In-depth analysis of the Locarno Agreement and the Lisbon Agreement: International Protection of Industrial Designs and Appellations of Origin

“Locarno Agreement”: International Classification of Industrial Designs

The Locarno Agreement Establishing an International Classification for Industrial Designs is an important agreement signed between the member states of the Paris Union. It was implemented on October 4, 1968 and has been implemented since 1971. The main objective of the Agreement is to establish an international classification standard for industrial designs – the Locarno Classification. According to this agreement, the relevant departments of the contracting countries must clearly indicate the major class and subclass number to which the design belongs in the preservation or registration documents and publications related to industrial designs issued.

In order to ensure the effective operation of the classification system, the Locarno Agreement established an expert committee composed of representatives of each member state, responsible for regularly updating the classification. The latest version (eleventh edition) was officially put into use on January 1, 2017, covering 32 major categories and 219 subcategories, and comes with detailed usage guides. In addition, the agreement established the General Assembly as a decision-making body, of which all Alliance member states are members.

Lisbon Agreement: Protection of Appellations of Origin

The full name of the Lisbon Agreement is the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. It was first signed in Lisbon, Portugal in 1958. The Agreement aims to protect geographical names that identify the origin of a product and confer specific qualities or characteristics due to geographical circumstances. The International Bureau of the World Intellectual Property Organization (WIPO) maintains an international register containing these protected names and communicates registration information to all contracting states.

According to the provisions of the agreement, any contracting country may raise an objection within one year after receiving the registration notice and must provide reasons for not granting protection. But even then, as long as it remains protected in the country of origin, the name will not be considered a generic name. It is worth noting that the Lisbon Agreement allows contracting countries to choose to declare in advance that they will grant protection to a registered name, thus improving the information exchange mechanism on the status of international registrations.

The Lisbon Agreement also establishes a Union and a General Assembly composed of all Member States that adhere to at least the administrative provisions of the Stockholm Act. The agreement is open to member states of the Paris Convention, and instruments of ratification or accession must be deposited with the Director General of WIPO.

Conclusion

Whether it is for industrial designs or names of origin, the Locarno Agreement and the Lisbon Agreement provide important legal frameworks and support in their respective fields and promote international cooperation and exchanges. These two agreements are not only of great significance for the protection of intellectual property rights, but also reflect the development direction of the trend of intellectual property protection in the context of globalization.