Ochrona nazw geograficznych służących oznaczaniu pochodzenia towarów
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Date
1984
Authors
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Protection of geographical names designed to brand origin of products
Abstract
Products in a market are often branded with geographical names to get individual
tint and indicate a place of their origin. Originating from a certain geographical
region can sometimes be an attractive additional value for a consumer, on account of the established reputation or because of other reasons influencing
his buying decision. Geographical names became therefore an instrument of commercial
marketing which is also used to gain a higher market share.
Legislations of many countries laid down protection of geographical names
in consideration of the above, indicating at point of origin of products. The author
describes the way of regulating protection of geographical names in selected countries
with due regard paid to the Federal Republic of Germany and France.
Legal status of geographical names is differantiated. Separate regulation is particularly
reserved to the so called brand names of origin (appellations of origin,
appellation d'origine, ursprungsbezeichnung).
Normative basis for protection of names indicating at origin of products or
services from a. certain geographical region in Poland is art. 4 of the Unfair
Competition Act of 1926. According to the cited provision geographical names designating
origin of products are subject of common right of all persons operating
firms on a given territory. In case of illegal usage of geographical names these
persons and enterpreneurs selling these products are allowed several claims mentioned
in the Act.
The author discusses a nature of rights allowed to subjects mentioned in
the Act reaching the conclusion that it is here a case of sui generis imperative
rights. Their peculiar character lies in the fact that a circle of entitled persons
is not defined and that these rights are unlimited in time and their formation and
lasting are not conditioned by performing any formalities.
Next, the author discusses conditions and possibilities of using geographical
names in character of other distinguishing signs (brands of products in particular).
Protection of geographical names is regulated in many legal acts of international
range. The following belong to them:
a) Paris Convention of 1883 on the protection of industrial property,
b) Madrid Agreement of 1891 on prosecution of feigned or misleading designations
of origin,
c) Lisbon Agreement of 1958 on international registration of names of origin,
d) bilateral international treaties.
The author discusses these acts indicating at problems which are still awaiting
satisfactory solution.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 1, s. 119-135