1 and 2 of Article 39 of the TRIPS Agreement, each Party shall provide for appropriate civil judicial procedures and remedies for any person lawfully in control of a trade secret to prevent, and obtain redress for, the acquisition, use or disclosure of a trade secret whenever carried out in a manner contrary to honest commercial practices.

2. For the purpose of this subsection:

(a) 'trade secret' means information that:

(i) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;

(ii) has commercial value because it is secret; and

(iii) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

(b) 'trade secret holder’ means any natural or legal person lawfully controlling a trade secret.

3. For the purpose of this Sub-section, at least the following conducts shall be considered contrary to honest commercial practices:

(a) the acquisition of a trade secret without the consent of the trade secret holder, whenever carried out by unauthorised access to, appropriation of, or copying of any documents, objects, materials, substances or electronic files, lawfully under the control of the trade secret holder, containing the trade secret or from which the trade secret can be deduced:

(b) the use or disclosure of a trade secret whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions:

(i) having acquired the trade secret unlawfully;

(ii) being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; or

(iii) being in breach of a contractual or any other duty to limit the use of the trade secret.

(c) the acquisition, use or disclosure of a trade secret whenever carried out by a person who, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of point (b).

4. Nothing in this subsection shall be understood as requiring any Party to consider any of the following conducts as contrary to honest commercial practices:

(a) independent discovery or creation by a person of the relevant information;

(b) reverse engineering of a product by a person who is lawfully in possession of it and who is free from any legally valid duty to limit the acquisition of the relevant information;

(c) acquisition, use or disclosure of information required or allowed by the relevant domestic law;

(d) use by employees of their experience and skills honestly acquired in the normal course of their employment.

5. Nothing in this subsection shall be understood as restricting freedom of expression and information, including media freedom as protected in the jurisdiction of each of the Parties.

 

Article X.43

Civil judicial procedures and remedies of trade secrets

1. Each party shall ensure that the any person participating in the civil judicial proceedings referred to in Article X.42 (scope of protection of trade secrets) or who has access to documents which form part of those legal proceedings, is not permitted to use or disclose any trade secret or alleged trade secret which the competent judicial authorities have, in response to a duly reasoned application by an interested party, identified as confidential and of which they have become aware as a result of such participation or access.

2. In the civil judicial proceedings referred to in Article X.42 (scope of protection of trade secrets), each Party shall provide that its judicial authorities have the authority at least to:

(a) order provisional measures, as set out in the respective domestic laws and regulations, to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;

(b) order injunctive relief to prevent the acquisition, use or disclosure of the trade secret in a manner contrary to honest commercial practices;

(c) order the person that knew or ought to have known that he, she or it was acquiring, using or disclosing a trade secret in a manner contrary to honest commercial practices to pay the trade secret holder damages appropriate to the actual prejudice suffered as a result of the unlawful acquisition, use or disclosure of the trade secret;

(d) take specific measures to preserve the confidentiality of any trade secret or alleged trade secret produced in civil proceedings relating to the alleged acquisition, use and disclosure of a trade secret in a manner contrary to honest commercial practices. Such specific measures may include, in accordance with their respective domestic law, the possibility of restricting access to certain documents in whole or in part; of restricting access to hearings and their corresponding records or transcript; and of making available a non-confidential version of judicial decision in which the passages containing trade secrets have been removed or redacted.

(e) impose sanctions on parties, or other persons subject to the court’s jurisdiction for violation of judicial orders concerning the protection of a trade secret or alleged trade secret produced in that proceedings.

3. The Parties shall not be required to provide for the judicial procedures and remedies referred to in Article X.42 (scope of protection of trade secrets) when the conduct contrary to honest commercial practices is carried out, in accordance with their relevant domestic law, to reveal misconduct, wrongdoing or illegal activity or for the purpose of protecting a legitimate interest recognised by law.

 

Section C - Enforcement of intellectual property rights

 

Sub-Section 1 Civil and administrative enforcement

 

Article X.44

General obligations

1. Each Party reaffirms its commitments under the TRIPS Agreement and in particular under Part III thereof, and shall ensure the enforcement of intellectual property rights in accordance with its domestic law and within its own legal system and practice.

2. For the purposes of this Section unless otherwise provided, intellectual property rights refer to Article X.3.1 of this Chapter with the exception of rights referred to in Articles X.42 and X.43.

3. Procedures[39] adopted, maintained, or applied to implement the provisions of this Chapter shall be effective, fair and equitable shall not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays, and shall act as a deterrent to further infringements. Each Party shall take into account the need for proportionality among the infringement, the rights of all parties involved, the interests of third parties, and the applicable measures, remedies and penalties.

4. Procedures concerning the enforcement of intellectual property rights shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

5. It is understood that this Section does not create any obligation to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general and according to domestic law, nor does it affect the capacity of the Parties to enforce their law in general.

 

Article X.45

Persons Entitled to Apply for Procedures

Each Party shall recognise as persons entitled to seek application of the procedures concerning the enforcement of intellectual property rights referred to in this Section and in Part III of the TRIPS Agreement, in accordance with the domestic law where the procedure takes place at least :

(a) the holders of intellectual property rights;

(b) exclusive licensees, in so far as authorized by the right holders; and,

(c) intellectual property collective rights management bodies which are legally and expressly recognised as having a right to represent holders of intellectual property rights.

 

Article X.46

Evidence

1. Each Party shall ensure that, the competent judicial authorities may, on application by a party which has presented reasonably available evidence to support his claims that his intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information[40].

2. Such measures may include, the detailed description, with or without the taking of samples, or the physical seizure, of the alleged infringing goods, and, in appropriate cases, the documents relating thereto, subject to the protection of confidential information.

3. Each Party shall take the measures necessary, in cases of trademark counterfeiting or copyright piracy on a commercial scale[41], to enable the competent judicial authorities to order, where appropriate, on application by a party, and when necessary to determine the existence and extent of an infringement, the communication of relevant banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

4. Each Party shall ensure that the judicial authorities have the competence to subject the measures to preserve evidence to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant.

5. Where the measures to preserve evidence are revoked, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

 

Article X.47

Right of Information

1.Each Party shall ensure that, in cases of an infringement of intellectual property rights and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order the infringer and/or any other person to provide relevant information on the origin and distribution networks of the infringing goods or services.

(a) “Any other person” in this paragraph means a person who was:

(i) found in possession of the infringing goods on a commercial scale;

(ii) found to be using the infringing services on a commercial scale;

(iii) found to be providing on a commercial scale services used in infringing activities; or

(iv) indicated by the person referred to in subparagraph (i) to (iii) as being involved in the production, manufacture or distribution of the goods or the provision of the services.

(b) Relevant information may include information regarding any person involved on a commercial scale in the infringement or alleged infringement and regarding the means of production and distribution networks of the goods or services.

2. This Article shall apply without prejudice to other statutory provisions which:

(a) grant the right holder rights to receive fuller information;

(b) govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

(c) govern responsibility for misuse of the right of information;

(d) afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit his own involvement or that of his close relatives; or

(e) govern the protection of confidentiality of information sources or the processing of personal data.

 

Article X.48

Provisional and Precautionary Measures

1. Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional and precautionary measures, including an interlocutory injunction, against a party, or where appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction, to prevent an infringement of an intellectual property right from occurring, and in particular, to prevent infringing goods from entering into the channels of commerce.

2. An interlocutory injunction may also be issued to order the seizure or delivery up of goods suspected of infringing an intellectual property right, so as to prevent their entry into or movement within the channels of commerce.

3. In the case of an alleged infringement committed on a commercial scale, the Parties shall ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

4. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse.

 

Article X.49

Remedies

1. Each Party shall ensure that the competent judicial authorities may order, at the request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the destruction or at least the definitive removal from the channels of commerce, of goods that they have found to be infringing. Such goods may be used for the public interest. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements. In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.

2. The competent judicial authorities of each Party shall have the authority to order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

 

Article X.50

Injunctions

Each Party shall ensure that, when a judicial decision finds an infringement, the competent judicial authorities may issue against the infringer or, where appropriate, against a third party over whom the relevant judicial authority exercises jurisdiction an injunction aimed at prohibiting the continuation of the infringement.

 

Article X.51

Alternative Measures

1. Each Party may provide that the judicial authorities, in appropriate cases and upon request of the person liable to be subject to the measures provided for in Article X.49 (Remedies) and/or in this Article X.50 (Injunctions), may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article X.49 (Remedies) and/or in this Article X.50 (Injunctions), if it is found that the former acted unintentionally and without negligence, or if execution of the measures in question would cause him disproportionate harm or if pecuniary compensation to the injured party appears reasonably satisfactory[42].

 

Article X.52

Damages

1. Each Party shall ensure that the judicial authorities have the authority to, upon request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages appropriate to the actual prejudice suffered by him/her as a result of the infringement. When the competent judicial authorities set the damages:

(a) they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits[43] made by the infringer and, when applicable, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or

(b) as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

 

Article X.53

Legal Costs

Each Party shall provide that its judicial authorities, where appropriate, have the authority to order, at the conclusion of civil judicial proceedings concerning the enforcement of intellectual property rights, that the prevailing party be awarded payment by the losing party of legal costs and other expenses, as provided for under that Party`s law.

 

Article X.54

Publication of Judicial Decisions

Each Party shall ensure in cases of infringement of an intellectual property right that, unless this would be out of proportion to the seriousness of the infringement, the judicial authorities may order the publication of the decision.

 

Article X.55

Presumption of Authorship or Ownership

In at least provisional measures requested in civil proceedings involving copyright, each Party shall provide for a presumption that, in the absence of proof to the contrary, the person or entity whose name is indicated as the author or related right holder of the work or subject matter in the usual manner is the designated right holder in such work or subject matter.

 

Article X.56

Public awareness

The Parties shall take the necessary measures to enhance public awareness of protection of intellectual property including educational and dissemination projects on the use of intellectual property as well as on the enforcement of intellectual property rights.

 

Sub-Section 2 - Border enforcement

 

Article X.57

Consistency with GATT and TRIPS Agreement

In implementing border measures for the enforcement of intellectual property rights by customs, whether or not covered by this Sub-Section, each Party shall ensure consistency with their obligations under the GATT and TRIPS agreements and, in particular, with Article V of GATT agreement, Article 41 and Section 4 of the Part III of TRIPS agreement.

 

Article X.58

Border Measures

1. With respect to goods under customs control, each Party shall adopt or maintain procedures under which a right holder may submit applications requesting customs authorities to suspend the release or detain goods suspected of, at least, trademark counterfeiting, copyright and related rights piracy on a commercial scale or infringing of geographical indications (hereinafter referred to as “suspect goods”).

2. There shall be no obligation to apply the procedures set forth in this Sub-Section to goods in transit.

3. Each Party shall encourage the use of electronic systems for the management by customs of the applications granted or recorded.

4. Customs authorities shall inform the applicant within a reasonable period whether they have accepted the application.

5. Each Party shall provide for such application/recordation to apply to multiple shipments when so allowed in accordance with the provisions of the domestic law.

6. Each Party may provide that their customs authorities have the authority, with respect to goods under customs control, to act upon their own initiative to suspend the release of or detain suspect goods.

7. Customs authorities may use risk analysis to identify suspect goods.

8. Each Party may have in place administrative or judicial procedures, in accordance with the provisions of the domestic law, allowing for the destruction of goods suspected of trademark counterfeiting or copyright piracy on a commercial scale, where the persons concerned agree or do not oppose to the destruction. In the event that such goods are not destroyed, each Party shall ensure that they are disposed of outside commercial channels in such a manner to avoid any harm to the right holder.

9. There shall be no obligation to apply this Article to import of goods put on the market in another country by or with the consent of the right holders. A Party may exclude from the application of this Article goods of a non-commercial nature contained in travellers’ personal luggage.

10. The customs authorities of each Party shall maintain a regular dialogue and promote cooperation with the relevant stakeholders and with other authorities involved in the enforcement of the intellectual property rights referred to in paragraph 1.

11. The Parties agree to cooperate in respect of international trade in suspect goods and, in particular, to share information on such trade.

12. Without prejudice to other forms of cooperation, the Protocol on Mutual Administrative Assistance in Customs Matters will also be applicable with regard to breaches of legislation on intellectual property rights the enforcement of which falls within the competence of the customs authorities in accordance with this Article.

 

Section D - Final provisions

 

Article X.59

Cooperation

1. The Parties agree to cooperate with a view to supporting implementation of the commitments and obligations undertaken under this Chapter in view of Objectives set out in Article X.2 and Principles set out in Article X.4 of this Chapter.

2. The areas of cooperation include, but are not limited to, the following activities:

  1. The exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement;
  2. The exchange of experience between the Parties on legislative progress;
  3. The exchange of experience between the Parties on the enforcement of intellectual property rights;
  4. The exchange of experience between the Parties on enforcement at central and sub-central level by customs, police, administrative and judiciary bodies;
  5. Coordination to prevent exports of counterfeit goods, including with other countries;
  6. Technical assistance, capacity-building; exchange and training of personnel;
  7. The protection and defence of intellectual property rights and the dissemination of information in this regard in, inter alia, business circles and civil society;
  8. Public awareness of consumers and right holders; enhancement of institutional cooperation, particularly between the intellectual property offices;
  9. Actively promoting awareness and education of the general public on policies concerning intellectual property rights;
  10. Engaging with SMEs, including at SME-focused events or gatherings, regarding using, protecting and enforcing intellectual property rights;

(m) The application of the CBD and related instruments, and the domestic frameworks on access to genetic resources and associated traditional knowledge, innovations and practices;

(p) Facilitation of voluntary stakeholder initiatives to reduce intellectual property rights infringement, including over the internet and in other marketplaces;

(q) The exchange of information related to public domain in their territories.

[3. Without prejudice to paragraph 1 and 2 and to supplement them if necessary, the Parties agree to establish a Sub-Committee on Intellectual Property to follow up on the implementation of the provisions of this Chapter and any other relevant issue. This Sub-Committee shall be co-chaired by officials of both Parties and will meet at least once per year, except if the Parties agree otherwise. These meetings shall be carried out through any agreed means, including by video conference. The Sub-Committee on Intellectual Property will adopt its decisions by consensus. It may also adopt specific rules of procedure, by consensus.]

 

 

[1] For the purposes of Article X.5 “protection” shall include matters affecting the availability, acquisition, scope, maintenance and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Chapter.

[2] For the purposes of Article X.6, "indigenous and local communities" may include descendants of enslaved Africans and small scale farmers.

[3] Parties shall be free, in their domestic law, to use different names for the rights set out in this Sub-Section provided the agreed level of protection is ensured.

[4] For the purposes of this Sub-Section, the term “temporary” means reproduction for a limited period and does not include incidental or ephemeral reproduction. By “incidental” or “ephemeral” we understand the type of reproduction having the sole purpose of making a work accessible instead of making a copy.

[5] Fixation means the embodiment of sounds or images, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device.

[6] Each Party may grant more extensive rights as regards the communication to the public by broadcasting organisations.

[7] Each Party may grant more extensive rights, in place of the right to remuneration or in addition to this right, as regards the broadcasting and communication to the public of phonograms published for commercial purposes, to performers and producers of phonograms.

[8] Each Party may provide that the publication or lawful communication to the public of the fixation of the performance or of the phonogram must occur within a defined period of respectively the date of the performance (in the case of the performers) or the date of the fixation (in the case of producers of phonograms).

[9] This obligation only applies to trademarks registered after the date of adoption of the Nice classification criteria or of accession to the instrument.

[10] For the purpose of this Article, a Party may consider that a design having individual character is original.

[11] The Parties define in the Appendix to Annex II the plants varieties and animal breeds the use of which shall not be prevented.

[12] The Parties define in the Appendix to Annex II the terms for which protection is not sought/granted.

[13] In accordance with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, done at Nice on 15 June 1957, and its amendments.

[14] For greater certainty, the specific level of protection by each Mercosur Member as defined in paragraph 9 of Article X.35 applies only in favour of those prior users that are part of the prior users’ list of that particular Mercosur Member.

[15] List of prior users: to be included before the conclusion of the agreement.

[16] List of prior users: to be included before the conclusion of the agreement.

[17] List of prior users: to be included before the conclusion of the agreement.

[18] List of prior users: to be included before the conclusion of the agreement.

[19] List of prior users: to be included before the conclusion of the agreement.

[20] List of prior users: to be included before the conclusion of the agreement.

[21] List of prior users: to be included before the conclusion of the agreement.

[22] List of prior users: to be included before the conclusion of the agreement.

[23] List of prior users: to be included before the conclusion of the agreement.

[24] List of prior users: to be included before the conclusion of the agreement.

[25] List of prior users: to be included before the conclusion of the agreement.

[26] List of prior users: to be included before the conclusion of the agreement.

[27] List of prior users: to be included before the conclusion of the agreement.

[28] List of prior users: to be included before the conclusion of the agreement.

[29] List of prior users: to be included before the conclusion of the agreement.

[30] List of prior users: to be included before the conclusion of the agreement.

[31] List of prior users: to be included before the conclusion of the agreement.

[32] List of prior users: to be included before the conclusion of the agreement.

[33] List of prior users: to be included before the conclusion of the agreement.

[34] List of prior users: to be included before the conclusion of the agreement.

[35] List of prior users: to be included before the conclusion of the agreement.

[36] List of prior users: to be included before the conclusion of the agreement.

[37] List of prior users: to be included before the conclusion of the agreement.

[38] For the EU this provision can be fulfilled through adherence of its Member States.

[39] For the purposes of this Section, procedures also include measures and remedies.

[40] For the purposes of this Article confidential information may include personal data.

[41] A Party may extend the application of this paragraph to other intellectual property rights.

[42] In deciding what is “reasonably satisfactory” the judge may take into consideration the public interest.

[43] “Unfair profits” are those derived from the infringement, in accordance with domestic legislation.

 

 

ANNEX I

LEGISLATION OF THE PARTIES

 

1. ARGENTINA

GI

Ley 25.380 - Indicación Geográfica y Denominación de Origen de productos agrícolas y alimentarios

Ley 25.966 - Modificatoria de la Ley Nº 25.380

Resolución 546/2011 - Aprobación de signos distintivos

Resolución 587/2010 - Registro de Indicaciones Geográficas y Denominaciones de Origen de productos agrícolas y alimentarios

Decreto reglamentario 556/2009 - Reglamenta la Ley 25.380 y su modificatoria

GI wines and spirits

Ley 25.163 - Vinos y bebidas espirituosas de origen vínico

Decreto Reglamentario Nº 57/2004

Resolución C 11/04 (INV)

Resolución C 35/02 - Publicación edictos, conforme ley en vigencia (INV)

Resolución C 8/03 – Registro, protección y derecho al uso de una DOC (INV)

Resolución C 19/2012 – Condiciones para la elaboración de vinos con IG

 

2. BRAZIL

Instrução Normativa Nº 25/2013 (Instituto Nacional da Propriedade Industrial)

Lei da Propriedade Industrial N° 9279/1996

 

3. PARAGUAY

Ley Nº 4.923 – De indicaciones geográficas y denominaciones de origen y su Decreto Reglamentario N° 1286/2019

 

4. URUGUAY

Ley Nº 17.011 – Ley de marcas

Decreto Reglamentario Nº 34/999 – Reglamentación de la ley de marcas

 

5. EUROPEAN UNION

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012, on quality schemes for agricultural products and foodstuffs, with its implementing rules.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No1234/2007, with its implementing rules.

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008.

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/1991.

 

ANNEX II

 

Part A

Geographical indications of the European Union as referred to in Article X.33

Country

Designation Name

Product Type

Austria

Steirischer Kren

Vegetables

Austria

Steirisches Kürbiskernöl

Edible oils

Austria

Tiroler Almkäse

Cheeses

Austria

Tiroler Alpkäse

Cheeses

Austria

Tiroler Bergkäse

Cheeses

Austria

Tiroler Graukäse

Cheeses

Austria

Tiroler Speck

Pork Ham

Austria

Vorarlberger Alpkäse

Cheeses

Austria

Vorarlberger Bergkäse

Cheeses

Austria

Inländerrum

Spirit drinks

Austria

Jägertee

Liqueur

Austria

Jagertee

Liqueur

Austria

Jagatee

Liqueur

Austria

Belgium

Germany

Korn

Spirit drinks

Austria

Belgium

Germany

Kornbrand

Spirit drinks

Belgium

Beurre d'Ardenne

Oils and fats

Belgium

Fromage de Herve

Cheeses

Belgium

Gentse azalea

Flowers and ornamental plants

Belgium

Jambon d'Ardenne

Pork ham

Belgium

Pâté gaumais

Cooked meats

Belgium

Plate de Florenville

Vegetables

Belgium

Vin mousseux de qualité de Wallonie

Wine

Belgium

Vin de pays des jardins de Wallonie

Wine

Belgium

Crémant de Wallonie

Wine

Belgium

Côtes de Sambre et Meuse

Wine

Belgium

Peket-Pekêt

Spirit drinks

Belgium

Pèket-Pèkèt de Wallonie

Spirit drinks

Bulgaria

Българско розово масло (Bulgarsko rozovo maslo)

Essential oils

Bulgaria

Дунавска равнина (Dunavska ravnina)

Wine

Bulgaria

Тракийска низина (Trakiĭska nizina)

Wine

Cyprus

Λουκούμι Γεροσκήπου (Loukoumi Geroskipou)

Confectionery

Cyprus

Λεμεσός (Lemesos)

Wine

Cyprus

Κουμανδαρία (Commandaria)

Wine

Cyprus

Greece

Ouzo / Ούζο

Spirit drinks

Cyprus

Ζιβανία / Τζιβανία / Ζιβάνα / Zivania

Spirit drinks

Cyprus

Πάφος (Pafos)

Wine

Czech Republic

České pivo

Beers

Czech Republic

Českobudějovické pivo[1]

Beers

Czech Republic

Žatecký chmel

Hops

Germany

Allgäuer Bergkäse

Cheese

Germany

Allgäuer Emmentaler

Cheese

Germany

Bayerische Breze / Bayerische Brezn / Bayerische Brez’n / Bayerische Brezel

Bread

Germany

Bayerisches Bier

Beers

Germany

Bremer Bier

Beers

Germany

Dresdner Christstollen / Dresdner Stollen/ Dresdner Weihnachtsstollen

Pastry / cakes

Germany

Holsteiner Katenschinken / Holsteiner Schinken / Holsteiner Katenrauchschinken / Holsteiner Knochenschinken

Meat products

Germany

Hopfen aus der Hallertau

Hops

Germany

Münchener Bier[2]

Beers

Germany

Nürnberger Bratwürste ; Nürnberger Rostbratwürste

Meat products

Germany

Nürnberger Lebkuchen

Biscuits

Germany

Schwäbische Maultaschen / Schwäbische Suppenmaultaschen

Pasta

Germany

Schwäbische Spätzle / Schwäbische Knöpfle

Pasta

Germany

Schwarzwälder Schinken

Meat products

Germany

Tettnanger Hopfen

Hops

Germany

Baden

Wine

Germany

Franken

Wine

Germany

Mittelrhein

Wine

Germany

Mosel

Wine

Germany

Pfalz

Wine

Germany

Rheingau

Wine

Germany

Rheinhessen

Wine

Germany

Württemberg

Wine

Germany

Schwarzwälder Kirschwasser

Spirit drinks

Germany

Steinhäger[3]

Spirit drinks

Denmark

Danablu

Cheese

Greece

Ελιά Καλαμάτας (Elia Kalamatas)

Table olive

Greece

Καλαμάτα (Kalamata)

Olive oil

Greece

Κεφαλογραβιέρα (Kefalograviera)

Cheeses

Greece

Κολυμβάρι Χανίων Κρήτης (Kolymvari Chanion Kritis)

Olive oil

Greece

Κονσερβολιά Αμφίσσης (Konservolia Amfissis)

Table olive

Greece

Κορινθιακή Σταφίδα Βοστίτσα (Korinthiaki Stafida Vostitsa)

Fruits

Greece

Κρόκος Κοζάνης (Krokos Kozanis)

Saffron

Greece

Λυγουριό Ασκληπιείου (Lygourio Asklipiou)

Olive oil

Greece

Μανούρι (Manouri)

Soft lactoserum

Greece

Μαστίχα Χίου (Masticha Chiou)

Natural gums and resins

Greece

Σητεία Λασιθίου Κρήτης (Sitia Lasithiou Kritis)

Olive oil

Greece

Φέτα (Feta)[4]

Cheese

Greece

Αμύνταιο (Amyntaio)

Wine

Greece

Μαντινεία (Mantineia)

Wine

Greece

Νάουσα (Naousa)

Wine

Greece

Νεμέα (Nemea)

Wine

Greece

Ρετσίνα Αττικής (Retsina of Attiki)

Wine

Greece

Σάμος (Samos)

Wine

Greece

Σαντορίνη (Santorini)

Wine

Greece

Τσίπουρο (Tsipouro)

Spirit drinks

Spain

Aceite del Baix Ebre-Montsià ; Oli del Baix Ebre-Montsià

Olive oil

Spain

Aceite del Bajo Aragón

Olive oil

Spain

Antequera

Olive oil

Spain

Azafrán de la Mancha

Saffron

Spain

Baena

Olive oil

Spain

Cecina de León

Meat products

Spain

Cítricos Valencianos / Cítrics Valencians

Fruits

Spain

Dehesa de Extremadura

Meat products

Spain

Estepa

Olive oil

Spain

Guijuelo

Meat products

Spain

Idiazabal

Cheese

Spain

Jabugo

Meat products

Spain

Jamón de Teruel / Paleta de Teruel

Meat products

Spain

Jijona[5]

Confectionery

Spain

Les Garrigues

Olive oil

Spain

Los Pedroches

Meat products

Spain

Mahón-Menorca

Cheese

Spain

Polvorones de Estepa

Biscuits

Spain

Priego de Córdoba

Olive oil

Spain

Queso Manchego[6]

Cheese

Spain

Salchichón de Vic; Llonganissa de Vic

Meat products

Spain

Sierra de Cádiz

Olive oil

Spain

Sierra de Cazorla

Olive oil

Spain

Sierra de Segura

Olive oil

Spain

Sierra Mágina

Olive oil

Spain

Siurana

Olive oil

Spain

Sobrasada de Mallorca

Meat products

Spain

Turrón de Alicante[7]

Confectionery

Spain

Alicante

Wine

Spain

Bierzo

Wine

Spain

Calatayud

Wine

Spain

Campo de Borja

Wine

Spain

Cariñena

Wine

Spain

Castilla

Wine

Spain

Castilla y León

Wine

Spain

Cataluña

Wine

Spain

Cava

Wine

Spain

Empordà

Wine

Spain

Jerez-Xérès-Sherry[8]

Wine

Spain

Jumilla

Wine

Spain

La Mancha

Wine

Spain

Manzanilla-Sanlúcar de Barrameda

Wine

Spain

Navarra

Wine

Spain

Penedès

Wine

Spain

Priorat

Wine

Spain

Rías Baixas

Wine

Spain

Ribeiro

Wine

Spain

Ribera del Duero

Wine

Spain

Rioja[9]

Wine

Spain

Rueda

Wine

Spain

Somontano

Wine

Spain

Toro[10]

Wine

Spain

Utiel-Requena

Wine

Spain

Valdepeñas

Wine

Spain

Valencia

Wine

Spain

Yecla

Wine

Spain

Brandy de Jerez

Spirits drinks

Spain

Brandy del Penedés

Spirits drinks

Spain

Pacharán Navarro

Spirits drinks

Finland

Suomalainen Marjalikööri / Suomalainen Hedelmälikööri / Finsk Bärlikör / Finsk Fruktlikör / Finnish berry liqueur / Finnish fruit liqueur

Liqueur

Finland

Suomalainen Vodka / Finsk Vodka / Vodka of Finland

Spirits drinks

France

Beurre Charentes-Poitou ; Beurre des Charentes ; Beurre des Deux-Sèvres

Butter

France

Bleu d'Auvergne

Cheese

France

Bœuf de Charolles

Meat products

France

Brie de Meaux

Cheese

France

Brillat-Savarin

Cheese

France

Camembert de Normandie

Cheese

France

Canard à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)

Meats products

France

Cantal ; fourme de Cantal ; cantalet

Cheese

France

Chaource

Cheese

France

Comté[11]

Cheese

France

Emmental de Savoie

Cheese

France

Époisses

Cheese

France

Génisse Fleur d'Aubrac

Meat products

France

Gruyère[12]

Cheese

France

Huile essentielle de lavande de Haute-Provence / Essence de lavande de Haute-Provence

Essential oils

France

Huîtres Marennes Oléron

Fish products

France

Jambon de Bayonne

Meat products

France

Livarot

Cheese

France

Pont-l'Évêque[13]

Cheese

France

Pruneaux d'Agen[14]

Fruits

France

Reblochon / Reblochon de Savoie[15]

Cheese

France

Riz de Camargue

Rice

France

Roquefort[16]

Cheese

France

Sainte-Maure de Touraine

Cheese

France

Saint-Marcellin[17]

Cheese

France

Selles-sur-Cher

Cheese

France

Soumaintrain

Cheese

France

Alsace / Vin d'Alsace

Wine

France

Anjou

Wine

France

Beaujolais

Wine

France

Bordeaux[18]

Wine

France

Bourgogne[19]

Wine

France

Cahors

Wine

France

Chablis[20]

Wine

France

Champagne[21]

Wine

France

Châteauneuf-du-Pape

Wine

France

Côtes de Provence

Wine

France

Côtes du Rhône

Wine

France

Côtes du Roussillon

Wine

France

Fronton

Wine

France

Graves

Wine

France

Irouléguy

Wine

France

Languedoc

Wine

France

Madiran

Wine

France

Margaux[22]

Wine

France

Médoc

Wine

France

Pauillac

Wine

France

Pays d'Oc

Wine

France

Pessac-Léognan

Wine

France

Pomerol

Wine

France

Pommard

Wine

France

Romanée-Conti

Wine

France

Saint-Emilion

Wine

France

Saint-Estèphe

Wine

France

Saint-Julien

Wine

France

Sauternes

Wine

France

Touraine

Wine

France

Val de Loire

Wine

France

Armagnac

Spirit drinks

France

Calvados

Spirit drinks

France

Cognac[23]

Spirit drinks

France

Rhum de Guadeloupe

Spirit drinks

France

Rhum de la Martinique

Spirit drinks

Croatia

Baranjski kulen

Meat product

Croatia

Dalmatinski pršut

Meat product

Croatia

Drniški pršut

Meat product

Croatia

Istarski pršut / Istrski pršut

Meat product

Croatia

Krčki pršut

Meat product

Croatia

Dingač

Wine

Hungary

Szegedi szalámi ; Szegedi téliszalámi

Meat product

Hungary

Tokaj / Tokaji[24]

Wine

Hungary

Austria

Pálinka

Spirit drinks

Hungary

Törkölypálinka

Spirit drinks

Ireland

United Kingdom (Northern Ireland)

Irish Cream

Liqueur

Ireland

United Kingdom (Northern Ireland)

Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky

Spirit drinks

Italy

Aceto Balsamico di Modena

Vinegar

Italy

Aceto balsamico tradizionale di Modena

Vinegar

Italy

Aprutino Pescarese

Olive oil

Italy

Asiago[25]

Cheese

Italy

Bresaola della Valtellina

Meat products

Italy

Cantuccini Toscani / Cantucci Toscani

Biscuits

Italy

Culatello di Zibello

Meat products

Italy

Fontina[26]

Cheese

Italy

Gorgonzola[27]

Cheese

Italy

Grana Padano[28]

Cheese

Italy

Mela Alto Adige ; Südtiroler Apfel

Fruits

Italy

Mortadella Bologna[29]

Meat products

Italy

Mozzarella di Bufala Campana

Cheese

Italy

Pancetta Piacentina

Meat products

Italy

Parmigiano Reggiano[30]

Cheese

Italy

Pasta di Gragnano

Pasta

Italy

Pecorino Romano[31]

Cheese

Italy

Pomodoro S. Marzano dell'Agro Sarnese-Nocerino

Vegetables

Italy

Prosciutto di Parma[32]

Meat products

Italy

Prosciutto di San Daniele

Meat products

Italy

Prosciutto Toscano

Meat products

Italy

Provolone Valpadana

Cheese

Italy

Salamini italiani alla cacciatora

Meat products

Italy

Taleggio[33]

Cheese

Italy

Toscano

Olive oil

Italy

Zampone Modena

Meat products

Italy

Asti[34]

Wine

Italy

Barbaresco

Wine

Italy

Barbera d'Alba

Wine

Italy

Barbera d'Asti

Wine

Italy

Bardolino / Bardolino Superiore

Wine

Italy

Barolo

Wine

Italy

Brachetto d'Acqui / Acqui

Wine

Italy

Brunello di Montalcino

Wine

Italy

Campania

Wine

Italy

Chianti

Wine

Italy

Chianti Classico

Wine

Italy

Conegliano – Prosecco / Conegliano Valdobbiadene – Prosecco / Valdobbiadene – Prosecco

Wine

Italy

Dolcetto d'Alba

Wine

Italy

Emilia / dell'Emilia[35]

Wine

Italy

Fiano di Avellino

Wine

Italy

Franciacorta

Wine

Italy

Greco di Tufo

Wine

Italy

Lambrusco di Sorbara

Wine

Italy

Lambrusco Grasparossa di Castelvetro

Wine

Italy

Marca Trevigiana

Wine

Italy

Marsala[36]

Wine

Italy

Montepulciano d’Abruzzo

Wine

Italy

Prosecco[37]

Wine

Italy

Sicilia

Wine

Italy

Soave

Wine

Italy

Toscana / Toscano

Wine

Italy

Valpolicella

Wine

Italy

Veneto

Wine

Italy

Vernaccia di San Gimignano

Wine

Italy

Vino Nobile di Montepulciano

Wine

Italy

Grappa[38]

Spirit drinks

Lithuania

Originali lietuviška degtinė / Original Lithuanian vodka

Spirit drinks

Netherlands

Edam Holland

Cheese

Netherlands

Gouda Holland

Cheese

Netherlands

Hollandse geitenkaas

Cheese

Netherlands

Belgium

France

Germany

Genièvre / Jenever / Genever[39]

Spirit drinks

Poland

Polska Wódka / Polish Vodka

Spirit drinks

Poland

Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej / Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass

Spirit drinks

Portugal

Azeite de Moura

Olive oil

Portugal

Azeite do Alentejo Interior

Olive oil

Portugal

Azeites da Beira Interior (Azeite da Beira Alta, Azeite da Beira Baixa)

Olive oil

Portugal

Azeite de Trás-os-Montes

Olive oil

Portugal

Azeites do Norte Alentejano

Olive oil

Portugal

Azeites do Ribatejo

Olive oil

Portugal

Chouriça de Carne de Vinhais; Linguiça de Vinhais

Meat products

Portugal

Chouriço de Portalegre

Meat products

Portugal

Mel dos Açores

Honey

Portugal

Ovos Moles de Aveiro

Pastry / cakes

Portugal

Pêra Rocha do Oeste

Fruits

Portugal

Presunto de Barrancos / Paleta de Barrancos

Meat products

Portugal

Queijo S. Jorge

Cheese

Portugal

Queijo Serra da Estrela

Cheese

Portugal

Queijos da Beira Baixa (Queijo de Castelo Branco, Queijo Amarelo da Beira Baixa, Queijo Picante da Beira Baixa)

Cheese

Portugal

Açores

Wine

Portugal

Alentejano

Wine

Portugal

Alentejo

Wine

Portugal

Algarve

Wine

Portugal

Bairrada

Wine

Portugal

Beira Interior

Wine

Portugal

Carcavelos

Wine

Portugal

Dão

Wine

Portugal

Douro

Wine

Portugal

Duriense

Wine

Portugal

Lisboa

Wine

Portugal

Vinho da Madeira / Madère / Vin de Madère / Madera /Madeira Wein / Madeira Wine / Vino di Madera / Madeira Wijn / Madeira

Wine

Portugal

Madeirense

Wine

Portugal

Oporto / Port / Port Wine / Porto / Portvin / Portwein / Portwijn / vin du Porto / vinho do Porto[40]

Wine

Portugal

Palmela

Wine

Portugal

Pico

Wine

Portugal

Setúbal

Wine

Portugal

Távora-Varosa

Wine

Portugal

Tejo

Wine

Portugal

Trás-os-Montes

Wine

Portugal

Vinho Verde

Wine

Romania

Magiun de prune Topoloveni

Fruit

Romania

Salam de Sibiu

Meat products

Romania

Telemea de Ibăneşti

Cheese

Romania

Coteşti

Wine

Romania

Cotnari

Wine

Romania

Dealu Mare

Wine

Romania

Murfatlar

Wine

Romania

Odobeşti

Wine

Romania

Panciu

Wine

Romania

Recaş

Wine

Romania

Târnave

Wine

Romania

Pălincă

Spirit drinks

Romania

Ţuică Zetea de Medieşu Aurit

Spirit drinks

Romania

Vinars Târnave

Spirit drinks

Romania

Vinars Vrancea

Spirit drinks

Sweden

Svensk Aquavit / Svensk Akvavit / Swedish Aquavit

Spirit drinks

Sweden

Svensk Punsch / Swedish Punch

Spirit drinks

Sweden

Svensk Vodka / Swedish Vodka

Spirit drinks

Slovenia

Kranjska klobasa

Meat products

Slovenia

Kraška panceta

Meat products

Slovenia

Kraški pršut

Meat products

Slovenia

Kraški zašink

Meat products

Slovenia

Slovenski med

Honey

Slovenia

Štajersko prekmursko bučno olje

Oil

Slovakia

Vinohradnícka oblasť Tokaj

Wine

United Kingdom

Scotch Beef

Meat products

United Kingdom

Scottish Farmed Salmon

Fish products

United Kingdom

Welsh lamb

Meat products

United Kingdom

White Stilton cheese / Blue Stilton cheese

Cheese

United Kingdom

Scotch Whisky

Spirit drinks

 

Part B

Geographical indications of Mercosur as referred to in Article X.33

Country

Designation Name

Product Type

Argentina

25 de Mayo

Wines

Argentina

9 de Julio

Wines

Argentina

Agrelo

Wines

Argentina

Albardón

Wines

Argentina

Alto valle de Río Negro

Wines

Argentina

Angaco

Wines

Argentina

Añelo

Wines

Argentina

Arauco

Wines

Argentina

Avellaneda

Wines

Argentina

Barrancas

Wines

Argentina

Barreal

Wines

Argentina

Belén

Wines

Argentina

Cachi

Wines

Argentina

Cafayate - Valle de Cafayate

Wines

Argentina

Calingasta

Wines

Argentina

Castro Barros

Wines

Argentina

Catamarca

Wines

Argentina

Caucete

Wines

Argentina

Chapadmalal

Wines

Argentina

Chilecito

Wines

Argentina

Chimbas

Wines

Argentina

Colón

Wines

Argentina

Colonia Caroya

Wines

Argentina

Confluencia

Wines

Argentina

Córdoba Argentina

Wines

Argentina

Cruz del Eje

Wines

Argentina

Cuyo

Wines

Argentina

Distrito Medrano

Wines

Argentina

El Paraíso

Wines

Argentina

Famatina

Wines

Argentina

Felipe Varela

Wines

Argentina

General Alvear

Wines

Argentina

General Conesa

Wines

Argentina

General Lamadrid

Wines

Argentina

General Roca

Wines

Argentina

Godoy Cruz

Wines

Argentina

Guaymallén

Wines

Argentina

Iglesia

Wines

Argentina

Jáchal

Wines

Argentina

Jujuy

Wines

Argentina

Junín

Wines

Argentina

La Consulta

Wines

Argentina

La Paz

Wines

Argentina

Las Compuertas

Wines

Argentina

Las Heras

Wines

Argentina

Lavalle

Wines

Argentina

Luján de Cuyo

Wines

Argentina

Lunlunta

Wines

Argentina

Maipú

Wines

Argentina

Mendoza

Wines

Argentina

Molinos

Wines

Argentina

Neuquén

Wines

Argentina

Paraje Altamira

Wines

Argentina

Patagonia

Wines

Argentina

Pichimahuida

Wines

Argentina

Pocito

Wines

Argentina

Pomán

Wines

Argentina

Pozo de los Algarrobos

Wines

Argentina

Quebrada de Humahuaca

Wines

Argentina

Rawson

Wines

Argentina

Río Negro

Wines

Argentina

Rivadavia de San Juan

Wines

Argentina

Rivadavia de Mendoza

Wines

Argentina

Russel

Wines

Argentina

Salta

Wines

Argentina

San Blas de los Sauces

Wines

Argentina

San Carlos de Mendoza

Wines

Argentina

San Carlos de Salta

Wines

Argentina

San Javier

Wines

Argentina

San Juan

Wines

Argentina

San Martín de Mendoza

Wines

Argentina

San Martín de San Juan

Wines

Argentina

San Rafael

Wines

Argentina

Sanagasta

Wines

Argentina

Santa Lucía

Wines

Argentina

Santa María

Wines

Argentina

Santa Rosa

Wines

Argentina

Sarmiento

Wines

Argentina

Tafí

Wines

Argentina

Tinogasta

Wines

Argentina

Tucumán

Wines

Argentina

Tunuyán

Wines

Argentina

Tupungato - Valle de Tupungato

Wines

Argentina

Ullum

Wines

Argentina

Valle de Chañarmuyo

Wines

Argentina

Valle de Uco

Wines

Argentina

Valle del Pedernal

Wines

Argentina

Valle del Tulum

Wines

Argentina

Valle Fértil

Wines

Argentina

Valle de Zonda

Wines

Argentina

Valles Calchaquíes

Wines

Argentina

Valles del Famatina

Wines

Argentina

Vinchina

Wines

Argentina

Villa Ventana

Wines

Argentina

Vista Flores

Wines

Argentina

Zonda

Wines

Argentina

Alcauciles Platenses/ Alcachofas Platenses
Alcauciles Romanesco, Híbridos Violeta y Blanco

Fruit, vegetables and cereals fresh or processed - artichoke

Argentina

Chivito Criollo del Norte Neuquino / Chivito mamón /Chivito de veranada

Meat product -goat

Argentina

Cordero Patagónico

Meat product -lamb

Argentina

Dulce de Membrillo Rubio de San Juan

Other products - quince jam

Argentina

Melón de Media Agua, San Juan

Fruit, vegetables and cereals fresh or processed -cantaloupe

Argentina

Salame de Tandil

Meat product- salami

Argentina

Salame Típico de Colonia Caroya

Meat product- salami

Argentina

Yerba Mate Argentina/ Yerba Mate Elaborada con Palo

Beverages -Yerba Mate
     

Brazil

Alta Mogiana

Coffee

Brazil

Altos Montes

Wines and sparkling wines

Brazil

Cachaça

Sugar Cane Spirits - Cachaça

Brazil

Cachoeiro de Itapemirim

Marble

Brazil

Canastra

Cheese

Brazil

Carlópolis

Guava

Brazil

Cruzeiro do Sul

Cassava flour

Brazil

Farroupilha

White wine, sparkling wine and liqueur wine

Brazil

Linhares

Cocoa beans

Brazil

Litoral Norte Gaúcho

Rice

Brazil

Manguezais de Alagoas

Red propolis

Brazil

Mara Rosa

Turmeric

Brazil

Maracaju

Sausage

Brazil

Marialva

Fine table grapes

Brazil

Microrregião Abaíra

Sugar Cane Spirits - Cachaça

Brazil

Monte Belo

Wines and sparkling wines

Brazil

Mossoró

Melon

Brazil

Norte Pioneiro do Paraná

Coffee

Brazil

Oeste do Paraná

Honey

Brazil

Ortigueira

Honey

Brazil

Pampa Gaúcho da Campanha Meridional

Beef and meat products

Brazil

Pantanal

Honey

Brazil

Paraty

Sugar Cane Spirits - Cachaça

Brazil

Pelotas

Fine sweets

Brazil

Piauí

Cajuína

Brazil

Pinto Bandeira

Wines: red, white and sparkling wine

Brazil

Região da Própolis Verde de Minas Gerais

Green propolis

Brazil

Região da Costa Negra

Shrimps

Brazil

Região da Serra da Mantiqueira de Minas Gerais

Coffee

Brazil

Região de Pinhal

Coffee

Brazil

Região de Salinas

Sugar Cane Spirits - Cachaça

Brazil

Região do Cerrado Mineiro

Coffee

Brazil

São Bento de Urânia

Taro

Brazil

São Matheus

Mate herb

Brazil

Serro

Cheese

Brazil

Vale do Submédio São Francisco

Table grapes and mangos

Brazil

Vale dos Vinhedos

Wines: red, white and sparkling wine

Brazil

Vales da Uva Goethe

White wine, sparkling wine and liqueur wine
     

Paraguay*

Chorizo Sanjuanino

Meat products

Paraguay*

Batiburrillo de Misiones

Meat products

Paraguay*

Frutilla de Estanzuela

Fruits

Paraguay*

Mango de Areguá

Fruits

Paraguay*

Sandía de Valenzuela

Fruits

Paraguay*

Licor de Yegros

Spirits

Paraguay*

Vino de Independencia

Wines

Paraguay*

Yerbamate Paraguaya

Other beverages

Paraguay*

Stevia Paraguaya / Ka'a He'e del Paraguay

Other products

Paraguay*

Katuaba Paraguaya

Herbs

Paraguay*

Menta'i Paraguaya

Herbs

Paraguay*

Burrito Paraguayo

Herbs

Paraguay*

Chipa Barrero

Flour products

Paraguay*

Chipa de Coronel Bogado

Flour products

Paraguay*

Caña Paraguaya

Spirits

Paraguay*

Carne del Paraguay

Meat products

Paraguay*

Carne del Chaco

Meat products

Paraguay*

Miel Negra de caña paraguaya.

Sugar Cane Honey

Paraguay*

Melón de Yaguaron

Fruit

Paraguay*

Aceite de coco Paraguayo / Mbokaja

Coconut Oil

Paraguay*

Cecina so`o piru Paraguayo

Meat product

Paraguay*

Naranja de Itapua

Fruit

Paraguay*

Palmito Paraguayo

Vegetables
     

Uruguay

Bella Unión

Wines

Uruguay

Atlántida

Wines

Uruguay

Canelón Chico

Wines

Uruguay

Canelones

Wines

Uruguay

Carmelo

Wines

Uruguay

Carpinteria

Wines

Uruguay

Cerro Carmelo

Wines

Uruguay

Cerro Chapeu

Wines

Uruguay

Constancia

Wines

Uruguay

El Carmen

Wines

Uruguay

Garzón

Wines

Uruguay

José Ignacio

Wines

Uruguay

Juanico

Wines

Uruguay

La Caballada

Wines

Uruguay

La Cruz

Wines

Uruguay

La Puebla

Wines

Uruguay

Las Brujas

Wines

Uruguay

Las Violetas

Wines

Uruguay

Lomas De La Paloma

Wines

Uruguay

Los Cerrillos

Wines

Uruguay

Los Cerros De San Juan

Wines

Uruguay

Manga

Wines

Uruguay

Paso Cuello

Wines

Uruguay

Progreso

Wines

Uruguay

Rincón De Olmos

Wines

Uruguay

Rincón del Colorado

Wines

Uruguay

San José

Wines

Uruguay

Santos Lugares

Wines

Uruguay

Sauce

Wines

Uruguay

Sierra de la Ballena

Wines

Uruguay

Sierra de Mahoma

Wines

Uruguay

Suarez

Wines

Uruguay

Villa Del Carmen

Wines

Uruguay

Montevideo**

Wines

Uruguay

Sur de Florida**

Wines

Uruguay

Maldonado**

Wines

Uruguay

Sur de Rocha**

Wines

Uruguay

Colonia**

Wines

Uruguay

Soriano**

Wines

Uruguay

Rio Negro**

Wines

Uruguay

Salto**

Wines

Uruguay

Paysandú**

Wines

Uruguay

Artigas**

Wines

Uruguay

Rivera**

Wines

Uruguay

Tacuarembó**

Wines

Uruguay

Flores**

Wines

Uruguay

Norte de Florida**

Wines

Uruguay

Cerro Largo**

Wines

Uruguay

Norte de Lavalleja**

Wines

Uruguay

Norte de Rocha**

Wines

Uruguay

Colon**

Wines

Uruguay

La Paz**

Wines

Uruguay

San Carlos**

Wines

Uruguay

Santa Rosa**

Wines

Uruguay

Santa Lucía**

Wines

* The European Union shall offer the protection foreseen in this Agreement to this geographical indication once it becomes fully protected in Paraguay according to its domestic legislation and after the scrutiny and objection procedure is satisfactorily completed in the European Union following the request by Mercosur to grant such protection.

** Indica procedimiento anterior al registro previsto en el Decreto 283/93 (Ante CEE)

 

APPENDIX TO ANNEX II

1. As regards the list of geographical indications of the European Union set out in Part A of Annex II, the protection provided in accordance with Article X.35 of the Agreement is not sought in respect of the following individual terms, which are part of a compound geographical indication name:

"aceite", "aceto balsamico", "aceto balsamico tradizionale", “alla cacciatora” "almkäse", "alpkäse", “amarelo”,"aprutino" "aquavit", "akvavit", "apfel", "azafrán", "azalea", "azeite", "bärlikör", "beef", "bergkäse", "berry liqueur", "beurre", "bier", "bleu", "blue cheese", "bœuf", "brandy", "bratwürste", "bresaola", "breze", "brezn", "brez’n", "brezel", "brie", "cacciatora", "camembert", "canard à foie gras", "cantucci", "cantuccini", "cecina", "chmel", “chorizo”, "chouriça de carne"; "chouriço", "christstollen", "cítricos", "cítrics", "cream", "crémant", "culatello", "degtinė", "dehesa", "edam" "emmental", "emmentaler", "essence de lavande", "farmed salmon", "fleur” "fromage", "fruit liqueur", "fruktlikör", "geitenkaas", "génisse", "gouda", "graukäse", "hedelmälikööri", "herbal vodka", "hopfen", "huile essentielle de lavande", "huîtres", "jambon", "jamón", "katenschinken", "katenrauchschinken", "knochenschinken", "kirschwasser", "klobasa", "knöpfle", "kren", "kulen", "kürbiskernöl", "lamb", "lebkuchen", "linguiça", "llonganissa", "magiun de prune", "marjalikööri", "maultaschen", "med", "mel", "mela"; "měšťanský var", "mortadella", "mozzarella", "mozzarella di bufala", "oli", "olje",”original” "ovos moles", "pacharán", "paleta", "panceta", "pancetta", "pasta", "pâté", "pecorino", "pêra", “picante”,"pivo", "plate", "polvorones", "pomodoro", "prekmursko bučno olje", "presunto", "priego", "prosciutto", "provolone", "pršut", "pruneaux", "pruneaux mi-cuits", "punsch", "punch", "queijo", "queso", "rhum", "riz", "rostbratwürste", "salam", "salamini", "salchichón", "schinken", "sierra", "sobrasada", "spätzle", "speck", "stollen", "suppenmaultaschen", "szalámi", "téliszalámi", "telemea", "ţuică zetea", "turrón", "vin de pays", "vin mousseux de qualité", "vinars", "vinho", "vin", “vino”, "wein", "wine", "uisce beatha", "vinohradnícka oblasť", "vodka", "weihnachtsstollen", "whiskey", "whisky", "white cheese", “wijn”"wódka", "wódka ziołowa", "zampone", "zašink", "κονσερβολιά" (konservolia), "κορινθιακή σταφίδα" (korinthiaki stafida), "λουκούμι" (loukoumi), "μαστίχα" (masticha), "розово масло" (rozovo maslo).

2. As regards the list of geographical indications of Mercosur set out in Part B of Annex II, the protection provided in accordance with Article X.35 of the Agreement is not sought in respect of the following individual terms which are part of a compound geographical indication name:

"alcauciles", "alcachofas", "chivito", "criollo", "mamón", "veranda", "cordero", "dulce de membrillo", "melón", "salame", "salame típico", "mate", "yerba mate", "chorizo", "batiburrillo", "frutilla", "mango", "sandía", "poncho", "licor", "vino", "yerbamate", "stevia", "katuaba", "menta'i", "burrito", "caña", "miel negra de caña", "melón", "aceite de coco", "cecina", "naranja", "palmito".

3. Notwithstanding the protection of the following Mercosur designations, these terms may be used in the European Union for a non-originating product provided no other elements in the labelling or packaging of the said product would potentially create any consumer confusion as to the origin or nature of this product and do not infringe the geographical indication as protected in other ways:

"flores", "iglesia", "la cruz", "la paz", "las violetas", "molinos", "salto", "sarmiento".

4. As regards the list of geographical indications of the European Union set out in Part A of Annex II, as regards names of a plant variety or an animal breed existing in the territory of the Mercosur as of the date of entry into force of this Agreement, the European Union notes that the following terms related to a plant variety or an animal breed may continue being used, including in labelling, by Mercosur after the date of entry into force of the Agreement:

"Καλαμάτα" (Kalamata), "Valencia Late", "Alicante Buschet", "Cariñán", "Charolais" "Semillón", "Barbera", "Dolcetto", "Fiano", "Greco", "Lambrusco", "Lambrusco Grasparossa", "Montepulciano", "Trebbiano Toscano”

5. Notwithstanding the protection of the European Union designation "Cava", this term may be used in Mercosur for a non-originating product if it undisputedly refers to a synonym of "bodega" or "adega", thus referring to a wine cellar, and provided no other elements in the labelling or packaging of the said product would potentially create any consumer confusion as to the origin or nature of this product and do not infringe the geographical indication as protected in other ways.

6. Notwithstanding the protection of the European Union designation "Φέτα" (Feta), the protection provided in accordance with Article X.35 of the Agreement is not sought in respect of the Spanish expression "corte en fetas" (cut in slices) where this expression may apply concerning cheese products, except for white cheeses in brine, provided no other elements in the labelling or packaging of such products would potentially create any consumer confusion as to the origin or nature of those products and do not infringe the geographical indication "Φέτα" (Feta) as protected in other ways.

7. Notwithstanding the protection of the European Union designation “Danablu”, the protection provided in accordance with Article X.35 of the Agreement is not sought in respect of the Spanish expression “queso azul”.

8. Notwithstanding the protection of the geographical indication “Boeuf de Charolles”shall not prevent users of the term “Charolês” and “Charolez” in the territory of Brazil, indicating a product derived from the animal breed “Charolais”, to continue using these terms, provided these products are not commercialized using references (graphics, names, pictures, flags) to the genuine origin of the geographical indication or exploiting the reputation of the geographical indication, and provided the usage of the name of the animal breed name does not mislead the consumers or constitutes unfair competition with regard to the geographical indication.

 

ANNEX III

NON-AGRICULTURAL GIS IN BRAZIL

Franca

Footwear

Região das Lagoas Mundaú-Manguaba

Embroidery "Filé"

Divina Pastora

Lace

Cariri Paraibano

Renaissance lace

Paraíba

Colored cotton textiles

São João del Rei

Handcrafted tin pieces

Vale do Sinos

Finished leather

Pedro II

Precious opals and handcrafted opal jewelry

Goiabeiras

Clay Pots

Região do Jalapão do Estado do Tocantins

Golden Grass Crafts

 

NON-AGRICULTURAL GIS IN PARAGUAY

Aó Po'í de Yataity

Clothes, shoes

Ñanduti de Itaugua

Clothes, shoes

Poncho de Cordillera

Clothes, shoes

Piedra de Cerro Koi

Minerals

Cerámica de Areguá

Pottery

Hamaca Paraguaya

Handcrafts

Carbón del Chaco Paraguayo

Charcoal

Jabón de coco Paraguayo / Mbokaja

Other Product (Coconut soap)

 

 

[1] The protection of the geographical indication "Českobudějovické pivo" in the territories of Brazil and Paraguay is only sought in the Czech language.

Protection of the geographical indication “Českobudějovické pivo” is only sought in Czech language in Uruguay, and the geographical indication Českobudějovické pivo shall be displayed non-prominently in the back label of the beer containers.

Protection of the geographical indication “Českobudějovické pivo” is only sought in Czech language in Argentina, subject to the rights of trademark holders and provided that the geographical indication Českobudějovické pivo shall be displayed non-prominently in the back label of the beer containers.

[2] The protection of the geographical indication “Münchener Bier” shall not prevent the continued and similar use of the term “Münchener” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of the term “Münchener” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

The protection of the geographical indication "Münchener" in the territory of Paraguay is only sought in the German language.

[3] Provisions of Art. X35.9 apply

[4] The protection of the geographical indication “Φέτα (Feta)” shall not prevent the continued and similar use of the term “Feta” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina, Brazil and Uruguay. During those years, the use of the term “Feta” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[5] The protection of the geographical indication “Jijona” shall not prevent the continued and similar use of the term “Turrón de Jijona” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Paraguay. During those years, the use of the term “Turrón de Jijona” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[6] Provisions of Art. X35.9 apply.

[7] The protection of the geographical indication “Turrón de Alicante” shall not prevent the continued and similar use of the term “Turrón de almendras tipo Alicante” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Paraguay. During those years, the use of the term “Turrón de almendras tipo Alicante” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[8] The protection of the geographical indication “Jerez-Xérès-Sherry” shall not prevent the continued and similar use of the term “Jerez” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Jerez” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[9] Protection is not sought in the territory of Argentina.

[10] Protection is not sought in the territory of Argentina.

[11] The protection of the geographical indication “Comté” shall not prevent the continued and similar use of the term “Comté” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Brazil and Uruguay. During those years, the use of the term “Comté” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[12] Provisions of Art. X35.9 apply

[13] The protection of the geographical indication “Pont-l'Évêque” shall not prevent the continued and similar use of the term “Pont-l'Évêque” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of the term “Pont-l'Évêque” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[14] The protection of the geographical indication “Pruneaux d’Agen” shall not prevent the continued and similar use of the term “D’Agen” and “Ciruela D’Agen” by any persons, including their successors and assignees, for a maximum of 10 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “D’Agen” and “Ciruela D’Agen” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[15] The protection of the geographical indication “Reblochon / Reblochon de Savoie” shall not prevent the continued and similar use of the term “Reblochon” y “Rebleusson” by any persons, including their successors and assignees, for a maximum of 5 years in the territory of Argentina and Brazil, and for a maximum of 7 years in the territory of Uruguay, from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods. During those years, the use of the term “Reblochon” and “Rebleusson” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[16] The protection of the geographical indication “Roquefort” shall not prevent the continued and similar use of the term “Roquefort” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Brazil and Uruguay. During those years, the use of the term “Roquefort” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[17] The protection of the geographical indication “Saint-Marcellin” shall not prevent the continued and similar use of the term Saint-Marcellin” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Brazil and Uruguay. During those years, the use of the term “Saint-Marcellin" must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[18] The protection of the geographical indication “Bordeaux” shall not prevent the continued and similar use of the vine variety “Bordô” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of vine variety “Bordô” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[19] The protection of the geographical indication “Bourgogne” shall not prevent the continued and similar use of the term “Borgoña” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Borgoña” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[20] The protection of the geographical indication “Chablis” shall not prevent the continued and similar use of the term “Chablis” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Chablis” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[21] The protection of the geographical indication “Champagne” shall not prevent the continued and similar use of the terms “Champagne”, “Champaña” and “Método/Méthode Champenoise” by any persons, including their successors and assignees, for a maximum of 10 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina, Brazil, Paraguay and Uruguay. During those years, the use of the terms “Champagne”, “Champaña” and “Método/Méthode Champenoise” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[22] The protection of the geographical indication “Margaux” shall not prevent the continued and similar use of the vine variety “Margot” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of vine variety “Margot” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[23] The protection of the geographical indication “Cognac” shall not prevent the continued and similar use of the term “Cognac” and “Coñac” in the territory of Argentina by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, and of the term “Conhaque” in the territory of Brazil by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods. During those years, the use of the term “Cognac”, “Coñac” and “Conhaque” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[24] The protection of the geographical indication “Tokaj/Tokaji” shall not prevent the continued and similar use of the terms “Tokaj/Tokaji /Tocai” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Brazil. During those years, the use of the terms “Tokaj/Tokaji/Tocai” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[25] The protection of the geographical indication “Asiago” shall not prevent the continued and similar use of the term “Asiago” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Brazil and Uruguay. During those years, the use of the term “Asiago” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[26] Provisions of Art. X35.9 apply

[27] The protection of the geographical indication “Gorgonzola” shall not prevent the continued and similar use of the term “Gorgonzola” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina, Paraguay and Uruguay. During those years, the use of the term “Gorgonzola” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

Provisions of Art. X35.9 apply

[28] The protection of the geographical indication “Grana Padano” shall not prevent the continued and similar use of the term “Grana” and “Tipo Grana Padano” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Grana” and “Tipo Grana Padano” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

Provisions of Art. X35.9 apply

[29] The protection of the geographical indication “Mortadella Bologna” shall not prevent the continued and similar use of the term “Mortadela Bologna” and “Mortadela tipo Bologna” by any persons, including their successors and assignees, for a maximum of 10 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of the terms “Mortadela Bologna” and “Mortadela tipo Bologna” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[30] Provisions of Art. X35.9 apply

[31] The protection of the geographical indication “Pecorino Romano” shall not prevent the continued and similar use of the terms “Romano” and “Romanito” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Uruguay. During those years, the use of the terms “Romano” and “Romanito” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[32] The protection of the geographical indication “Prosciutto di Parma” shall not prevent the continued and similar use of the term “Presunto tipo Parma” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of the term “Presunto tipo Parma” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[33] The protection of the geographical indication “Taleggio” shall not prevent the continued and similar use of the term “Taleggio” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Brazil. During those years, the use of the term “Taleggio” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[34] The protection of the geographical indication “Asti” shall not prevent the continued and similar use of the term “método Asti” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Brazil. During those years, the use of the “método Asti” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[35] The protection of the geographical indication Emilia/Dell’Emilia shall only be effective in the territory of Argentina upon registration of the trademark Emilia Nieto Senetiner therein unless the application for such registration of the trademark is withdrawn.

[36] The protection of the geographical indication “Marsala” shall not prevent the continued and similar use of the term “Marsala” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Marsala” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[37] The protection of the geographical indication “Prosecco” shall not prevent the continued and similar use of the vine variety “Prosecco” and “Proseco” by any persons, including their successors and assignees, for a maximum of 5 years from the entry into force of this Agreement in the territory of Argentina and Paraguay and for a maximum of 10 years from the entry into force of this Agreement in the territory of Brazil, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina, Paraguay and Brazil. During those years, the use of vine variety “Prosecco” and “Proseco” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

[38] The protection of the geographical indication “Grappa” shall not prevent the continued and similar use of the term “Grappa” “Grapa” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territories of Argentina and Brazil. During those years, the use of the term “Grappa” or “Grapa” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.

Provisions of Art. X35.9 apply

[39] Provisions of Art. X35.9 apply.

[40] The protection of the geographical indication “Oporto / Port / Port Wine / Porto / Portvin / Portwein / Portwijn / vin du Porto / vinho do Porto” shall not prevent the continued and similar use of the term “Oporto” by any persons, including their successors and assignees, for a maximum of 7 years from the entry into force of this Agreement, provided that at the entry into force of this Agreement they have used that geographical indication in a continuous manner with regard to the same or similar goods in the territory of Argentina. During those years, the use of the term “Oporto” must be accompanied with a legible and visible indication of the geographical origin of the product concerned.