Geographical indications in accordance with the intellectual property law shall mean an indication that serves to identify a product as originating from a territory, a region or a locality within that territory, in those cases where the quality, reputation or other specific characteristics of the product may be essentially attributed to such geographical origin. In this context, the product shall mean any natural, agricultural, craft or industrial product whilst producer shall mean any producer of agricultural products or any other person exploiting natural products, any manufacturer of products of craft or industry, any trader dealing in such products.
Registration of a trademark containing a geographical indication or constituted by such indication shall be refused or invalidated if;
- The use of such indication in the trademark for such product is liable to mislead the public as to the true place of origin,
- If it suggests to the public that the products originate from a different territory.
Some types of geographical indications are excluded from protection to wit;
- Indications which do not correspond to the definition of a geographical indication according to the intellectual property law,
- Indications which are contrary to morality or public policy or those which in particular are liable to deceive the public as to the nature, source, the manufacturing process, the characteristic qualities or the suitability for their purpose of the goods concerned,
- Indications not protected in their country of origin or have ceased to be protected or have fallen into disuse in that country.
The protection of a geographical indication is subject to certain conditions and a special procedure.