RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.11
10 February 1999
(99-0483)
Council for Trade-Related Aspects of
Intellectual Property Rights
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Checklist of Questions1
Responses from Liechtenstein
Addendum
The present document represents the responses to the Checklist which the Secretariat has
received from Liechtenstein, by means of a communication from its Permanent Mission, dated
26 November 1998.
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I. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13
A. GENERAL
1. Is protection for geographical indications provided through unfair competition law, e.g.,
passing off, false designation of origin; through a fo rmal procedure for notification/registration before
protection is available; or th rough both?  Does the recognition of  a geographical i ndication require
registration?
Protection for geographical indications is provided through the Law of 12 December 1996
regarding the protection of trademarks and geographical indications (Trademark Act; Liechtenstein
Law Gazette 1997 No. 602).  Unfair competition law applies only if there is no specific provision in
the Trademark Law.  The recognition of geographical indications as such does not require
registration.  Nevertheless, if such indication is part of a trademark, it has to be registered.
2. Is there one single regime of protection of geographical indications for all products?  If not,
identify the different regimes.
There is not one single regime of protection for all products. As indicated under question 1
above, geographical indications for products and services are protected by the Trademark Act. Within
the framework of the Customs Union Treaty between Liechtenstein and Switzerland of 19233, parts of
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1
2 The new Trademark Law has been notified to the WTO in September 1998 and distributed as
document IP/C/1/LIE/I/1/Rev.1.
3 See notifications in documents IP/N/4/LIE/1 and IP/N/4/CHE/1, respectively.IP/C/W/117/Add.11
Page 2
the Swiss Law on Agriculture, in particular the Swiss Ordinance of 28 May 1997 concerning the
Protection of Appellations of Origin and Geographical Indications with respect to Agricultural
Products and Processed Agricultural Products (RS 910.12, RO 1997 1188), are applicable in
Liechtenstein.  For further information about the system for the registration of geographical
indications under this Ordinance, see document  IP/C/W/76/Add.5/Suppl.1 and the Swiss answers to
the related questions of this checklist.  Liechtenstein producers face the same registrationrequirements as Swiss producers under this Ordinance.  As the product-specific law applicable in
Liechtenstein is not national law but Swiss law, it will not be elaborated in detail in our answers to
this checklist.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
Yes.  See the answer to question 2 above.
4. What provisions of law or regulations are directed to the recognition of geographical
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement?  Citations to laws should beprovided and, if the texts of the laws have not been notified to the WTO, copies should be providedpursuant to Article 63.2.
The relevant provisions are contained in Articles 45 et seq.  of the Trademark Act of
12 December 1996.  For cases not covered by the provisions of the Trademark Act, Article 3(b) of the
Unfair Competition Act may apply.
4
5. If the required recognition of geographical indications is not provided through statutes or
regulations, please explain, in detail, the mechanism or mechanisms through which the protectionrequired is provided.
See the answer to question 4 above.
6. Please provide a few examples of domestic geographical indications protected in accordance
with the means discussed above and indicate the means by which such protection is provided.
Such an example might be "Malbuner" for meat products produced in Liechtenstein and
"Malbun" being the name of a mountain resort in Li echtenstein.  The same would apply to "Balzers",
a high technology enterprise with its headquarters in Balzers, a community of the Principality of
Liechtenstein.  Those indications are determined in accordance with Article 46 of the Trademark Act.
7. Is the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement provided for any other product?  If so, please specify such products and the law underwhich they are protected.
The higher level of protection required for wines and spirits under Article 23.2 of the TRIPS
Agreement is granted to other agricultural products according to the Swiss Ordinance of 28 May 1997
concerning the Protection of Appellations of Origin and Geographical Indications with respect to
Agricultural Products and Processed Agricultural Pr oducts (see the answer to question 2 above) which
applies to all agricultural products including processed agricultural products, with the exception of
wine but including spirits.
                                                     
4 See the notification in document IP/N/1/LIE/I/3.IP/C/W/117/Add.11
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B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Geographical indications shall be direct or indirect references to the geographical origin of
goods, including references to their property, having a relationship with their origin (Article 45,
paragraph 1 of the Trademark Act).
9. Would such a definition comprise geographical indications identifying products of a certain
quality or reputation which are indirectly linked to a specific region?
If such products are bearing the name of that place, only for the purpose to pretend a certain
quality:  no.  Neither does this definition comprise any requirements as to quality or reputation.
10. In determining whether recognition should be given a geographical indication, what criteria
are considered?
According to Article 46 of the Trademark Act and as there are no specific national laws in
Liechtenstein as per today in this respect (see the answer to question 2 above), the origin of goods will
be determined in accordance with the place of its manufacturing or the origin of basic materials and
components used.  Compliance may be required with other conditions, i.e. the observance of
customary local or locally-prescribed manufacturing principles and quality requirements.  According
to Article 47 of the Trademark Act, the origin of  any service shall be determined in accordance with
the place of business of the person providing the service; the nationality of the persons exercising
actual control over the business policy and management, or the domicile of the persons exercising
actual control over business policy and management.  In addition, compliance with other conditions
may be required, i.e. the observance of customary or prescribed principles for provision of the service
or the traditional association of the person performing the service with the country of origin.
11. Is there any human creativity involved in th e making of spec ific products under protection by
the system of geographical indications?  If so, how much?  And do these products involve any humanfactors?
No.
12. Are there any other intellectual property rights involved, such as patents for example?
As already set out in the answers to questions 1, 2 and 4 above, trademark law may very often
be involved.
13. What authority, if any, may define the geographic region or area for which rights are claimed
and on what basis is such definition made?
With respect to the size of the country (160 km
2), the geographical region will in many cases,
but not necessarily, be the country itself.  Should there be a dispute on a right to use a geographical
identification, the Liechtenstein Office of National Economy has the authority to decide primarily
such issues.
14. Does your legislation contain criteria for homonymous geographical indications for wines?
No.IP/C/W/117/Add.11
Page 4
15. Does your national legisl ation provide for recognition and protection of  geographical
indications or appellations of origin of foreign countries?
Yes.  Liechtenstein is party to the Madrid Agreement for the Repression of False or Deceptive
Indications of Source on Goods of 1891 and to the Paris Convention for the Protection of Industrial
Property (ratification of the latest Acts of both Agreements).
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the country of origin?  If so, please specify the relevantstatutory provision.
No, except for provisions contained in relevant international agreements.
C. PROCEDURE FOR
 RECOGNITION
As there is no formal registration or notification of geographical indications according to
national law, the following answers refer to cases of litigation.
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity ow n the rights to a geographical
indication?
Usually it is a private entity owning the rights of geographical indications.
18. What are the compet ent authorities where the protection of a geographical indication can be
obtained?
If in relation to a trademark application, it is the Office of National Economy where the
geographical indication can be obtained.
19. Do the procedures which lead to the recognition of a geographical indication take place
ex officio or must they be based on the initiative of an entity or person?
If in connection with a trademark, the recognition of a geographical indication takes place on
the initiative of an entity or person.
20. What, if any, fees are involved in the application and maintenance of rights in a geographical
indication?
If related to a trademark, it is the fee according to the Ordinance of 1 April 1997 regarding the
collection of fees under the Trademark Act (Liechtenstein Law Gazette 1997 No. 785).
21. If criteria must be set out in an application for recognition of a geographical indication, are
those criteria purely geographic in nature?
Purely geographic as the quality of the geographical indication is linked to its geographical
origin.
                                                     
5 This Ordinance has been notified together with the new Trademark Act in September 1998 and
distributed in document IP/N/1/LIE/I/2/Rev.1.IP/C/W/117/Add.11
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22. What other criteria, if any, must be set out in an application for recognition of a geographical
indication?
Only the criteria according to the answer to question 10 above.
23. What information must be supplied in an application for rights in a geographical indication?
As there is no formal registration or notification for geographical indications as such (except
when applied as a trademark) and geographical indications shall be presumed correct of
corresponding to usage, no information must be supplied. Nevertheless, this assumption may be
overruled by the proof of the contrary.
24. Must the goods or services with respect to which a geographical indication is claimed be set
out?
Only within the burden of proof in a litigation.
25. What mechanisms are provided to oppose the recognition of a geographi cal indication?  How
is an investigation conducted after such a complaint?
If in connection with a trademark, the same legal protection is granted to the person claiming
the better right to a geographical indication as set out for trademarks (see the answers to questions 47
et seq. below ).
26. Who can oppose the recognition of a geographica l indication?
Any interested person may oppose such use of a geographical indication.
27. If your national legi slation provides for recognition and protection of geogr aphical indications
or appellations of origin of foreign countries, what is the procedure that has to be followed in order toobtain such recognition and consequent protection?
See the answer to question 25 above.
D. MAINTENANCE
28. How long does recognition for a geographical indica tion continue?
If in relation to a trademark:  10 years.  The registration of trademarks may be extended upon
request for further ten-year periods (cf. Article 10, paragraph 2 et seq . of the Trademark Act).  Fees
for the extension of a trademark are laid down in the Ordinance of 1 April 1997 regarding the
Collection of Fees under the Trademark Act.
29. If recognition of a geographical indication must be renewed or reaffirmed, what information
must be provided in order to effect such a rene wal or reaffirmation?  Spec ify any fees involved in
renewal or reaffirmation.
See the answer to question 28 above.IP/C/W/117/Add.11
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30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
No.
31.  Is there a specified limit fo r non-use before rights in a geogr aphical indication cease and, if
so, what is that limit?
No.
32. Who monitors the use of geographical indications to determine if the criteria identified in the
application continue to be met?
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33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
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34. Are there means by which interested parties may request termination of a geographical
indication based on non-use or failure to maintain the criteria identified in the application?  Describethe procedure.
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35. Do the procedures which lead to forfeiture  of a geographica l indication take place ex officio
or must they be based on the initiative of an entity or person?
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E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the cr iteria submitted to obtain recognition of a geographical
indication use t hat geographical indica tion after recognition is given or must additional criteria or
procedures be followed by that party before use is permitted?
Generally anyone who meets the criteria submitted according to the answer to question 10
above may use a geographical indication.
37. Who makes the determination regarding use of a geographical indication by particular
parties, the entity responsible for the recognition or the entity  that obtained the recognition?
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38. Are there fees involved in receiving authorization to use a particular geographical indication
and, if so, what are those fees and how are they established?
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39. If there is a dispute regarding use of a geographical indication by a particular party, what
procedures are followed to resolve it?
The procedures set out in the answers to questions 47 et seq. below.
40. Must individual authorized users of a geographical indication use that geographical indication
continually to retain their right to use it and, if so, how is their use determined and how long willdisuse be permitted?
There is no determination as to the use.
41. If there is a dispute over continuity of use by a particular party, how is it resolved?
See the answer to question 40 above.
42. Does the regime for protection of geographical indications allow geographical indications to
be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met,what is the effect on the geographical indication?
Licensing is only possible when a geographical indication is part of a trademark; it then has to
meet the provisions of the Trademark Act.
43. How is "grandfathered use" of a geographical indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
The use of a geographical indication remains unchanged by the new Trademark Act.
F. RELATIONSHIP TO TRADEMARKS
44. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.1 of the TRIPS Agr eement are not nullified and impaired?
As a geographical indication is not a registered right compared to trademarks, the latter will
not be infringed.  Trademarks containing an incorrect geographical indication will not be registeredand geographical indications conflicting with a registered trademark may not be used.
45. What steps are taken to ensure that, in recognizing a geographical indication, the obligations
of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and impaired
See the answer to question 44 above.
46. What procedures are foreseen in case of  a conflict of a geographi cal indication with a
trademark?
A trademark owner may prevent infringements by all the means available according to the
answer to question 47 below.  If a geographical indication is the major part of a trademark and the
latter thus does not have distinctive function, the trademark may not be registered.IP/C/W/117/Add.11
Page 8
G. ENFORCEMENT
47. How are rights in the geographical indication enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have
not been notifie d under Article 63.2 of the TRIPS Agreement, please provide copies.
Enforcement is primarily granted under the Trademark Act. Articles 50 et seq.  are related to
the protection under Civil Law (declaratory judgement, action for execution, confiscation,
precautionary mesures ...).  Article 62 of the Trademark Act imposes a penalty for the use of incorrect
geographical indications.  Articles 3(b), 9, 12 and 22 are the relevant provisions of the Unfair
Competition Act.
48. Who has the right to enforce a geographical indication?
Generally, every infringed party has the right to enforce a geographical indication. According
to Article 54 of the Trademark Act, professional and business associations, authorized by statutes to
protect the economic interests of their members as well as organizations devoted by statutes toprotection of consumers, may file a civil action.
49. What judicial or administrative bodies have jurisdiction over enforcement actions related to
geographical indications?  Are there fees involved and, if so, what are those fees?
The courts enumerated in the answer to question 1 of the checklist of issues on enforcement6
have jurisdiction over enforcement actions related to geographical indications.  Costs depend on the
value in cause.  There is a separation between the lawyers' tariff and the court fees. Both are regulatedin acts and ordinances respectively.  The costs of a proceeding comprise the court fees (including also
all the costs in court and all other costs, in particul ar the representation costs of the lawyer).  The fee
to be paid for the execution of the proceedings depends on the value in dispute.  It is a lump sum per
instance appealed to for the decision, and a fee for the protocol depending on the duration of the
proceedings, in particular the number and duration of the court hearings.  To this must be added
possible further costs (in particular the costs in court for experts and fees paid to witnesses), the
amount of which cannot even be approximated in view of the different circumstances encountered ineach procedure.
50. Must the public be notified of the existence of a geographical indication and, if so, how and
how often?
No.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe
the procedures.  If the law has not been notified pursuant to Article 63.2 of the TRIPS Agreement,please provide a copy.
Yes.  See the answer to question 47 above.
                                                     
6 Document IP/N/6/LIE/1.IP/C/W/117/Add.11
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H. INTERNATIONAL AGREEMENTS
52. Is your government party to an international, including bilateral or plurilateral, agreement for
the notification and/or registration of geographical indications?  If so, please name the internationalagreement and explain the relationship between it and your national legislation.
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods
of 1891 and the Paris Convention for the Protection of Industrial Property (ratification of the latest
Acts of both Agreements).  According to Liecht enstein Constitutional Law, international agreements
are an integral part of national law and national legislation will be interpreted accordingly by national
courts.
53. What other international agreements, if any, have been entered into?  What do those
agreements provide?
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II. RESPONSES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. G
ENERAL (SECTION A OF DOCUMENT IP/C/13)
1. Does your economy's industrial property law and/or related law prevent the use of
geographical indications identifying wines or spirits against products not originating in the place
indicated by the geographical indication, even where the true origin of the goods is indicated or the
geographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
No.
B. DEFINITION AND CRITERIA FOR RECOGNITION (SECTION B OF DOCUMENT IP/C/13)
2. Is there a clear distinction among the terms "geographical indications", "appellations of
origin" and "indications of source" in your economy's industrial property law and/or related law, or
are there any substantive criteria to distinguish these terms?
In the national law (see the answer to question 2 under I above), only the term "geographical
indication" is used.
3. Does your legislation contain criteria for homonymous geographical indications for wines
and spirits?
See the answer to question 14 under I above.
C. RELATIONSHIP TO TRADEMARKS (SECTION F OF DOCUMENT IP/C/13)
4. Does your economy's industrial property law and/or related law provide the refusal or
invalidation of a trademark registration, which consists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?
See the answer to question 44 under I above.
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