Geographical Indications Law in Puerto Rico (US)
Geographical Indications (GI) Law in Puerto Rico (U.S. Territory)
1. Legal Framework
Puerto Rico is an unincorporated territory of the United States, so U.S. federal law applies.
There is no separate GI law specific to Puerto Rico.
Protection of geographical names or indications falls under U.S. trademark law, mainly:
The Lanham Act (Trademark Act of 1946), administered by the United States Patent and Trademark Office (USPTO).
For wines and spirits, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulates Geographical Indications.
2. Types of Protection
Certification Marks and Collective Marks:
Used to protect product names associated with a geographic region. For example, a certification mark can certify that a product comes from a particular region or meets certain standards linked to that region.
Wine and Spirits GIs:
Under the TTB, geographical indications for wines and distilled spirits are regulated to prevent misleading geographic claims.
3. Registration Process
GI protection is achieved by registering trademarks, certification marks, or collective marks with the USPTO.
Wine and spirits producers can apply for Certificate of Label Approval (COLA) from the TTB, ensuring GI compliance.
There is no separate GI registration system; rather, geographic names are protected through the trademark system.
4. Enforcement
GI rights are enforced through:
Trademark infringement lawsuits under the Lanham Act.
Administrative enforcement by USPTO and TTB.
Customs enforcement to prevent import/export of counterfeit or misleading goods.
Remedies include injunctions, damages, and destruction of infringing goods.
5. International Treaties
The U.S. complies with the WTO TRIPS Agreement, which requires GI protection.
It is not a party to the Lisbon Agreement (specific to appellations of origin).
The U.S. often negotiates bilateral agreements recognizing some GIs, especially for wines and spirits (e.g., agreements with the EU and other countries).
6. Summary Table
| Aspect | Details |
|---|---|
| Governing Law | U.S. Lanham Act (Trademark law), TTB regulations for wines |
| Competent Authorities | USPTO (trademarks), TTB (wines and spirits) |
| Types of Protection | Certification marks, collective marks, trademark protection |
| Registration Required | Yes (via USPTO/TTB) |
| Enforcement | Civil litigation, administrative actions, customs enforcement |
| International Compliance | WTO TRIPS Agreement |
7. Conclusion
Puerto Rico does not have separate GI laws but benefits from the U.S. trademark and wine/spirits GI protection systems. Geographic names can be protected as certification or collective marks through the USPTO.
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