Suiza
Albania
Indicaciones geográficas
1. Please explain in detail how your legislation provides protection for geographical indications.
Protection of geographical indications (appellation of origin) is provided by Articles 93 of the "Law on Industrial Property" (1994) and Articles 13 and 14 of the "Law on some changes and supplements on the "Law on industrial property" (1999) as follows: The appellation of origin is used to mark the natural, agricultural products, the industrial and handicrafts products. The appellations of origin protect: (a) geographical names of products, whose distinctive properties are mainly due to the location or region where they are produced, if such properties are a natural consequence of either the climate or soil or of established manufacturing procedures or processes; (b) the name of a product which has become generally known through long-term use in the course of trade as an indication that the product originates from a certain location or region. Geographical names which have become generally known through long-term use in the course of trade as designations for certain kinds of products may not be protected by appellations of origin. The Patent Office shall grant the right to use the appellation of origin after obtaining the expert opinion of the competent authorities, which must include: (a) products which may be marked under that appellation of origin; (b) locations or regions in which products marked under the appellation of origin originate; (c) production requirements a product must fulfill in order to be marked under the appellation of origin; (d) the required marking of products and further detailed requirements for grant of the right to use the appellations of origin. An appellation of origin shall be established: (a) by entering the geographical name and kind of product to which the name relates in the register of appellations of origin; (b) on behalf of a foreign person, on the basis of an international agreement on reciprocal protection of appellation of origin concluded by the Republic of Albania. An appellation of origin is a collective right and may be used as such only by those who produce or market the product for which an appellation of origin has been established. Persons not authorized to use an appellation of origin may not use such appellation even they add the words "type", "style", "fashion", "produced as" or similar words. The protection of the appellation of origin shall be applicable against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.