États-Unis d'Amérique
Irlande
Indications géographiques
8. Please explain how geographical indications are protected under Ireland’s law, as required by TRIPS Articles 22 and 23.
Geographical indications are protected under Irish law by a number of measures. Under consumer protection law, it is an offence to apply a false or misleading trade description to any goods. "Trade description" is defined as including any indication, direct or indirect, as to the place or country in which the goods were produced or manufactured. In the Trade Marks Act 1996, there are two provisions relating to geographical indications: -Section 8(1)(c) prohibits the registration of a trademark which consists exclusively of a sign or indication which may serve, in trade, to designate the geographical origin of the goods or services in respect of which registration is sought; -Section 8(3)(b) provides that a trademark shall not be registered if it is of such a nature as to deceive the public as to the geographical origin of the goods or services in respect of which registration is sought. Ireland has also, by means of Statutory Instrument No. 148 of 1995, transposed into its law European Council Regulation 2081/92 which established a system for the registration and protection in the European Communities of designations of origin and geographical indications for agricultural products and foodstuffs. Two Statutory instruments, No. 300 of 1995 and No. 60 of 1996, govern the definition, description and presentation of spirit drinks. The reference in question 12 below to the absence of an unfair competition statute in Ireland is not correct. Ireland has two Acts dealing with competition: the Competition Act 1991 (No. 24 of 1991), and the Competition (Amendment) Act 1996 (No. 19 of 1996). In summary, this legislation provides that, since 1 October 1991, all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect, the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State are prohibited and void.