Page 386 - Regional Comprehensive Economic Partnership (RCEP)
P. 386

trademark or a sui generis system, that Party shall with respect to
                              applications for that protection:

                              (a)    receive  those  applications  for  the  protection  of
                                     geographical indications without requiring intercession by
                                     a Party on behalf of its nationals;
                                                                        23

                              (b)    process those applications in compliance with reasonable
                                     procedures and formalities ;
                                                                 24

                              (c)    ensure  that  its  laws  and  regulations  governing  the
                                     protection of geographical indications are readily available
                                     to the public and clearly set out the procedures relating to
                                     the  protection  of  geographical  indications  including
                                     procedures relating to the filing of applications;

                              (d)    make  available  information  to  allow  the  public  to  obtain
                                     guidance concerning the procedures for filing applications
                                     for the protection of geographical indications, and allow an
                                     applicant or their representative to ascertain the status of
                                     specific applications; and

                              (e)    ensure that such applications are published for opposition
                                     and  provide  procedures  for  opposing  geographical
                                     indications  that  are  the  subject  of  applications.
                                     Oppositions     shall   be   received     without   requiring
                                     intercession by a Party on behalf of its nationals.

                       2.     With respect to the protection of a geographical indication referred
                              to  in  paragraph  1,  a  Party  shall  provide  procedures  for
                              cancellation   of  the  protection  afforded  to  a  geographical
                                          25
                              indication.






                       23   For  greater  certainty,  a  Party  may  require  that  an  application  for  protection  of  a
                       geographical indication originating in another Party include evidence indicating to the
                       satisfaction of the former Party that the geographical indication is protected in that other
                       Party.

                       24   The  Parties  understand  that  for  the  purposes  of  this  subparagraph,  reasonable
                       procedures  and  formalities  may  be  considered  to  be  not  overly  burdensome
                       procedures and formalities.

                       25   For  greater  certainty,  for  the  purposes  of  this  Section,  cancellation  may  be
                       implemented through nullification or revocation proceedings.




                                                          11-16
   381   382   383   384   385   386   387   388   389   390   391