Ochrona nazw geograficznych służących oznaczaniu pochodzenia towarów

Abstract

Products in a market are often branded with geographical names to get individual tint and indicate a place of their origin. Originating from a certain geographical region can sometimes be an attractive additional value for a consumer, on account of the established reputation or because of other reasons influencing his buying decision. Geographical names became therefore an instrument of commercial marketing which is also used to gain a higher market share. Legislations of many countries laid down protection of geographical names in consideration of the above, indicating at point of origin of products. The author describes the way of regulating protection of geographical names in selected countries with due regard paid to the Federal Republic of Germany and France. Legal status of geographical names is differantiated. Separate regulation is particularly reserved to the so called brand names of origin (appellations of origin, appellation d'origine, ursprungsbezeichnung). Normative basis for protection of names indicating at origin of products or services from a. certain geographical region in Poland is art. 4 of the Unfair Competition Act of 1926. According to the cited provision geographical names designating origin of products are subject of common right of all persons operating firms on a given territory. In case of illegal usage of geographical names these persons and enterpreneurs selling these products are allowed several claims mentioned in the Act. The author discusses a nature of rights allowed to subjects mentioned in the Act reaching the conclusion that it is here a case of sui generis imperative rights. Their peculiar character lies in the fact that a circle of entitled persons is not defined and that these rights are unlimited in time and their formation and lasting are not conditioned by performing any formalities. Next, the author discusses conditions and possibilities of using geographical names in character of other distinguishing signs (brands of products in particular). Protection of geographical names is regulated in many legal acts of international range. The following belong to them: a) Paris Convention of 1883 on the protection of industrial property, b) Madrid Agreement of 1891 on prosecution of feigned or misleading designations of origin, c) Lisbon Agreement of 1958 on international registration of names of origin, d) bilateral international treaties. The author discusses these acts indicating at problems which are still awaiting satisfactory solution.