Protection is provided for geographical indications for wines and spirits for foreign countries. (See the answer to question 8 above.) For geographical indications for other goods or services from foreign countries, trademark protection would have to be obtained, or the requirements for an action under Section 7 of the Trade-marks Act, under Article 1457 of the Civil Code of Quebec, or under the common law tort of passing off would have to be met. (See answers to questions 1 and 5 above.)
[Answer 8: Geographical indications for wines and spirits are defined in Section 2 of the Trade-marks Act, which reads as follows: "geographical indication" means, in respect of a wine or spirit, an indication that: "(a) identifies the wine or spirit as originating in the territory of a WTO Member, or a region or locality of that territory, where a quality, reputation or other characteristic of the wine or spirit is essentially attributable to its geographical origin; and "(b) except in the case of an indication identifying a wine or spirit originating in Canada, is protected by the laws applicable to the WTO Member." Geographical indications for other goods or services are not defined in the Act.]
[Answer 1: Geographical indications may be protected through a number of different means. For goods and services in general, protection is provided in the common law provinces through the common law of passing off; in Quebec, under Article 1457 of the Civil Code of Quebec. In addition, paragraph 7 d)i) of the Trade-marks Act prohibits making use, in association with wares or services, of any description that is false in a material respect and likely to mislead the public as to ... the geographical origin ... of the wares or services. Also, the owner of rights in such geographical indications may apply for protection, as a registered trademark, if the requirements of the Act are met. For wines and spirits, specific provisions are contained in Section 11.11 through 11.2; paragraphs 12 1)g) and h); Subs. 20(2); and the definition of "geographical indication" contained in Section 2 of the Trade-marks Act. These provisions enable a responsible authority to request that a geographical indication be placed on a protected list.]
[Answer 5: (Please refer to the answer to question 1 above). In a common law action for passing off, the plaintiff must prove that his or her goods or services have acquired a reputation or goodwill, that the defendant is trading on that reputation or goodwill, and that damages are being or will be suffered as a result. The relief in such actions is monetary damages and/or injunction. In an action based on Article 1457 of the Civil Code of Quebec, a plaintiff must prove the basic conditions of civil liability, i.e., fault, damage and causal connection. In this case, fault would consist of non-authorized use of reputation or goodwill and/or the use of reputation or goodwill to mislead the public on the origin of the product or service.]