Page 389 - Regional Comprehensive Economic Partnership (RCEP)

protected through the procedures referred to in Article 11.30 (Domestic
4. With respect to the cancellation procedure referred to in Administrative Procedures for the Protection of Geographical
paragraph 2 of Article 11.30 (Domestic Administrative Procedures Indications), that Party shall:
for the Protection of Geographical Indications), no Party shall
preclude the possibility that the protection of a geographical (a) make available to the public information concerning the
indication may be cancelled, or otherwise cease, on the basis that procedures for protection or recognition of geographical
the protected term has ceased meeting the conditions upon which indications, and if applicable, allow at least interested
the protection was originally granted in that Party. persons to ascertain the status of requests for protection
or recognition;

Article 11.32: Multi-Component Terms (b) ensure that those geographical indications that are being
considered for protection or recognition are published for
With respect to the procedures referred to in Article 11.30 (Domestic opposition, provide procedures for at least interested
Administrative Procedures for the Protection of Geographical persons to oppose those geographical indications on the
Indications) and Article 11.31 (Grounds for Opposition and ground referred to in paragraph 1 of Article 11.31 (Grounds
Cancellation), an individual component of a multi-component term that for Opposition and Cancellation), and apply Article 11.32
is protected as a geographical indication shall not be protected in a Party (Multi-Component Terms) with respect to those
if that individual component is a term customary in the common language procedures; and
as the common name for the associated good in the territory of that
Party. (c) make available to the public details regarding the terms
that the Party is considering protecting or recognising
through an international agreement involving a Party or a
Article 11.33: Date of Protection of a Geographical Indication non-Party.

The protection of a geographical indication through a Party’s domestic
administrative procedures referred to in Article 11.30 (Domestic Article 11.35: Protection or Recognition of Geographical
29
Administrative Procedures for the Protection of Geographical Indications under Concluded International Agreements
Indications) shall commence no earlier than the filing date of the
30
application for the protection in that Party or the registration date in that 1. No Party shall be required to apply Article 11.34 (Protection or
Party, as applicable. Recognition of Geographical Indications Pursuant to International
Agreements) to geographical indications that have been
specifically identified in, and that are protected or recognised
Article 11.34: Protection or Recognition of Geographical pursuant to, an international agreement involving a Party or a non-
Indications Pursuant to International Agreements Party, provided that the agreement was concluded prior to the
date of entry into force of this Agreement for that Party.
If a Party protects or recognises a geographical indication pursuant to
an international agreement involving a Party or a non-Party, and that 2. In respect of international agreements referred to in paragraph 1
agreement is concluded after the date of entry into force of this that permit the protection or recognition of a new geographical
Agreement for that Party, and that geographical indication is not indication, a Party shall:
31

29 For the purposes of this Article, “administrative procedures” include quasi-judicial
procedures.

30 For greater certainty, where a Party protects a geographical indication through its 31 A Party may comply with this paragraph by complying with the obligations under
trademark system, the filing date referred to in this Article includes, as applicable, the Article 11.30 (Domestic Administrative Procedures for the Protection of Geographical
priority filing date under the Paris Convention. Indications) and Article 11.31 (Grounds for Opposition and Cancellation).

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