How are geographical indications protected in Canada?
Canada protects geographical indications by several means. For goods and services in general, an effective means of protection is provided though certification marks, under Canada’s Trade-Marks Act. Protection of geographical indications is also afforded through the common law tort of passing off, and in Québec under the Civil Code of Québec. Additional protection for geographical indications for wines and spirits is provided under the Trade-Marks Act in compliance with the requirements of Article 23 of the TRIPS Agreement. Canada uses its regime for certification marks under its federal Trade-Marks Act to fulfill the obligations of Article 22 of the TRIPS Agreement. A certification mark is a type of trademark used for the purpose of distinguishing goods and services that are of a defined standard from those that are not. The defined standards may relate to, inter alia, the quality of goods or services, and/or the area within which the goods have been produced or services performed, i.
