Bilateral agreements and treaties

• Basic principle
• Agreements and treaties with France, Greece, Italy, Switzerland and Spain
• Specific provision - Agreement with Cuba

Basic principle

Numerous bilateral agreements and treaties have been concluded in order to protect indications of geographical source. The structure of the agreements or treaties between the Federal Republic of Germany and the states concerned are almost identical.

The following bilateral agreements and treaties are currently in force:

• Agreement between the Federal Republic of Germany and the French Republic of 8 March 1960
• Agreement between the Federal Republic of Germany and the Kingdom of Greece of 16 April 1964
• Agreement between the Federal Republic of Germany and the Italian Republic of 23 July 1963
• Agreement between the Federal Republic of Germany and the Republic of Cuba of 22 March 1954
• Treaty between the Federal Republic of Germany and the Swiss Confederation of 7 March 1967
• Treaty between the Federal Republic of Germany and the Spanish State of 11 September 1970

Agreements and treaties with France, Greece, Italy, Switzerland and Spain

Indications concerning the geographical provenance of products are important distinguishing features in the course of trade. From an early stage, bilateral agreements have been concluded to take account of this fact.

Each contracting State undertakes to take all the necessary measures to ensure effective protection of the agricultural and industrial products originating from the other State’s territory from unfair competition in the course of trade, and to protect the indications and designations listed in Annexes A and B of the relevant agreement.

Annex A
of the agreement includes the indications of geographical source and designations of origin of the Federal Republic of Germany.

Annex B
of the agreement includes the indications of geographical source and designations of origin of the other contracting State.

The use of any of the designations listed in Annex B of the agreement in the course of trade in violation of the Agreement may lead to seizure by the customs authorities.

Specific provision - Agreement with Cuba

Fidel Castro used to rhapsodise about Cohibas, and for Winston Churchill only Romeos y Julietas from Havana were good enough. Both preferred Cuban cigars, as did many others. As Franz Liszt used to say: It only needs a good cigar from overseas to banish worldly cares.

Although some tobacco producers will certainly disagree, it is generally recognised that the best cigar tobacco comes from Cuba.

This shows why indications of a product’s geographic source are hugely important distinguishing characteristics in commercial practice.
Bilateral agreements that recognise this have a long history.

In contrast to the other bilateral treaties or agreements on the protection of geographical indications, designations of origin,and other geographic names, this specific agreement makes no distinction between the particular kinds of product and the designations.

This agreement deals with three specific situations:

1. A false designation of origin in the course of trade with respect to any kind of goods
2. The use of the coat of arms, the flag, or other state emblems for designating or distinguishing products or goods
3. The use of the designations "Habana", "Havana", "Havanna", "Habano", "Havano", "Cuba", "Cubano", "Vuelta Abajo", and any other derived or similar names for tobacco or tobacco products in the Federal Republic of Germany

The false designation of origin refers only to geographical indications. It is not, however, a false designation of origin if the geographical indication can be seen as a generic termin the commercial context.

At present no government authorisations for the use of national emblems are known.

The most important Cuban export goods are foodstuffs, fine food (tobacco, coffee) and gold. As the tobacco or, rather, the tobacco products achieved fame throughout the world, it became necessary to create certain protective mechanisms.
The use of the designations "Habana", "Havana", "Havanna", "Habano", "Havanao", "Cuba", "Cubano", "Vuelta Abajo", and of all their derivations or other similar words may only be used for tobacco and tobacco products pursuant to the provisions of Article 13 (d) and (e).

The import of cigars or other Cuban tobacco products into, and their sale in Germany is only permitted if the outer packaging bears the seal guaranteeing Cuban origin (Sello de Garantia de Procedencia Nacional). The seal (certificate of authenticity) is green.

It was first implemented in this form in 1912; the text is in four languages (Spanish, English, French, and German). The oval panel at the right shows workers in a tobacco plantation.