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Non agri GIs in the EU

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Massimo Vittori

on 23 February 2015

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Transcript of Non agri GIs in the EU

Extending the scope protection to non-agricultural products
Bilateral negotiations
How a EU system
should look like?
Any questions?
Thank You
Respond to stakeholders needs and socio-economic trends
Rationale
for extending
the scope of protection in the EU

Protect consumers
The global alliance of Geographical Indications groups (Consorzi, Consejos Reguladores, Interprofessional bodies, etc...)
Our goals:

More effective GI protection and enforcement
Promote GIs as sustainable development tool


ERA, 21 March 2014
Massimo Vittori,
Leverage on local identity and "savoire-faire" of traditional crafts & create value-added and long term jobs (sustainable development!)
Support producers to preserve tradition/heritage and convey consumers a message of quality
WTO TRIPs Agreements
Reform of WIPO Lisbon Agreement
Strengthen
the EU negotiating position
Worldwide increased interest for the origin of goods as well as for the relevant history, heritage and tradition associated with them
Request for traceability and knowledge of production methods, social and environmental impact, etc.
"Non agricultural" Gs: "negative" definition
Help producers fight infringements and misleading practices in a cost-effective way
Some of our members:
Study on GI protection for non agricultural products in the internal market (2013): main findings
Study on GI protection for non agricultural products in the internal market (2013): main findings

EU Members States bilateral agreements

What happens outside the EU
National "sui generis" systems (14, including Czech Republic, Hungary, Estonia)

Laws/Decrees on a specific sector (ceramics in Italy at the national level, crafts in certain regions in Spain) or products ("Solingen" for knives in Germany, "Swiss" for watches in Switzerland)

Community and national trademarks
Concluded in the '70 (France, Spain, Germany, etc.)

Often including non agricultural GIs

Legal issues: potential conflict with community trademarks
GI laws providing a broad definition covering both agricultural and non agricultural products (India, Brazil, China, Russia, OAPI, Colombia, Peru, etc.)

South and Central America: 89 non agri GIs, out of 380 (oriGIn worldwide GI compilation)

India: out of some 200 registered GIs, 2/3 are for non agri products

Cote d'Ivoire: 3 non agri GIs (out of 11 potential): Pagnes de Tiébissous, Toiles de Fakaha, Poterie de Katiola (oriGIn Study, 2010)

Lisbon Agreement: 102 "non food" appellations of origin (out of 921)



GI laws for sectors (wines, spirits, agri products)
Legal framework for GIs in the EU
Cotton, silk, cigars, mineral waters
Pottery, ceramics, knives, watches, marbles, clay, glass, hats, leather, fabrics, jewelery
Relevant in numbers and economic impact: non exhaustive list of 834 non agri GIs, detailed data collected on 129 GIs (representative sample); majority of SMEs and micro enterprises

Infringements: issue for 94 non agri GIs out of 129 (major problem for 54% of them)

Stakeholders survey (700 actors contacted, 279 answers): not satisfied with the existing lack of harmonization; believe a EU-wide system of recognition & protection would be beneficial
Multilateral negotiations
Brazil
Peru, Colombia
India
China
Some level of "flexibility" in Regulation 1151/2012
National laws on non agricultural GIs
(no harmonization)
Services (??)
Full transcript