RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/117/Add.18
15 April 1999
(99-1495)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  Spanish
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE
PROVISIONS OF THE SECTION OF THE TRIPS AGREEMENT
ON GEOGRAPHICAL INDICATIONS
Checklist of Questions1
Addendum
VENEZUELA
The present document represents the responses to the Checklist which the Secretariat has
received from Venezuela, by means of a communication from its Permanent Mission dated
22 February 1999.
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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 formal procedure for
notification/registration before protection is ava ilable;  or through both?  Does the recognition
of a geographical indication require registration?
The law of the Andean Community, created by the Cartagena Agreement, protects
geographical indications2 through the application of the rules laid down in Decision 3443 - Common
Provisions on Industrial Property.
In accordance with Article 131 of the above-mentioned Decision, "the use of appellations of
origin by unauthorized persons shall be considered a sanctionable act of unfair competition".  The
Article also provides that "the right to the exclusive use of an appellation of origin shall originate with
the declaration that the competent national office makes to that end".
Consequently, a declaration by the competent national office is necessary for the grant of
protection and recognition of the appellation of origin.
                                                     
1 Documents IP/C/13 and IP/C/13/Add.1.
2 Decision 344 governs these as appellations of origin.
3 In accordance with Chapter I of the Treaty Establishing the Court of Justice of the Andean
Community, the Commission's decisions form part of th e law of the Andean Community and hence are directly
applicable in Member countries.IP/C/W/117/Add.18
Page 2
2. Is there one single regime of protection of geographical indications for all products?  If
not, identify the different regimes.
Yes, there is a single regime of protection and it is set forth in Chapter VII (Articles 129 to
142 inclusive) of Decision 344.
3. Do(es) the regime(s) of protection of geographical indications also extend to services?
The Community provisions apply solely to goods.
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 lawsshould be provided and, if the texts of the laws have not been notified to  the WTO, copies should
be provided pursuant to Article 63.2.
As mentioned in the previous answer, it is Ch apter VII of Decision 344 – Common Provisions
on Industrial Property.  However, with regard to TRIPS Article 23, first paragraph, Decision 344 doesnot provide for specific treatment of specific products (in this case wines and spirits) but rather a
general treatment for all goods.
5. If the required recognition of geographical indications is not provided through statutes
or regulations, please explain, in detail, th e mechanism or mechanisms through which the
protection required is provided.
Does not apply.
6. Please provide a few examples of domestic geographical indications protected in
accordance with the means discussed above and in dicate the means by which such protection is
provided.
Does not apply.
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 under which they are protected .
Protection of specific products is not provided for;  protection of appellations of origin is of a
general nature.
B. 
DEFINITION AND CRITERIA FOR RECOGNITION
8. How are geographical indications defined?
Article 129 of Decision 344 states that "an appellation of origin shall be understood to be a
geographical designation consisting of the name of a particular country, region or locality, or of aname which, without being that of a particular country, region or locality, refers to a specific
geographical area, which name is used to designate a product originating therein the qualities or
characteristics of which are exclusively or essentially due to the geographical environment in which it
is produced, including both natural and human factors".
9. Would such a definition comprise geographi cal indications identifying products of a
certain quality or reputation which are indirectly linked to a specific region?IP/C/W/117/Add.18
Page 3
The definition of appellation of origin in Decision 344 covers the definition of geographical
indication contained in the TRIPS Agreement.
10. In determining whether recognition should be given a geographical indication, what
criteria are considered?
The criteria are that the qualities or characteristics of the product are due exclusively or
essentially to the geographical environment in which it is produced:  hence they take the appellation
of the locality or region of their provenance.
11. Is there any human creativity involved in the making of specific products under
protection by the system of geographical indicati ons?  If so, how much?  And do these products
involve any human factors?
According to Article 129 of Decision 344, both natural and human factors are included in
relation to the specific products that may enjoy protection because they come from a specified
geographical environment.
12. Are there any other intellectual property ri ghts involved, such as patents for example?
No, but the protection and some of the procedures relating to appellations of origin follow the
same principles as in the case of trademarks.
13. What authority, if any, may define the geog raphic region or area for which rights are
claimed and on what basis is such definition made?
The competent national office of each member country of the Andean Community.
14. Does your legislation contain criteria for homonymous geographical indications for
wines?
No.
15. Does your national legislation provide for recognition and protection of geographical
indications or appellations of origin of foreign countries?
Article 142 of Decision 344 authorizes national offices to declare appellations of origin of
other countries of the subregion protected.  In the case of third countries, protection may be granted if
the appellation of origin is protected in the third country and there is a written agreement or the lattercountry grants reciprocal treatment in that respect.
16. Is there any specific prohibition in the legislation/regulations/rules/procedures covering
geographical indications not protected in the countr y of origin?  If so, please specify the relevant
statutory provision .
This does not exist in Community law.
C. 
PROCEDURE FOR RECOGNITION
17. With respect to any formal system for recognition of geographical indications, must the
applicant be a governmental organization or can a private entity own the rights to a
geographical indication?IP/C/W/117/Add.18
Page 4
Protection of an appellation of origin may be carried out ex officio or at the request of persons
who can prove a legitimate interest, understood as being natural persons or legal entities directly
engaged in the activity giving rise to the protection and carrying out such activity within the territory
specified in the declaration.  Protection may also be requested by local or state authorities interested in
the protection of appellations of origin of their own areas of concern.4
It should also be noted that the authorization to use an appellation of origin declared protected
by the competent national office may be applied for only by those directly engaged in the extraction,
production or processing of the products identified by the appellation of origin and who conduct the
said activity within the territory specified in the declaration.5
18. What are the competent authorities where the protection of a geographical indicationcan be obtained?
Only from the competent national office of each member country.  In Venezuela the
competent national office is the Autonomous Intellectual Property Service (SAPI) attached to the
Ministry of Industry and Trade.
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?
Both possibilities exist, but requirements are laid down for the submission of applications for
protection.
20. What, if any, fees are involved in the application and maintenance of rights in a
geographical indication?
Article 145 of Decision 344 provides that "the competent national offices may introduce such
fees as they consider necessary for the handling of the procedures referred to in this Decision".
21. If criteria must be set out in an application for recognition of a geographical indication,
are those criteria purely geographic in nature?
No.  It is also necessary to determine the product or products that will be identified by the
requested protection, as well as their characteristics and the information required by the competent
national office.
6
22. What other criteria, if any, must be set out in an application for recognition of a
geographical indication?
Article 134 of Decision 344 lays down the following requirements for the application for
declaration of protection:
(a) Name, domicile, residence and nationality of the applicant or applicants, and legal
interest;
(b) the appellation of origin in respect of which the application is filed;
                                                     
4 See Article 133 of Decision 344.
5 See Article 137 of Decision 344.
6 See Article 134(d) of Decision 344.IP/C/W/117/Add.18
Page 5
(c) the geographical area within which the production, extraction or processing of the
product to be identified by the appellation takes place, demarcated according to
geographical features and political divisions;
(d) a detailed description of the product or products that the appellation applied for will
identify, together with the characteristics thereof;
(e) any other information stipulated by the competent national office.
23. What information must be supplied in an application for rights in a geographical
indication?
Article 137 of Decision 344 states that authorization to use an appellation of origin declared
protected by the competent national office "shall be applied for before the said office by those persons
who:
(a) Are directly engaged in the extraction, production or processing of the products
identified by the appellation of origin;
(b) conduct the said activity within the te rritory specified in the declaration;
(c) comply with other requirements imposed by competent national offices".
24. Must the goods or services with respect to  which a geographical indication is claimed be
set out?
Yes, they must.
25. What mechanisms are provided to oppose the recognition of a geographical indication?
How is an investigation conducted after such a complaint?
Article 135 of Decision 344 states that in this ca se the procedure is that followed in the case of
registration of a mark, in other words, anyone w ith a legitimate interest may submit comments within
30 working days following publication of the appli cation;  thereafter, the competent national office
analyses the comment, and if it finds it valid, notifie s the applicant.  The latter has 30 working days to
submit a rebuttal, after which the decision on granting or refusing the protection has to be taken.
26. Who can oppose the recognition of a geographical indication?
Any person having a legitimate interest in doing so.7
27. If your national legislation provides fo r recognition and protection of geographical
indications or appellations of origin of foreign countries, what is the procedure that has to be
followed in order to obtain such recognition and consequent protection?
Article 142 of Decision 344 empowers competen t national offices to grant protection of
appellations of other countries of the subregion wh ere the application for such protection is filed by
producers, extractors, manufacturers or craftsmen w ho have a legitimate interest or by the public
authorities of those countries.  In the case of ot her countries, protection may be granted where the
appellation of origin is protected in that country and there is a written agreement with that country or the
latter grants reciprocal treatment in that connection.
                                                     
7 See Article 93 of Decision 344.IP/C/W/117/Add.18
Page 6
D. MAINTENANCE
28. How long does recognition for a geographical indication continue?
The grant of an appellation of origin is indefin ite in terms of time, but the entitlement for a
producer to use it by means of an authorization has a duration of ten years, which may be renewed for
equal periods.8
29. If recognition of a geographical indicati on must be renewed or reaffirmed, what
information must be provided in order to effect such a renewal or reaffirmation?  Specify any fees
involved in renewal or reaffirmation.
See the reply to the previous question.
30. Must a geographical indication be  used in order to maintain ri ghts?  If so, how is such use
determined?
We do not have any such provision in Decision 344.
31. Is there a specified limit for non-use before righ ts in a geographical indication cease and, if
so, what is that limit?
No.
32. Who monitors the use of geographical indication s to determine if the criteria identified in
the application continue to be met?
The competent national office (Article 136).
33. If a government entity is responsible for mo nitoring the use of geographical indications,
what are its procedures for doing so?
Decision 344 does not have any provision in this regard.
34. Are there means by which interested partie s may request termination of a geographical
indication based on non-use or failure to mainta in the criteria identified in the application?
Describe the procedure.
The competent national office may terminate it ex offi cio or at the request of an interested party
to the competent national office, in accordan ce with the criteria laid down in Article 140.
35. Do the procedures which lead to forfeitu re of a geographical indication take place
ex officio or must they be based on th e initiative of an entity or person?
According to Article 140 of Decision 344, "the comp etent national office may, either ex officio
or at the request of a party, invalidate the authoriza tion to use a protected appellation of origin, after the
parties have been heard, in it has been gr anted in contravention of this Decision".
                                                     
8 See Articles 139 in conjunction with Article 99 of Decision 344.IP/C/W/117/Add.18
Page 7
E. SCOPE OF RIGHTS AND USE
36. May anyone who meets the criteria submitte d to obtain recognition of a geographical
indication use that geographical i ndication after recognition is give n or must additional criteria or
procedures be followed by that party before use is permitted?
Once an area has been declared an appellation of origin by the competent office, the interested
party has to apply for authorization from the competen t national office to use the appellation of origin.
The office will assess the status of the producer, manufacturer or craftsman.  Following authorization,
the geographical indication may be used.
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?
The entity responsible for the recognition.
38. Are there fees involved in receiving authorization to use a particular geographical
indication and, if so, what are thos e fees and how are they established?
Article 145 of Decision 344 provides that "the  competent national offices may introduce such
fees as they consider necessary for the handling of  the procedures referred to in this Decision".
39. If there is a dispute regarding use of a geog raphical indication by a particular party, what
procedures are followed to resolve it?
Decision 344 refers to the procedure in respect of marks.
40. Must individual authorized users of a ge ographical indication use that geographical
indication continually to retain their right to use it and, if so, how is their use determined and how
long will disuse be permitted?
No requirements are laid down for monitoring th e use of an appellation of origin.  The only
requirement is that once the protection period has lapsed, the person who has the authorization must
apply to renew it within six months, failing which the authorization expires.
41. If there is a dispute over continuity of us e by a particular part y, how is it resolved?
This possibility is not provided for, but a pa rty may apply for the authorization to use an
appellation of origin to be cancelled if it has been granted in contravention of the Andean Decision, in
which case the dispute has to be settled by the competent national office.
42. Does the regime for protection of geographica l indications allow geographical indications
to be licensed and, if so, what conditions are impo sed on such licenses?  If  such conditions are not
met, what is the effect on  the geographical indication?
Decision 344 does not provide for this possibility.  A ll that is provided for is the authorization to
use a protected appellation of origin.
43. How is "grandfathered use" of a geographi cal indication, under Article 24.4 of the TRIPS
Agreement, applied in your country?
Decision 344 does not contain any provision in this regard.IP/C/W/117/Add.18
Page 8
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 Agreement are not nullified and impaired?
Decision 344 only provides that as regards proced ures, duration of protect ion, authorization and
renewal of authorization, the same criteria as are applicable for trademarks shall be followed.
45. What steps are taken to ensure that, in  recognizing a geographical indication, the
obligations of Article 16.2 and 16.3 of the TRIP S Agreement are not nullified and impaired?
Decision 344 does not provide measures in this regard.
46. What procedures are foreseen in case of a conflict of a geographical indication with a
trademark?
Decision 344 does not provide measures in this regard.
G. ENFORCEMENT
47. How are rights in the geographical indica tion enforced?  Are provisions available under
unfair competition law?  Trademark law?  Other la ws?  Provide citations to the laws and, if they
have not been notified under Article 63.2 of the TRIPS Agreement, please provide copies.
Rights relating to geographical indications ar e governed by Decision 344 – Common Provisions
on Industrial Property.  The legislation on marks fo r member countries of the Andean Community are
also contained in Decision 344, which provides for the possibility of cancelling registration owing to
inappropriate use of protected geographical i ndications as a mark (see previous reply).
48. Who has the right to enforce a geographical indication?
Each member country through its competent national office.
49. What judicial or ad ministrative bodies have jurisdic tion over enforcement actions related
to geographical indications?  Are there fees involved and, if so, what are those fees?
The competent national office of each country.  The fees for applications to these offices depend
on each country.9  If an action is brought before the national courts and they have to take a decision
relating to the provisions of the legal system of  the Andean Community, they must refer the matter to
the Court of Justice of the Cartagena Agreement for a ruling on the disputed matter, in what is called a
pre-judicial interpretation.
50. Must the public be notified of the existence of a geographical indication and, if so, how
and how often?
For the declaration of protection of an appellati on of origin to be granted, the application must
be published once only (each country determines where, usually in its official journal), which enables
possible interested parties to be aware of the procedure.
51. Is unauthorized use of a geographical indication subject to criminal action and, if so,
describe the procedures.  If the law has not b een notified pursuant to Article 63.2 of the TRIPS
Agreement, please provide a copy.
                                                     
9 See Article 145 of Decision 344.IP/C/W/117/Add.18
Page 9
Decision 344 does not provide for this;  it is a matter for the domestic law of each country.
Venezuelan law does not provide for crimin al action under the 1995 Industrial Property Law.
H. INTERNATIONAL AGREEMENTS
52. Is your government party to an internatio nal, including bilateral or plurilateral,
agreement for the notification and/or registration of  geographical indications?   If so, please name
the international agreement and explain the relationship between it and your national legislation .
Decision 344 contains the basic provisions to be applied by each of the member countries of the
Andean Community in relation to appellations of or igin.  In addition, all the member countries are
members of the World Intellectual Property Orga nization (WIPO) and have signed the TRIPS
Agreement.
53. What other international agreements, if an y, have been entered into?  What do those
agreements provide?
The member countries of the Andean Community are also members of the Paris Convention for
the Protection of Industrial Property.
II. REPLIES TO THE QUESTIONS IN DOCUMENT IP/C/13/ADD.1
A. GENERAL (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 sp irits 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?
Article 132(b) of Decision 344 establishes that those appellations of origin may not be
declared such that:  "… are liable to mislead the public as to the source, nature, manner of
manufacture or characteristics or qualities of the products concerned".
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 relatedlaw, or are there any substantive criteria to distinguish these terms?
No.  As mentioned in footnote 1, under Community law the concept of "geographical
indication" is equivalent to that of "appellation of origin".
3. Does your legislation contain criteria for homonymous geographical indications for
wines and spirits?
No, the provisions are general and apply to any product.
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 co nsists of or contains geographical indications
identifying wines or spirits with respect to such wines or spirits not originating in the indicated
territory?IP/C/W/117/Add.18
Page 10
Yes, Article 82 of Decision 344 states that thos e signs may not be registered as marks that:
(i) Reproduce or imitate a protected appellation of origin, consist of a national or foreign
geographical designation that is liable to be misleading in relation to the products or
services to which it is applied or, in use, to mislead the public as to the origin, source,
qualities or characteristics of the goods for which the marks are used".  Accordingly,cancellation of registration of a mark may be applied for, ex officio or at a request of
a party.
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