Common use of Understanding on Recognition or Protection of Geographical Indications and Appellations of Origin In International Agreements Clause in Contracts

Understanding on Recognition or Protection of Geographical Indications and Appellations of Origin In International Agreements. 1. If a Party protects or recognizes a geographical indication or appellation of origin pursuant to an international agreement, subsequent to the entry into force of this Agreement, that involves the other Party or a non-Party, and that geographical indication or appellation of origin is not protected through an administrative procedure for its protection or recognition that includes instances of opposition by interested third parties, that Party shall apply at least procedures to apply for the opposition of such geographical indications and designations of origin, as well as (a) Make available sufficient information to enable the general public to obtain guidance on procedures for the protection or recognition of the geographical indication or appellation of origin and enable interested persons to check the status of applications for protection or recognition; (b) Make available to the public, on the Internet, details regarding terms that the Party is considering protecting or recognizing through an international agreement involving the other Party or a non-Party, including specifying whether protection or recognition is being considered for any translation or transliteration of such terms, and with respect to multicomponent terms, specifying, if appropriate, the components with respect to which protection or recognition is being considered, or the components that have been denied; (c) With respect to opposition procedures, provide a reasonable period of time for interested persons to oppose the protection or recognition of the terms referred to in subparagraph (b). Such period shall provide a meaningful opportunity for interested persons to participate in an objection procedure, and (d) Inform the other party of the opportunity to object, before the beginning of the opposition period. 2. For purposes of this Article, the Parties shall not prevent the possibility that the protection or recognition of a geographical indication or appellation of origin may be terminated. 3. A Party shall not be obliged to apply this Article with respect to geographical indications or designations of origin for wines and spirits or to applications for such geographical indications or designations of origin. 4. The protection or recognition granted under paragraph 1 shall not begin before the date the agreement enters into force or, if that Party grants such protection or recognition at a date later than the entry into force of the agreement, at that later date.