Geographical indications are protected by the legislation on distinctive signs (trademarks), there being no unfair competition legislation law in the country. Within geographical indications the domestic legislation distinguishes between appellations of origin and indications of source. The latter enjoy protection without the need for registration (Article 74 of Law No. 17.011), while appellations of origin must be registered in order to obtain protection.
There are two regimes of protection: the regime under Law No. 17.011, which protects distinctive signs and covers all products and services, and the regime established by the National Institute of Wine Production (Instituto Nacional de Vitivinicultura) (INAVI)) for wines and spirits, which therefore enjoy a double system of protection.
Articles 4.4 and 5.7 and Chapter XII on geographical indications of Law No. 17.011 of 25 September 1998 and Articles 64 to 72 of Regulatory Decree No. 34/999 of 3 February 1999 fulfil the requirements of Article 22.2 of the TRIPS Agreement. As for the protection required under Article 23.1, that is included within the above-mentioned protection. The texts of the above-mentioned law and decree are attached. The National Institute of Wine Production should be consulted with regard to the regulations which they apply.
At the moment there are no domestic geographical indications protected under Law No. 17.011. With regard to the protection regime established by INAMHI, that body itself should be consulted.
All products and services enjoy the same level of protection under Law No. 17.011.
Article 73 of Law No. 17.011 states that "geographical indications consist of indications of source and appellations of origin". Article 74 establishes that an "indication of source is the use of a geographical name on a product or service that identifies the place of extraction, production or manufacture of a given product or the provision of a given service as the source", while Article 75 provides that an "appellation of origin is the geographical name of a country, a city, a region or a locality used to designate a product or service whose qualities or characteristics are exclusively or essentially due to the geographical environment, including natural or human factors".
Those specified in the above-mentioned law.
Yes, human factors are involved.
In the case of wines and spirits it is INAVI, and for other products or services it is the competent authority in that field.
There is no specific legal provision relating to homonymous geographical indications for wines in Law No. 17.011.
Yes, Articles 65 and 67 of Regulatory Decree No. 34/999.
There is none.
Neither the one nor the other (Article 65 of Regulatory Decree No. 34/999).
The National Directorate of Industrial Property and INAVI.
They must be based on the initiative of an entity or person.
A fee of 12 Adjustable Units must be paid for a single kind and 7 Adjustable Units for each additional kind when applying for registration, there being no fee for their maintenance.
There are no criteria as such, but there are legal requirements, such as the quality requirement for the protection of appellations of origin.
Please refer to the previous answer.
[Answer 21: There are no criteria as such, but there are legal requirements, such as the quality requirement for the protection of appellations of origin.]
The registration of national appellations of origin must be accompanied by a statement certifying that they have been granted by the competent authority. In the case of domestic wine production the certificate must be issued by the INAVI. In the case of the registration of foreign appellations of origin already recognized in the country of origin, that fact must be certified in the application.
There is a procedure to oppose recognition; it is governed by Article 69 of Regulatory Decree No. 34/999.
Third parties with a direct, personal and legitimate interest may oppose recognition.
The same procedure.
There is no time-limit for appellations of origin once they have been registered (Article 71 of Decree No. 34/999).
There is no provision for such action.
There are no provisions covering non-use. In the second case, an administrative action for annulment could be brought.
It may be used once recognition has been granted.
Use is not required.
In the case of a licence for use, this will be governed by the provisions of the civil law applicable to such contracts.
The procedures of the civil law will apply under the General Code of Procedure.
There are no provisions relating to the use of the appellation of origin.
[Answer 40: There are no provisions relating to the use of the appellation of origin.]
As stated in the reply to question 38, licences may be granted in response to the wish of the parties and in accordance with the relevant provisions of the civil law.
[Answer 38: In the case of a licence for use, this will be governed by the provisions of the civil law applicable to such contracts.]
Article 79 of Law No. 17.011 excludes from the prohibition on use those geographical indications identifying wines and spirits that have been used in a continuous manner for at least 10 years preceding 15 April 1994.
Domestic legislation does not allow the registration of appellations of origin as trademarks. However, indications of source may be registered as trademarks provided that their use is not liable to create confusion regarding the origin, source, qualities or characteristics of the goods or services for which the trademark is used.
As has already been stated, different signs have different types of protection.
In the event of a protected geographical indication being registered as a trademark the interested party will be able to apply for it to be annulled.
Rights are enforced by means of administrative proceedings before the National Directorate of Industrial Property, an application for annulment before the Administrative Tribunal, and civil and criminal proceedings before the competent courts.
The right holder.
As have already stated, the National Directorate of Industrial Property, the Administrative Tribunal and the judiciary. Yes, fees and taxes must be paid if the judiciary is involved.
A single notification is made through the Industrial Property Bulletin.
Article 85 of Law No. 17.011 provides for the application of the criminal provisions contained in Articles 81 to 84 against those infringing the rules on appellations of origin.
Uruguay is a party to the Paris Convention, ratified by Decree-Law No. 14.910, and the TRIPS Agreement, which it ratified by Law No. 16.671. In the regional context it has signed the MERCOSUR protocol on trademarks and appellations of origin, which was ratified by Law No. 17.052.
Only those mentioned in the previous paragraph.
[Answer 53: Uruguay is a party to the Paris Convention, ratified by Decree-Law No. 14.910, and the TRIPS Agreement, which it ratified by Law No. 16.671. In the regional context it has signed the MERCOSUR protocol on trademarks and appellations of origin, which was ratified by Law No. 17.052.]
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