Union européenne
Marques de fabrique ou de commerce
21. Please explain how your legislation implements the obligation of Article 24.3 of the TRIPS Agreement not to diminish the level of protection of geographical indications that existed in a Member immediately prior to the entry into force of the WTO Agreement, where a new Argentinian geographical indication conflicts with an existing, well-known geographical indication for wines of another WTO Member.
Prior to the entry into force of the TRIPS Agreement, the protection of geographical indications was governed by the Laws on Fair Trade (No. 22.802), Trademarks (No. 22.362), Consumer Protection (No. 24.240) and Unfair Competition (No. 22.262). The situation referred to in the above question has not arisen so far. In view of the recent enactment of Law No. 25.163 on Wines and Spirits, no Argentine geographical indication has been registered to date.