RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.11/Rev.1
15 April 1999
(99-1503)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Responses to the Checklist of Questions1
Addendum
LIECHTENSTEIN
Revision
By means of a communication from its Permanent Mission, dated 12 March 1999, a revised
and corrected version of the responses of Liechtenstein to the Checklist, as reproduced below, has
been received from Liechtenstein.  The text replaces the version published in document
IP/C/W/117/Add.11 of 10 February 1999.
_______________
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 (Unfair Competition Act, Liechtenstein Law
Gazette 1992, No. 1213) applies only if there is no specific provision in the Trademark Law.
Concurrent application is possible in civil law, but not to obtain an extension to the protection
afforded by the Trademark Act (as special IP 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.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.
2 See document IP/C/1/LIE/I/1/Rev. 1.
3 See document IP/N/LIE/I/3.IP/C/W/117/Add.11/Rev.1
Page 2
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 19234, parts of 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 theregistration of geographical indications under this Ordinance, which provides for an additional
protection for agricultural products including spir its, see document IP/C/W/76/Add.5/Suppl.1 and the
Swiss answers to the related questions of the Checklist. Liechtenstein producers face the same
registration requirements as Swiss producers under this Ordinance.
As far as wines are concerned, reference is made also to the new Swiss Ordinance on
Viticulture and the Importation of Wine (SR 916.140, AS 1999, 86) as far as applicable subject to the
bilateral Customs Union Treaty.
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.
Furthermore, the Agreement on the Euro pean Economic Area of 2 May 1992 (EEA
Agreement) contains extensive references to European Community legislation on definition,
description and presentation of wines and spirits in its Annex II, Section XXVII.
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 theUnfair Competition Act may apply.
5
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.
                                                     
4 See notification IP/N/4/LIE/1 and IP/N/4/CHE/1, respectively.
5 See the notification in document IP/N/1/LIE/I/3.IP/C/W/117/Add.11/Rev.1
Page 3
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 1997concerning the Protection of Appellations of Origin and Geographical Indications with respect to
Agricultural Products and Processed Agricultural  Products (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.
The same level of protection is also provided by the Trademark Act for all products (except
registered agricultural products according to applicable law, see above) and services, wherever there
is a link between the product and the place and this link is recognized by the circles concerned.
B. DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
In the context of the Trademark Act, 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).
In this context direct indications are precise designations of the geographical source of a
product or service (names of places, continents, countries, etc). Indirect indications do not refer to a
particular place or region explicitly but by means of verbal or figurative symbols such as names or
well-known representations of mountains, lakes, rivers or monuments of national or international
renown, well-known emblems of cities, or names of figurative representations of famous historical
persons.
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 the question refers to quality products or products with a high reputation bearing an indirect
geographical indication (see the answer to question 8 above), the answer is yes.    According to
Article 45, paragraph 1 of the Trademark Act, the indication must relate to the source as a minimum
requirement.
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 andcomponents 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 withIP/C/W/117/Add.11/Rev.1
Page 4
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?
As long as the definition of human creativity according to this question does not mean a
certain level, individuality or originality, it is possible to cover products in which human creativity
(including know-how) is involved in varying degrees in the context of the Trademark Act. However,
there are cases in which the indication is simply us ed to indicate the place of manufacture or the
source of the basic materials and components of the product or service.
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. In this case it should be noted that, if the authorities and groups concerned so desire and
are so authorized, they may file a geographical indication as a guarantee mark or collective mark.
A guarantee mark is a sign used by several companies under the supervision of its holder,
with a view to guaranteeing the quality, geographical origin, method of manufacture or other
characteristics of these companies‘ products or services. In particular, the following are deemed to be
such characteristics: quality, identical geographical origin, similar method of manufacture (such as
environmentally friendly products), special technical characteristics (approved products), “fair-trade”products or services. To avoid any conflict of inte rest, the guarantee mark may not be used by the
holder or by a company with which he/she has close economic ties. For a consideration, the holder
must authorize the use of the guarantee mark for products or services with the common characteristics
guaranteed by the trademark regulations (Article 22 Trademark Act). The guarantee mark may be
used in addition to indications registered under th e applicable Swiss agricultural or viticultural
provisions (see the answer to question 2 above), if the product concerned includes other essential
features not linked to the geographical place.
A collective mark is the sign of a group of production, trade or service companies. It is used
to distinguish the products or services of members of the group from those of other companies
(Article 23 Trademark Act).
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 of 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 as or combined with a trademark, 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/Rev.1
Page 5
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 Agr eements).  International law is considered to be an
integral part of national law.
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. In the context of
the Trademark Act, the protection for Liechtenstein geographical indications is automatic. It does not
require any recognition or registration procedure and neither is there any procedural fee. It should be
pointed out that a geographical indication can be registered as an „established mark“ (whether in the
form of an individual mark, a collective mark or a guarantee mark (see the answer to question 12
above)), provided that it has established itself on the markets the distinctive sign of a particularcompany. The mark is registered with the Office of National Economy.
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?
Protection of geographical indications is guaranteed automatically, if the criteria contained in
the relevant provisions of the Trademark Act are met. No fee is required, as there is no formal
registration procedure.
If a geographical indication is registered related to a trademark, there will be a fee according
to the Ordinance of 1 April 1997 regarding the Collection of Fees under the Trademark ActIP/C/W/117/Add.11/Rev.1
Page 6
(Liechtenstein Law Gazette 1997, No. 786). The fee for three classes amounts to CHF 400.--, not
including the costs of the publication.
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 (see the answer to question 10 above).
According to the Trademark Act, it is possible for a geographical indication to be used and
registered as a trademark, if its use is clearly whimsical and there is no chance of anyone being misled
as to the true source. In this particular case, however, the name does not meet the requirements of
Article 45 of the Trademark Act; accordingly, it is not a protected as geographical indication within
the meaning of Articles 22 et seq . of the TRIPS Agreement, but as a mere trademark.
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 if 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 in a court trial.
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?
The practice of the Office of National Economy is quite strict. A sign is apt to mislead when it
contains a geographical indication, alone or combined with other elements, which leads the consumer
to believe that the product comes from the country to which the indication relates, whereas in reality it
                                                     
6 See document IP/N/1/LIE/I/2/Rev. 1.IP/C/W/117/Add.11/Rev.1
Page 7
does not. The assessment is made according to the circumstances in each particular case. The criteria
which determine the assessment include:
- the extent to which the word is well-known as a geographical indication;
- an effective or easily identifiable link between the geographical indication and any
additional indications contained in the mark that might increase or reduce the risk ofthe public being misled;
- the products or services in question.Where necessary, corrections are demanded. Any misleading correction is rejected.
D. MAINTENANCE
28. How long does recognition for a geographical indica tion continue?
The protection provided for a geographical indication is, by definition and under
Liechtenstein law, indefinite in duration. If however in relation to a trademark, it is ten 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.
30. Must a geographical indication be used in order to maintain rights?  If so, how is such use
determined?
No. Nevertheless, in cases where the geographical indication is registered as an „established
mark“ (individual, guarantee or collective mark), continuous non-use for a period of five years leads
to the forfeiture of the mark, unless the holder can give a good reason for the non-use (Article 12 of
the Trademark Act).
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?
In the context of the Trademark Act, the asso ciations themselves, according to the product
and the circumstances, do the monitoring. Consumer organizations may also perform this function.
If the geographical indication has established itself as a mark and has been registered as a
collective or guarantee mark, then the holder of the mark will be responsible for monitoring its use.
This function, whose procedures are laid down in the regulations, may also be delegated to a third
party (Articles 24 to 27 of the Trademark Act).IP/C/W/117/Add.11/Rev.1
Page 8
33. If a government entity is responsible for m onitoring the use of geogr aphical indications, what
are its procedures for doing so?
-
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.
No, if the geographical indication is protected as such. However, in the context of the
Trademark Act there are means in cases of continuous non-use (see the answer to question 30 above):
the holder will be given a time-limit to remedy the situation by the judge. If no action is being taken,
the mark will be cancelled.
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?
See the answer to question 34 above.
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?
-
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?
In the context of the Trademark Act, there are no relevant provisions, the protection of the
geographical indication being automatic. It is possible for groups - established on the basis of private
law - to lay down rules, voluntarily accepted, concerning the use of a geographical indication.
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.IP/C/W/117/Add.11/Rev.1
Page 9
However, in the context of the Trademark Act, the obligation to use exists when the
geographical indication has been registered as an "established mark" (individual, guarantee or
collective mark). If the holder has not used the mark in connection with the registered products or
services during a continuous period of five years,  he/she may no longer assert his/her right to the
mark, unless there is a good reason for the non-use (Article 12, paragraph 1 of the Trademark Act; see
also the answer to question 30 above). If the mark is first used or use is resumed after more than fiveyears, the right to the mark is restored with effect  from the original priority date, provided that no one
has invoked non-use under paragraph 1 before the date of first use or resumption of use (Article 12,
paragraph 2 of the Trademark Act).
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. Where the geographical indication has been registered as
an "established mark", licensing is allowed for the individual mark and the collective mark. It must be
entered in the register (Article 28 of the Trademark Act). As the guarantee mark serves a differentpurpose (it is not used to distinguish one product or service from another but to perform a guarantee
function), it must be accessible to anyone who meet s the requirements (Article 22, paragraph 3 of the
Trademark Act). For the guarantee mark, see the answer to question 17 above.
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?
In general, given that direct and indirect geographical indications indisputably describe the
geographical source of a product, they are treated as signs in the public domain. Accordingly, as a
general rule, they cannot be monopolized by a single enterprise.
In the context of the Trademark Act, the general principle described above applies. Unless
they have established themselves as marks for the products or services concerned, signs in the public
domain are excluded from protection (absolute reason for exclusion - Article 2, paragraph 1 of the
Trademark Act). The same applies if the sign is liab le to mislead or is contrary to the law in force
(Article 2(c) and (d) of the Trademark Act).
Thus, geographical indications can be registered as trademarks when they have established
themselves as marks for the products or services concerned. If the mark has established itself abroad,
in the country to which the geographical indication relates, the mark is registered in Liechtenstein.The same applies when the foreign geographical name has been entered in the trademark register of
the country of origin, provided that the mark does not mislead the public as to the origin of the
products or services.IP/C/W/117/Add.11/Rev.1
Page 10
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.
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 havenot 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.
The possible remedies in civil law as provided for in the Trademark Act are as follows:
declaratory action to establish a right or legal relationship (Article 50); actions to enforce performance
(i.e. prohibition of an infringement or threat of infringement of a geographical indication), order todesist, order to reveal the source of objects illegally bearing n geographical indication (Article 53);
confiscation, destruction, etc. (Article 55); provisional measures (Article 57); publication of
judgement (Article 58).
The criminal penalties are imprisonment for a maximum of one year or a fine of up to CHF
360,000 for whoever intentionally uses an inaccurate geographical indication or a designation liable to
be confused with an inaccurate designation, or crea tes a risk of deception by using a name, address or
mark in connection with products or services from another source. If the offender is making a
business of it, he/she will be prosecuted ex officio. The penalty is imprisonment for up to three years
and a fine of up to CHF 360,000 (Article 62).
Border measures: the (Swiss) Federal Customs Administration has the right to notify the
beneficiary of a geographical indication or a trade or business association with the capacity to institute
legal proceedings when there is reason to suspect the imminent importation or exportation of products
to which the geographical indication has been illegally affixed (Article 68). The holder of thegeographical indication may request the Federal Customs Administration through the Office of
National Economy or, in urgent cases, directly to detain the goods, for a maximum of ten working
days. In exceptional circumstances, the detention period may be extended by a maximum of ten
working days. If there is a risk of damage, the Federal Customs Administration may ask for
appropriate security. Anyone who improperly requests the detention of goods must make good theinjury caused, if the provisional measures are unjustified or if they have not been ordered (Article 70).
Trade and business associations whose rules and regulations authorize them to protect the economic
interests of their members and organizations of na tional or regional importance with a statutory duty
to protect the consumer also have the capacity to bring legal proceedings (Articles 50, 53 and 54).IP/C/W/117/Add.11/Rev.1
Page 11
Protection may furthermore be granted under the Unfair Competition Act (UCA): Anyone
whose goodwill, credit or professional reputation, or business or economic interests are the subject of
an act of unfair competition or are threatened therewith may request the judge to prohibit it, if
imminent, to put an end to it if it still continues or to declare it illegal if the trouble it has caused per-
sists. In particular, he/she may request that a rectification be made or that the judgement becommunicated to third parties or published. He/she  may also ask for damages (Article 9 UCA).
Provisional measures are also possible (Article 14 UCA). Proceedings may be instituted by customers
whose economic interests are threatened or injured by an act of unfair competition. Proceedings may
also be initiated by trade or business associations whose rules and regulations authorize them to
protect the economic interests of their members and organizations of national or regional importance
with a statutory duty to protect the consumer (Article 10 - actions to prohibit (prevent) or terminate
the unfair act).
Criminal provisions: anyone who intentionally engages in unfair competition (for example,
gives inaccurate or misleading information on his/her goods, takes measures liable to give rise to
misunderstanding with respect to the goods, etc.) wi ll, upon complaint, be liable to imprisonment or a
fine of up to CHF 100,000 (Article 23 UCA).
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 Enforcement
7
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.
                                                     
7 Document IP/N/6/LIE/1.IP/C/W/117/Add.11/Rev.1
Page 12
Yes.  See the answer to question 47 above.
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 nationalcourts.
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 thegeographical indication is used in translation or accompanied by expressions such as "kind", "type",
"style", "imitation" or the like?
Yes. The use of delocalizing terms, for example, adding the actual place of production to a
false geographical indication or adding indications such as "kind", "type", "style", "according to the
method", "as produced in", etc, is illegal in Liechtenstein.
The definition of geographical indication in Article 45 (see answer to question 8 under I
above) also includes indications which emphasize the quality or properties of a product by suggesting
an incorrect source. This provision also covers appellations of origin such as those of the wine sector.
Inasmuch as other provisions do not deal expressly with the specific question of delocalizing
qualifiers, it is the Trademark Act that applies. Finally, geographical indications not registered underthe above mentioned Swiss Ordinance fall under the Trademark Act. Delocalizing qualifiers are also
prohibited for these indications. See furthermore the relevant provisions applicable under the EEA
Agreement as mentioned in the answer to question 2 under I above, especially EEC Regulations
1576/89 and 1601/91.
B. D
EFINITION 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.IP/C/W/117/Add.11/Rev.1
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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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