IP roadmap – Geographical Indications in Canada
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From: Canadian Intellectual Property Office
Geographical Indications in Canada
The Canadian Intellectual Property Office (CIPO) is responsible for processing requests for protection of geographical indications (GIs) and ensuring that they are entered on the list of protected GIs maintained by the Registrar. A geographical indication can identify a wine or spirit, or an agricultural product or food of a category set out in the Trademarks Act.
A request may be submitted to CIPO to have a GI entered on the list of protected GIs in Canada for wines, spirits or agricultural products and food (for example: cheeses, fresh, frozen and processed meats, etc.).
Requests and all supporting documentation must be submitted in writing and be in either English or French (except for the GI itself). A separate request must be made for each GI, accompanied by the prescribed fee of $450 per request
The responsible authority making the request may use the sample forms available on CIPO's website.
CIPO examines for compliance in cooperation with Agriculture and Agri-Food Canada (AAFC). If an indication meets the criteria to be entered on the list of protected GIs, CIPO will recommend that the Minister publish a statement proposing that the indication be entered on the list of geographical indications.
GI is published on CIPO website to notify third parties. Within two months after the publication of the statement, any interested party may, upon payment of the prescribed fee of $1,000, file a statement of objection with the Registrar of Trademarks and serve a copy on the responsible authority.
If third party objects, the procedure is before the Trademarks Opposition Board.
GI is entered on the List of Protected GIs. The Registrar of Trademarks will enter the indication on the list of GIs if a statement of objection has not been filed or a statement of objection has been filed but it has been withdrawn or rejected.
- Term Protection
The term of protection is unlimited.
For more information on Geographical Indications, please go to Canada.ca/trademarks or contact our Client Service Centre at 1-866-997-1936.
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