L 29/36
EN
Official Journal of the European Union
4.2.2016
Article 78
Registration procedure
1.
Each Party shall provide for a system for the registration of trademarks in which each final decision taken by the
relevant competent trademark authority shall be duly reasoned and communicated in writing to the applicant who will
have the opportunity to contest it before the competent trademark authority and to appeal it before a court.
2.
Each Party shall provide for the possibility of right holders to oppose trademark applications or registrations. The
proceedings in case of opposition shall be adversarial.
3.
Each Party shall provide a publicly available electronic database of trademark registrations.
Article 79
Well-known trademarks
The Parties shall cooperate with the aim of making the protection of well-known trademarks, as referred to in
Article 6bis of the Paris Convention and in Article 16(2) and (3) of the TRIPS Agreement, effective.
Article 80
Exceptions to the rights conferred by a trademark
Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive
terms, the use of geographical indications, or other limited exceptions, which take account of the legitimate interests of
the owner of the trademark and of third parties.
GEOGRAPHICAL INDICATIONS
Article 81
Definition
Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the
territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of
the good is essentially attributable to its geographical origin.
Article 82
Principles of the protection of geographical indications
1.
Each Party shall ensure adequate and indefinite protection of geographical indications, by way of a sui generis
system of protection and in accordance with domestic law, as long as the geographical indication enjoys legal protection
in the country of origin.
2.
To that end, the Parties shall cooperate in the area of geographical indications on the basis of this Article, which
complements the minimum standards set in the relevant provisions of the TRIPS Agreement.
3.
Each Party shall ensure that its geographical indications protection system is open to registration of geographical
indications of the other Party. Each Party shall provide for a publicly available electronic database of registered
geographical indications.
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