Decreto n.º 23/2023

Decreto n.º 23/2023

de 16 de agosto

Sumário: Aprova o Ato de Genebra e o Regulamento Comum do Acordo de Lisboa Relativo às Denominações de Origem e às Indicações Geográficas.

O Ato de Genebra do Acordo de Lisboa Relativo às Denominações de Origem e às Indicações Geográficas, adotado em 20 de maio de 2015, em Genebra, e o Regulamento Comum do Acordo de Lisboa Relativo à Proteção das Denominações de Origem e ao Seu Registo Internacional e do Ato de Genebra do Acordo de Lisboa Relativo às Denominações de Origem e às Indicações Geográficas, adotado em 16 de junho de 2022, em Genebra, traduzem a mais recente revisão do Acordo de Lisboa Relativo às Denominações de Origem.

O Ato de Genebra veio modernizar e aperfeiçoar o sistema do registo internacional consagrado no Acordo de Lisboa. Juntos, o Ato e o Acordo, formam o Sistema de Lisboa, que estende a sua proteção também às indicações geográficas, assegurando uma proteção internacional mais completa e eficaz aos nomes dos produtos com qualidade de origem e que beneficia tanto os produtores que desejem ver a sua proteção jurídica reforçada, como os consumidores, que pretendam garantias sobre a qualidade, autenticidade, origem e percurso produtivo dos produtos que consomem.

Portugal, no exercício contínuo da tradição histórica que o caracteriza, tem sempre participado de forma ativa na defesa das denominações de origem e das indicações geográficas.

Assim:

Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova o Ato de Genebra do Acordo de Lisboa Relativo às Denominações de Origem e às Indicações Geográficas, adotado em 20 de maio de 2015, em Genebra, e o Regulamento Comum do Acordo de Lisboa Relativo à Proteção das Denominações de Origem e ao Seu Registo Internacional e do Ato de Genebra do Acordo de Lisboa Relativo às Denominações de Origem e às Indicações Geográficas, adotado em 16 de junho de 2022, em Genebra, cujas versões autênticas em língua inglesa e respetivas traduções para língua portuguesa se publicam em anexo.

Visto e aprovado em Conselho de Ministros de 29 de junho de 2023. - Mariana Guimarães Vieira da Silva - João Titterington Gomes Cravinho.

Assinado em 21 de julho de 2023.

Publique-se.

O Presidente da República, Marcelo Rebelo de Sousa.

Referendado em 28 de julho de 2023.

O Primeiro-Ministro, António Luís Santos da Costa.

GENEVA ACT OF THE LISBON AGREEMENT ON APPELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

List of articles

Chapter I: Introductory and General Provisions

Article 1 : Abbreviated Expressions

Article 2 : Subject-Matter

Article 3 : Competent Authority

Article 4 : International Register

Chapter II: Application and International Registration

Article 5 : Application

Article 6 : International Registration

Article 7 : Fees

Article 8 : Period of Validity of International Registrations

Chapter III: Protection

Article 9 : Commitment to Protect

Article 10 : Protection Under Laws of Contracting Parties and Other Instruments

Article 11 : Protection in Respect of Registered Appellations of Origin and Geographical Indications

Article 12 : Protection Against Becoming Generic

Article 13 : Safeguards in Respect of Other Rights

Article 14 : Enforcement Procedures and Remedies

Chapter IV: Refusal and Other Actions in Respect of International Registration

Article 15 : Refusal

Article 16 : Withdrawal of Refusal

Article 17 : Transitional Period

Article 18 : Notification of Grant of Protection

Article 19 : Invalidation

Article 20 : Modifications and Other Entries in the International Register

Chapter V: Administrative Provisions

Article 21 : Membership of the Lisbon Union

Article 22 : Assembly of the Special Union

Article 23 : International Bureau

Article 24 : Finances

Article 25 : Regulations

Chapter VI: Revision and Amendment

Article 26 : Revision

Article 27 : Amendment of Certain articles by the Assembly

Chapter VII: Final Provisions

Article 28 : Becoming Party to This Act

Article 29 : Effective Date of Ratifications and Accessions

Article 30 : Prohibition of Reservations

Article 31 : Application of the Lisbon Agreement and the 1967 Act

Article 32 : Denunciation

Article 33 : Languages of This Act; Signature

Article 34 : Depositary page

CHAPTER I

Introductory and General Provisions

Article 1

Abbreviated Expressions

For the purposes of this Act, unless expressly stated otherwise:

(i) 'Lisbon Agreement' means the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of October 31, 1958;

(ii) '1967 Act' means the Lisbon Agreement as revised at Stockholm on July 14, 1967, and amended on September 28, 1979;

(iii) 'This Act' means the Lisbon Agreement on Appellations of Origin and Geographical Indications, as established by the present Act;

(iv) 'Regulations' means the Regulations as referred to in article 25;

(v) 'Paris Convention' means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised and amended;

(vi) 'Appellation of origin' means a denomination as referred to in article 2(1)(i);

(vii) 'Geographical indication' means an indication as referred to in article 2(1)(ii);

(viii) 'International Register' means the International Register maintained by the International Bureau in accordance with article 4 as the official collection of data concerning international registrations of appellations of origin and geographical indications, regardless of the medium in which such data are maintained;

(ix) 'International registration' means an international registration recorded in the International Register;

(x) 'Application' means an application for international registration;

(xi) 'Registered' means entered in the International Register in accordance with this Act;

(xii) 'Geographical area of origin' means a geographical area as referred to in article 2(2);

(xiii) 'Trans-border geographical area' means a geographical area situated in, or covering, adjacent Contracting Parties;

(xiv) 'Contracting Party' means any State or intergovernmental organization party to this Act;

(xv) 'Contracting Party of Origin' means the Contracting Party where the geographical area of origin is situated or the Contracting Parties where the trans-border geographical area of origin is situated;

(xvi) 'Competent Authority' means an entity designated in accordance with article 3;

(xvii) 'Beneficiaries' means the natural persons or legal entities entitled under the law of the Contracting Party of Origin to use an appellation of origin or a geographical indication;

(xviii) 'Intergovernmental organization' means an intergovernmental organization eligible to become party to this Act in accordance with article 28(1)(iii);

(xix) 'Organization' means the World Intellectual Property Organization;

(xx) 'Director General' means the Director General of the Organization;

(xxi) 'International Bureau' means the International Bureau of the Organization.

Article 2

Subject-Matter

(1) [Appellations of Origin and Geographical Indications] This Act applies in respect of:

(i) Any denomination protected in the Contracting Party of Origin consisting of or containing the name of a geographical area, or another denomination known as referring to such area, which serves to designate a good as originating in that geographical area, where the quality or characteristics of the good are due exclusively or essentially to the geographical environment, including natural and human factors, and which has given the good its reputation; as well as

(ii) Any indication protected in the Contracting Party of Origin consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

(2) [Possible Geographical Areas of Origin] A geographical area of origin as described in paragraph (1) may consist of the entire territory of the Contracting Party of Origin or a region, locality or place in the Contracting Party of Origin. This does not exclude the application of this Act in respect of a geographical area of origin, as described in paragraph (1), consisting of a trans-border geographical area, or a part thereof.

Article 3

Competent Authority

Each Contracting Party shall designate an entity which shall be responsible for the administration of this Act in its territory and for communications with the International Bureau under this Act and the Regulations. The Contracting Party shall notify the name and contact details of such Competent Authority to the International Bureau, as specified in the Regulations.

Article 4

International Register

The International Bureau shall maintain an International Register recording international registrations effected under this Act, under the Lisbon Agreement and the 1967 Act, or under both, and data relating to such international registrations.

CHAPTER II

Application and International Registration

Article 5

Application

(1) [Place of Filing] Applications shall be filed with the International Bureau.

(2) [Application Filed by Competent Authority] Subject to paragraph (3), the application for the international registration of an appellation of origin or a geographical indication shall be filed by the Competent Authority in the name of:

(i) The beneficiaries; or

(ii) A natural person or legal entity having legal standing under the law of the Contracting Party of Origin to assert the rights of the beneficiaries or other rights in the appellation of origin or geographical indication.

(3) [Application Filed Directly] (a) Without prejudice to paragraph (4), if the legislation of the Contracting Party of Origin so permits, the application may be filed by the beneficiaries or by a natural person or legal entity referred to in paragraph (2)(ii).

(b) Subparagraph (a) applies subject to a declaration from the Contracting Party that its legislation so permits. Such declaration may be made by the Contracting Party at the time of deposit of its instrument of ratification or accession or at any later time. Where the declaration is made at the time of the deposit of its instrument of ratification or accession, it shall take effect upon the entry into force of this Act with respect to that Contracting Party. Where the declaration is made after the entry into force of this Act with respect to the Contracting Party, it shall take effect three months after the date on which the Director General has received the declaration.

(4) [Possible Joint Application in the Case of a Trans-border Geographical Area] In case of a geographical area of origin consisting of a trans-border geographical area, the adjacent Contracting Parties may, in accordance with their agreement, file an application jointly through a commonly designated Competent Authority.

(5) [Mandatory Contents] The Regulations shall specify the mandatory particulars that must be included in the application, in addition to those specified in article 6(3).

(6) [Optional Contents] The Regulations may specify the optional particulars that may be included in the application.

Article 6

International Registration

(1) [Formal Examination by the International Bureau] Upon receipt of an application for the international registration of an appellation of origin or a geographical indication in due form, as specified in the Regulations, the International Bureau shall register the appellation of origin, or the geographical indication, in the International Register.

(2) [Date of International Registration] Subject to paragraph (3), the date of the international registration shall be the date on which the application was received by the International Bureau.

(3) [Date of International Registration Where Particulars Missing] Where the application does not contain all the following particulars:

(i) The identification of the Competent Authority or, in the case of article 5(3), the applicant or applicants;

(ii) The details identifying the beneficiaries and, where applicable, the natural person or legal entity referred to in article 5(2)(ii);

(iii) The appellation of origin, or the geographical indication, for which international registration is sought;

(iv) The good or goods to which the appellation of origin, or the geographical indication, applies;

the date of the international registration shall be the date on which the last of the missing particulars is received by the International Bureau.

(4) [Publication and Notification of International Registrations] The International Bureau shall, without delay, publish each international registration and notify the Competent Authority of each Contracting Party of the international registration.

(5) [Date of Effect of International Registration] (a) Subject to subparagraph (b), a registered appellation of origin or geographical indication shall, in each Contracting Party that has not refused protection in accordance with article 15, or that has sent to the International Bureau a notification of grant of protection in accordance with article 18, be protected from the date of the international registration.

(b) A Contracting Party may, in a declaration, notify the Director General that, in accordance with its national or regional legislation, a registered appellation of origin or geographical indication is protected from a date that is mentioned in the declaration, which date shall however not be later than the date of expiry of the time limit for refusal specified in the Regulations in accordance with article 15(1)(a).

Article 7

Fees

(1) [International Registration Fee] International registration of each appellation of origin, and each geographical indication, shall be subject to payment of the fee specified in the Regulations.

(2) [Fees for Other Entries in the International Register] The Regulations shall specify the fees to be paid in respect of other entries in the International Register and for the supply of extracts, attestations, or other information concerning the contents of the international registration.

(3) [Fee Reductions] Reduced fees shall be established by the Assembly in respect of certain international registrations of appellations of origin, and in respect of certain international registrations of geographical indications, in particular those in respect of which the Contracting Party of Origin is a developing country or a least-developed country.

(4) [Individual Fee] (a) Any Contracting Party may, in a declaration, notify the Director General that the protection resulting from international registration shall extend to it only if a fee is paid to cover its cost of substantive examination of the international registration. The amount of such individual fee shall be indicated in the declaration and can be changed in further declarations. The said amount may not be higher than the equivalent of the amount required under the national or regional legislation of the Contracting Party diminished by the savings resulting from the international procedure. Additionally, the Contracting Party may, in a declaration, notify the Director General that it requires an administrative fee relating to the use by the beneficiaries of the appellation of origin or the geographical indication in that Contracting Party.

(b) Non-payment of an individual fee shall, in accordance with the Regulations, have the effect that protection is renounced in respect of the Contracting Party requiring the fee.

Article 8

Period of Validity of International Registrations

(1) [Dependency] International registrations shall be valid indefinitely, on the understanding that the protection of a registered appellation of origin or geographical indication shall no longer be required if the denomination constituting the appellation of origin, or the indication constituting the geographical indication, is no longer protected in the Contracting Party of Origin.

(2) [Cancellation] (a) The Competent Authority of the Contracting Party of Origin, or, in the case of article 5(3), the beneficiaries or the natural person or legal entity referred to in article 5(2)(ii) or the Competent Authority of the Contracting Party of Origin, may at any time request the International Bureau to cancel the international registration concerned.

(b) In case the denomination constituting a registered appellation of origin, or the indication constituting a registered geographical indication, is no longer protected in the Contracting Party of Origin, the Competent Authority of the Contracting Party of Origin shall request cancellation of the international registration.

CHAPTER III

Protection