New rules on authorization of use of GIs proposed

In December 2006 the Colombian Trademark Office (TO) published new rules in connection with authorizing the use of geographical indications (GI). After declaring that a particular name is protected as a GI, the TO grants authorizations of use of the denomination. According to the new rules, public or private entities that represent the interests of the beneficiaries of a GI will be entitled to request to be a delegate to authorize the use of such a GI. If approved, the rules will set out the requirements and conditions under which the TO will grant such rights.

Entities requesting the right to act as a delegate must be organized as a valid and legal association, and must be composed of the individuals or companies that extract, produce and manufacture the products protected by the GI.

The application for requesting to be a delegate must be filed with the TO. The application must be accompanied by the corresponding official fee and the documents which prove each and all of the following details:

• The description of the legitimate interest of the applicant;
  
  
• The description of the financial, administrative and technical capacity of the applicant, as well as the necessary technical elements to be able to grant the authorizations;
  
  
• The description of the guarantees that assure the objectivity and impartiality of the authorization process;
  
  
• The description of the rules for using the GI; and
  
  
• The description of the quality and suitability control mechanisms of the products protected by the GI.

All the authorizations granted by the corresponding entities must be registered with the TO.

Margarita Castellanos, Castellanos & Co, Bogota