Article 3(f) of the draft Trademarks Law prohibits the registration of a trademark where its use is likely to create confusion with respect to the origin or source of the goods or services.
Also Article 2 of the draft Law on Geographical Indications defines a Geographical Indication and prohibits its unlawful use and provides that such use amounts to unfair competition. The use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good.
Article 12 of the draft Law on Geographical Indications provides for criminal sanctions in the case of unlawful use of a Geographical Indication.
As allowed under Article 24.9 of the TRIPS Agreement, Article 9(c) excludes protection to Geographical Indications, which are not, or cease to be protected in their country of origin, or which have fallen into disuse in that country.
Also a claim for an unlawful use of a Geographical Indication, even if not registered, may be founded on unfair competition based on the provisions of Article 61 of the Law of Commerce of 1987.
The draft Law provides for registration but does not require registration for protection except that criminal sanctions and provisional measures are only available to those which are registered.
The provisional measures that may be ordered based on Article 11 of the draft Law include:
i) Prevention of an alleged imminent infringement from occurring.
ii) Injunction to cease an alleged infringement.
iii) Recording or preserving relevant evidence.
Upon ordering a provisional measure the court may appoint one or more experts to assist with the execution of the order.
As the draft Law has not yet been enacted, no examples of Geographical Indications so protected can be given at this stage.
