Page 387 - Regional Comprehensive Economic Partnership (RCEP)

trademark or a sui generis system, that Party shall with respect to Article 11.31: Grounds for Opposition and Cancellation
applications for that protection:
1. With respect to the opposition procedures referred to in
(a) receive those applications for the protection of subparagraph 1(e) of Article 11.30 (Domestic Administrative
geographical indications without requiring intercession by Procedures for the Protection of Geographical Indications), each
a Party on behalf of its nationals; Party shall provide procedures that allow at least interested
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persons to oppose the protection of a geographical indication, and
(b) process those applications in compliance with reasonable that allow for any such protection to be refused at least on the
procedures and formalities ; ground that the geographical indication is a term customary in
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common language as the common name for the relevant good
(c) ensure that its laws and regulations governing the in the territory of that Party.
protection of geographical indications are readily available
to the public and clearly set out the procedures relating to 2. If a Party provides protection of a geographical indication through
the protection of geographical indications including the procedures referred to in Article 11.30 (Domestic
procedures relating to the filing of applications; Administrative Procedures for the Protection of Geographical
Indications) to the translation or transliteration of that
(d) make available information to allow the public to obtain geographical indication, that Party shall make available at least
guidance concerning the procedures for filing applications the ground which is the same as that referred to in paragraph 1
for the protection of geographical indications, and allow an with respect to oppositions to the protection of that translation or
applicant or their representative to ascertain the status of transliteration.
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specific applications; and
3. With respect to the procedures referred to in paragraph 1, in
(e) ensure that such applications are published for opposition determining whether a term is a term customary in common
and provide procedures for opposing geographical language as the common name for the relevant good in the
indications that are the subject of applications. territory of a Party, each Party shall ensure that its competent
Oppositions shall be received without requiring authorities have the authority to take into account how consumers
intercession by a Party on behalf of its nationals. understand the term within the territory of that Party. Factors
relevant to such consumer understanding may include:
2. With respect to the protection of a geographical indication referred
to in paragraph 1, a Party shall provide procedures for (a) whether the term is used to refer to the type of good in
cancellation of the protection afforded to a geographical question, as indicated by competent sources such as
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indication. dictionaries, newspapers, and relevant websites; and

(b) how the good referenced by the term is marketed and used
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in trade in the territory of that Party.

26 Where a Party applies this Article to geographical indications for wines and spirits or
23 For greater certainty, a Party may require that an application for protection of a applications for those geographical indications, the Parties understand that nothing in
geographical indication originating in another Party include evidence indicating to the this Section shall require a Party to protect a geographical indication of any other Party
satisfaction of the former Party that the geographical indication is protected in that other with respect to products of the vine for which the relevant indication is identical with the
Party. customary name of a grape variety that exists in the territory of that Party.

24 The Parties understand that for the purposes of this subparagraph, reasonable 27 A Party shall not be required to apply this paragraph to applications for geographical
procedures and formalities may be considered to be not overly burdensome indications for wines and spirits.
procedures and formalities.
28 For the purposes of this subparagraph, a Party’s authorities may take into account,
25 For greater certainty, for the purposes of this Section, cancellation may be as appropriate, whether the term is used in relevant international standards recognised
implemented through nullification or revocation proceedings. by the Parties to refer to a type or class of good in the territory of that Party.

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