A geographical indication GI is a name or sign used on products
which corresponds to a specific geographical location or origin.
For example, a town region or country.
The use of a geographical indication as an indication of
the product source is intended as a certification that the
product possesses certain qualities is made according to
traditional methods or enjoys a good reputation due to its
geographical origin article. 22 point one of the trips agreement
defines geographical Indications, as indications,
which identify good as originating in the territory of
a member, or region or locality in that territory, we're giving
quality reputation or other characteristic of the good is
essentially attributable to its geographical origin.
Appalachian doors in control. A appellation of origin is a
subtype of geographical indication where quality method
and reputation of a product originated from a strictly
defined area specified in its intellectual property, right?
Registration. History governments, have
protected trade names and trademarks of food products
identified with a particular region.
Since at least the end of the 19th century using laws against
false trade descriptions or passing off, which generally
protects against suggestions that a product has a certain
origin quality or Association. When it does not, in such cases,
the limitation on competitive freedoms which results from the
grant of a monopoly of use over a geographical indication is
justified by governments either by consumer protection.
Benefits or by producer protection benefits.
One of the first GI systems is the one used in France from the
early part of the 20th century known as Appalachian.
Derision control a AOC items that meet geographical origin
and quality standards. May be endorsed with a
government-issued stamp which acts as official certification
of the origins and standards of the product examples of products
that have such appellations of origin.
Include gruyere cheese from Switzerland and many French
wines under champagne or graph of the 1919 Treaty of
Versailles. Germany was forbidden from using
Allied geographical indications, on products, which in particular
affected, the German, Cognac, and champagne Industries.
As the French considered the terms misleading.
References to places in France. Since then the terms vibrant and
sector been used instead, geographical indications have
long been associated with the concept of terroir and with
Europe as an entity were, there is a tradition of associating,
certain food products with particular regions.
Under European Union, law, the protected, designation of origin
framework which came into effect in 1992.
Regulates the following systems of geographical indications
protected, designation of origin.
PDO protected, geographical indication PGI and traditional
speciality is guaranteed tsg areas.
Covered the use of geographical indications is not limited to
agricultural products. A geographical indication may
also highlight specific qualities of a Product that are
due to human factors found in the products.
Place of origin, such as specific manufacturing skills
and traditions, for example, handicrafts which are generally
handmade using local natural resources and usually embedded
in the traditions of local communities differences between
geographical indications and other protections trademarks
geographical indications. And trademarks are distinctive,
signs used to distinguish goods or services in the marketplace
both convey information about the Jin of a good or service and
enable consumers to associate a particular quality with a good
or service trademarks inform consumers about the source of a
good or service. They identify a good or service
as originating from a particular company trademarks help
consumers associate a good or service with a specific quality
or reputation based on information about the company
responsible for producing or offering it geographical
indications, identify good as originating from a particular
place based on its Place of origin, consumers, May associate
a good with a particular quality characteristic or reputation.
A trademark often consists of an arbitrary sign that may be used
by its owner or another person authorized to do.
So, a trademark can be assigned or license to anyone anywhere in
the world because it is linked to a specific company and not to
a particular place in contrast. The sign used to denote a
geographical indication, usually corresponds to the name of the
place of origin of the good or to the name by which Good is
known in that place. A geographical indication may be
used by all persons, who in the area of origin, produce the
goods, according to specified standards.
However, because of its link with the place of origin, a
geographical indication cannot be assigned or license to
someone outside that place or not.
Belonging to the group of authorized, producers
appellation of origin. Appellations of origin are a
special kind of geographical indication the term is used in
the Paris convention and defined in the spin agreement Article 2
of the Lisbon agreement defines appellations of origin as one,
the geographical denomination of a country region or locality,
which serves to designate a product originating there in the
quality or characteristics of which are do exclusively or
essentially to the geographical environment, including natural
and human factors. This definition suggests that
appellations of origin consists of the name of the products
place of origin. However, it is interesting to
note that a number of All indications that are not placed
names but refer to a product in connection with a place are
protected as appellations of origin.
Under the Lisbon agreement. For example, reblock and cheese
and vinho Verde. Green wine.
It is sometimes argued that products with a certain
reputation, but no other quality due to their place of origin are
not considered appellations of origin under the Lisbon
agreement. However, this interpretation is
not universally accepted nevertheless, appellations of
origin. And geographical Stations both
require a qualitative link between the product to which
they refer and its place of origin, both inform consumers
about a products, geographical origin and a quality or
characteristic of the product link to its place of origin.
The basic difference between the two terms is that the link with
a place of origin must be stronger in the case of an
appellation of origin, the quality, or characteristics of a
product protected as an appellation of origin, must
result exclusively or essentially from its
geographical origin. This generally, Means that the
raw materials should be sourced in the place of origin.
And that the processing of the product should also happen
there, in the case, of geographical indications, a
single Criterion attributable to geographical origin is
sufficient, be it a quality or other characteristic of the
product or only its reputation? Moreover, the production of the
raw materials and the development or processing of a
GI product, do not necessarily take place entirely in the
defined geographical area dot. The term appellation of origin
is often Used in laws that establish a specific right and
system of protection for geographical indications, in
so-called suae generous systems of protection, see the section
on how to obtain protection for geographical indications
geographical indication is a more General concept that does
not determine a specific mode of protection.
Rural development effects, geographical indications are
generally applied to traditional products produced by rural
marginal or indigenous communities over Generations
that have gained. Reputation on the local National
or International markets due to their specific unique qualities,
producers can add value to their products through geographical
indications. By communicating, to Consumers
the products characteristics, which derive from the climate
soil and other natural conditions in its particular,
geographical area, promoting the conservation of local
traditional production processes and protecting and adding value
to the cultural identity of local communities.
The recognition and protection on the markets of the names of
these products allows the community of producers to invest
in. Maintaining the specific
qualities of the product on which the reputation is built.
Most importantly, as the reputation, spreads Beyond
borders, and demand grows investment may be directed to
the sustainability of the environment, where these
products originated and are produced in the International
Trade Centers guide to geographical indications,
linking products and their Origins authors.
Danielle giovannucci Professor, Tim Jaws, William kircher
Bernard O'Connor, and métis, and clearly assert that geographical
indications are by no means a Panacea for the difficulties of
rural development. They can however, offer a
comprehensive framework for Rural Development.
Since they can positively Encompass, issues of economic
competitiveness, stakeholder Equity, environmental
stewardship and socio-cultural value.
The application of a circular economy will ensure socio
economic returns in the long run to avoid growth at an
environmental cost. This approach for GI
development, may also allow for investment together with
promoting the reputation of the product along the lines of
sustainability when and where possible rural development
impacts from geographical indications, referring to
Environmental Protection, Economic Development, and social
well-being can be the strengthening of sustainable,
local food production and Supply, except for
non-agricultural GI such as handicrafts.
A structuring of the supply chain around a common product,
reputation link to origin Creator bargaining power to raw
material producers for better distribution.
So is for them to receive a higher retail price benefit
percentage capacity of producers to invest economic gains into
higher quality to access Niche markets, improving circular
economy means throughout the value chain protection against
infringement, such as free writing from illegitimate
producers Etc. Economic resilience in terms of
increased and stabilized prices for the GI product, to avoid the
commodity trap through to commoditization, or to prevent
or minimize external shocks affecting the premium price
percentage gains usually varying from 20 to 25% added value
throughout the supply chain spillover effects, such as new
business and even other GI registrations preservation of
the natural resources on which the product is based and
therefore protect the environment.
Preservation of traditions and traditional knowledge,
identity-based, Prestige, and linkages to tourism.
None of these impacts are guaranteed and they depend on
numerous factors including the process of developing the
geographical indications, the type, and effects of the
association of stakeholders. The rules for using the GI or
code of practice, the inclusiveness and quality of the
collective Dimension, decision-making of the GI,
producers Association and quality of the marketing efforts
undertaken. international issues, like trade marks
geographical indications are regulated locally by each
country because conditions of registration such as
differences, in the generic use of terms, vary from country to
Country, this is especially true of food and beverage names,
which frequently use geographical terms, but it may
also be true of other products such as carpets, for example,
Shiraz handicrafts flowers, and perfumes, when products with
gi's acquire, a reputation of international magnitude All
other products may try to pass themselves off as the authentic
GI products. This kind of competition is
often seen as unfair. As it may discourage traditional
producers as well as mislead consumers.
Thus the European Union has pursued efforts to improve the
protection of g.i. internationally inter Alia.
The European Union has established distinct legislation
to protect geographical names in the fields of wines Spirits
agricultural products, including beer a register for protected
geographical Indications and denominations of origin relating
to products in the field of Agriculture, including beer, but
excluding mineral water was established dor, another
register was set up for wine region names, namely the Abacus
register in November 2020. The European Union intellectual
property office launched, the comprehensive database GI view
covering food, wine and spirit gi's, a private database project
Gia product directory, intends to provide worldwide.
Coverage accusations of unfair. Competition should also be
leveled with caution since the use of g.i. sometimes comes from
European immigrants who brought their traditional methods and
skills with them Paris. Convention at Lisbon agreement,
International Trade made it important to try to harmonize
the different approaches and standards that governments use
to register. G is the first attempts to do.
So were found in the Paris convention on trademarks 1883
still in force 176 members followed I am much more
elaborate provision in the 1958 listing agreement on the
protection of appellations of origin and their registration
about 9,000 geographical indications were registered by
Lisbon agreement members agreement on trade-related
aspects of intellectual property rights.
The WTO agreement on trade-related aspects of
intellectual property, rights trips defines geographical
indications, as indications, that identify good as
originating in the territory of a member, or a region or
Locality in that territory where given quality reputation or
other characteristic of the good is essentially attributable to
its Geographic origin in 1994 when negotiations on the WTO
trips were concluded. Governments of all.
WTO member countries 164 countries.
As of August 2016 had agreed to set certain basic standards for
the protection of GIS and all member countries.
There are in effect. Two basic obligations, on WTO
member governments. The gis in the trips agreement
article, 22 of the trips agreement says that all
governments must provide lethal opportunities in their own laws
for the owner of a GI registered in that country to prevent the
use of marks that mislead the public as to the geographical
origin of the goods. This includes prevention of use
of a geographical name which although literally true falsely
represents that the product comes from somewhere else
article. 23 of the trips agreement says that all
governments, must provide the owners of g.i., the right under
their laws As to prevent the use of a geographical indication,
identifying wines, not originating in the place
indicated by the geographical indication this applies even
where the public is not being misled.
Were there is no unfair competition and were the true
origin of the good is indicated. With the geographical indication
is accompanied by expression. Such as kind type style,
imitation, or the like similar protection must be given to
geographical indications identifying Spirits article. 22
of trips also says that governments make Refuse to
register a trademark or may invalidate an existing trademark
if their legislation permits, or at the request of another
government. If it misleads the public, as to
the true origin of a good article, 23 says governments,
May refuse to register or may invalidate a trademark that
conflicts with a wine or Spirits GI.
Whether the trademark misleads are not article, 24 of trips
provides a number of exceptions to the protection of
geographical indications, that are particularly relevant for
geographical indications for wines and spirits.
Spirits article, 23 for example, members are not obliged to bring
a geographical indication under protection.
Where it has become a generic term for describing the product
in question, measures to implement these Provisions
should not Prejudice prior trademark rights that have been
acquired in good faith. And under certain circumstances,
including long-established use continued, use of a geographical
indication for wines or Spirits, may be allowed on a scale in
Nature's before in the Doha development round of
Negotiations launched in December 2001, WTO member
governments are negotiating on the creation of a multilateral
register of geographical indications, some countries,
including the EU are pushing for a register with legal effect
while other countries, including the United States are pushing
for a non binding system under which the WTO would simply be
notified of a members respective, geographical
indications, some governments participating in the
negotiations, especially the European.
Communities wish to go further and negotiate the inclusion of
GIS on products, other than wines and spirits under article
23 of trips. These governments argue that
extending article 23 will increase the protection of these
marks in international trade. This is a controversial
proposal. However, that is opposed by
other governments including the United States, who questioned
the need to extend the stronger protection of article, 23 to
other products. They are concerned that article.
23 protection is greater than required in most Cases to
deliver the consumer benefit. That is the fundamental
objective of gi's laws Geneva Act of the listing agreement in
2015. The Geneva Act was adopted, it
entered into Force early 2020 with the accession of the
European Union. The Geneva act Bridges, the
Lisbon system of appellations of origin and the trip system of
geographical indications differences in philosophy.
One reason for the conflicts that occur between European and
United States government's is a Difference in philosophy as to
what constitutes a, genuine product in Europe.
The prevailing theory is that of terroir that there is a specific
property of a geographical area and that dictates a strict usage
of geographical designations, thus anyone with sheep of the
right breeds can make Roquefort cheese, if they are located in
the part of France, where the cheese is made, but nobody
outside, that part of France can make a blue sheep's, milk cheese
and call it Roquefort even if they completely duplicate the
process described in the definition of Roquefort.
By contrast in the United States.
The naming is generally considered to be a matter of
intellectual property. Thus the name, Grayson belongs
to Meadow Creek Farms and they have a right to use it as a
trademark. Nobody even in Grayson County,
Virginia can call their cheese, Grayson while Meadow Creek
Farms, if they bought up another Farm elsewhere in the United
States, even if nowhere near Grayson County, could use that
name, it is considered that there need to preserve their
reputation as a company, is the quality guarantee.
This difference causes most of the conflict between the United
States and Europe and their attitudes toward geographical
names. However, there is some overlap
particularly with American Products, adopting a European
way of viewing. The matter the most notable of
these are crops Vidalia, onions, Florida, oranges and Idaho
potatoes. In each of these cases, the
state governments of Georgia, Florida, and Idaho registered
trademarks, and then allow their Growers or in the case of the
vidalia onion. Only those In a certain well
defined geographical area within the state to use the term while
denying its used to others. The European conception is
increasingly gaining Acceptance in American bit of culture.
Also Vintners in the various American viticultural areas are
attempting to form well-developed and unique
identities, as New World Wind gains Acceptance in the Wind
Community. Finally, the United States has a
long tradition of placing relatively strict limitations on
its native forms of whiskey, particularly notable are the
Points for labeling a product straight whiskey.
Which requires the whiskey to be produced in the United States in
accordance with certain standards and the requirement in
force by federal law and several International agreements NAFTA.
Among them that a product labeled Tennessee, whiskey, be a
straight bourbon whiskey produced in the state of
Tennessee. Conversely, some European
products have adopted a more American System.
A prime example is Newcastle, Brown Ale, which received an EU
protected geographical status in When the brewery move from
tyneside to tadcaster in North Yorkshire about 150 kilometres
away. In 2007, for economic reasons,
the status had to be revoked