Information for Review under TRIPS Art. 24.2 (Checklist of Questions on GIs) - View details of the document

Iceland

The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.

The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.

The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.

Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.

The protection is provided through the provisions of the Acts mentioned in the preceding answers.

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

There are no cases.

The higher level of protection for wines and spirits is not provided for any other product.

Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.

The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.

In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.

There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.

There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.

The proceedings relating to the use of a misleading geographical indication as mentioned in response to previous questions apply to all indications no matter the origin.

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

[Answer 13: There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.]

[Answer 14: The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.]

There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin.

There is no formal system for recognition of geographical indications.

The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.

The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.

There are no fees involved.

No criteria or information are to be set out in this context (cf. the reply to the previous questions).

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

[Answer 13: There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.]

[Answer 14: The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.]

[Answer 15: The proceedings relating to the use of a misleading geographical indication as mentioned in response to previous questions apply to all indications no matter the origin.]

[Answer 16: There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin.]

[Answer 17: There is no formal system for recognition of geographical indications.]

[Answer 18: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 19: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 20: There are no fees involved.]

No criteria or information are to be set out in this context (cf. the reply to the previous questions).

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

[Answer 13: There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.]

[Answer 14: The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.]

[Answer 15: The proceedings relating to the use of a misleading geographical indication as mentioned in response to previous questions apply to all indications no matter the origin.]

[Answer 16: There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin.]

[Answer 17: There is no formal system for recognition of geographical indications.]

[Answer 18: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 19: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 20: There are no fees involved.]

No criteria or information are to be set out in this context (cf. the reply to the previous questions).

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

[Answer 13: There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.]

[Answer 14: The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.]

[Answer 15: The proceedings relating to the use of a misleading geographical indication as mentioned in response to previous questions apply to all indications no matter the origin.]

[Answer 16: There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin.]

[Answer 17: There is no formal system for recognition of geographical indications.]

[Answer 18: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 19: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 20: There are no fees involved.]

No criteria or information are to be set out in this context (cf. the reply to the previous questions).

[Answer 1: The protection of geographical indications is provided through provisions in the Icelandic Competition Act, No. 8 of 9 July 1993. There is no formal procedure for notification or registration before protection is available. Registration is not required for recognition of a geographical indication.]

[Answer 2: The Icelandic Competition Act provides the general protection of geographical indications, i.e. prohibition against unfair competition and misleading advertising. A single regime of geographical protection does not exist. However, the general clause in Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, stipulates that foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product, nature, sort, composition, quantity, characteristics or effect. Article 14.1.2 of the Icelandic Trademark Act also provides for a protection for geographical indications and in paragraph 3 of Article 14 there is a special provision regarding wines and spirits.]

[Answer 3: The protection ensured through the Acts mentioned in the preceding answers applies to all kinds of marketing practices incompatible with good marketing practices; the protection extends also to services.]

[Answer 4: Article 21 of the Icelandic Competition Act, No. 8 of 9 July 1993, provides for a protection against misleading advertising. This provision includes the use of geographical indications calculated to mislead. In Article 29, paragraph 3, there is a special provision which prohibits the sale of goods of foreign origin, if the goods have been marked with the Icelandic flag, Iceland's coat of arms or other similar markings of national origin. According to Article 11 of The Icelandic Food Act, No. 93 of 28 June 1995, foodstuffs must not be sold under circumstances which can result in the consumer being misled concerning the origin of the product. In respect of trademarks, the provisions in Article 14.1.2 and 14.3 of the Trademark Act are in compliance with Articles 22.2 and. 23.1 of the TRIPS Agreement.]

[Answer 5: The protection is provided through the provisions of the Acts mentioned in the preceding answers.]

[Answer 6: There are no cases.]

[Answer 7: The higher level of protection for wines and spirits is not provided for any other product.]

[Answer 8: Geographical indications are not specially defined. The Icelandic Competition Act and the Food Act provide for a general prohibition against acts which can mislead the public. This would include all kinds of misleading information about the geographical origin of the product or service.]

[Answer 9: The protection applies to all kinds of misleading information, it will probably cover such indirect links to specific regions.]

[Answer 10: In determining whether recognition should be given a geographical indication, the main criterion is whether the geographical indication is known as a geographical indication by the public.]

[Answer 11: There does not have to be any human creativity involved in the making of geographical indication whose use could be prohibited under the Competition Act or other Acts mentioned in response to previous questions.]

[Answer 12: Other intellectual property rights may be involved in cases where the geographical indication is applied for as a trademark according to the Icelandic Trademarks Act.]

[Answer 13: There is no authority which generally "defines" the geographic region or area for which rights are claimed. Principally, it is the Court which decides whether the use of a geographical indication is misleading according to the Acts mentioned in the answers to the preceding questions. However, the Competition Authorities may, in their decisions concerning misleading geographical indication, have to define a geographic region.]

[Answer 14: The interpretation of the Icelandic Competition Act and Food Act is always based on a specific judgement of how a homonymous geographical indication is able to mislead the public as to the origin of wine.]

[Answer 15: The proceedings relating to the use of a misleading geographical indication as mentioned in response to previous questions apply to all indications no matter the origin.]

[Answer 16: There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin.]

[Answer 17: There is no formal system for recognition of geographical indications.]

[Answer 18: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 19: The protection of geographical indications can be obtained through the procedures laid down in the Icelandic Competition Act.]

[Answer 20: There are no fees involved.]

The protection of geographical indications in Iceland is not based on a system of recognition but rather on prohibition against misleading use of a geographical indication. The recognition of a geographical indication is in this context based on procedure before the Competition Authorities or a normal court procedure where the defendant has the possibility of opposing the claim that his indication is misleading.

The protection of geographical indications in Iceland is not based on a system of recognition but rather on prohibition against misleading use of a geographical indication. The recognition of a geographical indication is in this context based on procedure before the Competition Authorities or a normal court procedure where the defendant has the possibility of opposing the claim that his indication is misleading.

The protection of geographical indications in Iceland is not based on a system of recognition but rather on prohibition against misleading use of a geographical indication. The recognition of a geographical indication is in this context based on procedure before the Competition Authorities or a normal court procedure where the defendant has the possibility of opposing the claim that his indication is misleading.

There is no prescribed time-limit.

There is no such specific system for renewal or reaffirmal of the protection of geographical indications.

There are no requirements of use in this context.

There are no provisions on specified limits for non-use in this context.

There are no specific provisions laid down in this context.

There are no specific provisions laid down in this context.

There are no such means.

Actions against misleading use of a geographical indication can be initiated both by the Icelandic authorities and by other entities or persons having a "legal interest" in the matter.

If someone is entitled to use a geographical indication which is not misleading, no additional criteria are required.

This issue is decided in the particular proceeding before the Competition Authorities or by the Court.

There are no fees involved in this context.

The normal procedures under the Icelandic Competition Act would apply.

There are no specific provisions in this respect.

Such conflicts are resolved through the normal procedures under the Competition Act.

There are no licensing provisions concerning geographical indications.

There are no provisions in this respect, but the "grandfather use" will be considered by the competent authorities if claimed by one of the parties.

According to the Icelandic Trademark Act, a trademark that consists solely of a geographical indication cannot be registered except if it has acquired distinctiveness through use (Articles 13 and 14). Many figurative marks which contain geographical indications as an element can, however, be registered, if the applicant resides in the region or if the products originate from the region. Such trademark registration will not be affected by a subsequent recognition of a geographical indication.

Reference is made to the answer to question No. 44 above.

[Answer 44: According to the Icelandic Trademark Act, a trademark that consists solely of a geographical indication cannot be registered except if it has acquired distinctiveness through use (Articles 13 and 14). Many figurative marks which contain geographical indications as an element can, however, be registered, if the applicant resides in the region or if the products originate from the region. Such trademark registration will not be affected by a subsequent recognition of a geographical indication.]

The procedures are the normal procedures which apply in case of any trademark conflict, i.e. both administrative procedures and normal civil procedures before the courts of law. According to Article 22 of the Icelandic Trademark Act, interested parties can oppose the registration of a trademark. The opposition shall be filed to the Patent Office. In Chapter III of the Icelandic Trademark Act, there are provisions concerning cancellation of registration. A trademark which has been registered contrary to the Act may be cancelled by verdict of a Court.

The grounds for refusal are laid down in Articles 13 and 14 of the Trademark Act. According to Article 22 of the Icelandic Trademark Act, interested parties can oppose the registration of a trademark. The opposition shall be filed to the Patent Office. In Chapter III of the Icelandic Trademark Act, there are provisions concerning cancellation of registration. A trademark which has been registered contrary to the Act may be cancelled by verdict of a Court. According to Article 21 of the Competition Act, misleading information, including geographical indications, are prohibited. In Chapter 13 of the Competition Act, there are provisions concerning the enforcement procedure and sanctions applicable.

The Icelandic authorities (The Patent Office) ensure ex officio as a part of the examination procedure and opposition procedure from third parties that geographical indications are not registered as trademarks. The Competition authorities can bring actions against the users of misleading information regarding geographical indications. Furthermore, any person or entity is entitled to enforce a geographical indication (cf. the Icelandic Trademarks Act and the Competition Act.)

Measures in this respect can be taken by courts of law and by the Competition Authorities.

There are no provisions on notifying the public about the existence of geographical indications.

The sanctions against violations of the Competition Act are fines, punitive custody or imprisonment for up to four years in serious cases. Deprivation of rights in accordance with Article 68 of the General Penal Act may be adjudged and fines be adjudged concurrently with custody or imprisonment, if the conditions set in Article 49 of the General Penal Act are fulfilled.

Iceland is not party to any agreement with specific aim of protecting geographical indications, but Iceland is party to the Madrid Protocol, the Paris Convention and of course the TRIPS Agreement.

Iceland is not party to any other agreements in this field.