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Geographical Indications

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Andris Taurins

on 19 January 2016

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Transcript of Geographical Indications

Geographical Indications
Andris Tauriņš , 2015
Form of intellectual property
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
E.g. ‘Champagne’, ‘Scotch whisky’ and ‘Parma ham’, 'Cognac'
Rooted in agricultural policy
Treaties at international level
EU level most developed regime
Serves to inform consumers and protects traders
Introduction
depends on a country
Protection may be requested by a group of producers of the product identified by the geographical indication.
The producers may be organized as an entity, such as a cooperative or association, which represents them and ensures that the product fulfils certain requirements which they have agreed upon or adhered to.
In some jurisdictions, protection may also be requested by a national competent authority (for example, a local government authority).
Protection
EU operates 4 systems
1) for wines
2) spirit drinks
3) agricultural products and foodstuffs
4) agricultural products and foodstuffs for traditional specialties guaranteed
EU Regime
Unfair competition rules - protect traders
Unjust and often illegal attempt to gain unfair competitive advantage through false, fraudulent, or unethical commercial conduct
Consumer Protection Inspectorate
protect consumers re product labeling
Ministry of Agriculture
monitors compliance of producers re EU regulation
Protection on national level - example of Latvia
GI identify a good as originating from a particular place.
TM identifies a good or service as originating from a particular company.
TM often consists of a sign.
GI is usually predetermined by the name of a geographical area.
TM can be assigned or licensed to anyone, anywhere in the world, because it is linked to a specific company and not to a particular place.
GI may be used by any persons in the area of origin, who produces the good according to specified standards, but because of its link with the place of origin, a GI cannot be assigned or licensed to someone outside that place or not belonging to the group of authorized producers.
What is the difference between GI and TM?
Types of GI
All have a link with location
1) Geographical indication of origin
2) Indication of source
3) Appellations of origin
4) Protected designation of origin (EU)
5) Protected geographical indications (EU)
6) Traditional speciality guaranteed (EU)
(1) Geographical indications
TRIPS agreement A 22 - Geographical indications are indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a
given quality, reputation
or
other characteristic of
the good
is essentially attributable
to its geographical origin.
A single criterion attributable to geographical origin is sufficient – be it a quality or other characteristic of the product – or even just its reputation.
(2) Indication of source
The Madrid agreement re repression of false and misleading indications of source,

1891
an indication referring to a country (or to a place in that country) of origin of a product.
an indication of source
does not imply the presence

of any special quality, reputation, or characteristic
of the product essentially attributable to its place of origin.
Indications of source only require that the product on which the indication of source is used originate in a certain geographical area.
E.g., the name of a country, or “made in ….”, “product of ….”,
The Lisbon agreement for the protection of appellations of origin, 1958
“Appellation of origin” (AO) means the geographical name of a country, region, or locality, which serves to designate a product originating therein,
the quality and characteristics of which are due exclusively or essentially
to the geographical environment, including natural and human factors.” (
Lisbon Agreement, 1958 )
basic difference between GI and AO is that the link with the place of origin must be stronger in the case of an apellation of origin.
The quality or characteristics of a product protected as an appellation of origin
must result exclusively or essentially from its geographical origin
.
Think of wines
(3) Appellation of origin
(4) Designations of origin (EU)
A 5 Regulation 1151/2012 on quality schemes for agricultural products and foodstuffs

protected designation of origin
’ is a name which identifies a product:
(a) originating in a specific place, region or, in exceptional cases, a country;
(b) whose quality or characteristics are essentially or
exclusively due to a particular geographical environment with its inherent natural and human
factors; and
(c) the production steps of which
all take place
in the defined geographical area.
SO
verifiable
facts
(5) Geographical indication (EU)
‘protected geographical indication’ is a name which identifies a product:
(a) originating in a specific place, region or country;
(b) whose given quality,
reputation
or other characteristic is essentially attributable to its geographical origin; and
(c)
at least one
of the production steps of which take place in the defined geographical area.
So mostly the matter of reputation
International protection
diverse protection at international level
E.g. Paris convention and Madrid agreement both provide seizure of goods on importation, if false indication as to the source
Also bilateral agreements, mostly re wines (e.g. EU w USA)
Lisbon agreement
Established a registration system for appellations of origin which are already protected under the national law
international registration via WIPO
other member states (28) have to protect against imitation etc.
Examples: 'Bordeaux wine', 'Tequila'
TRIPS agreement
Apply to all products not only agricultural or foodstuffs, but also handicrafts, and industrial products
MS must prevent use of any means that indicates or suggests that a good originates in other than the true place and misleads the public
Regulation (EU) No 1151/2012, Annex 1
1. Designations of Origin and Geographical indications:
beer,
chocolate and derived products,
bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
beverages made from plant extracts,
pasta,
salt,
natural gums and resins,
mustard paste,
hay,
essential oils,
etc.

Regulation (EU) No 1151/2012, Annex 1
A scheme for traditional specialities guaranteed is established to safeguard
traditional methods of production and recipes
by helping producers of traditional product in marketing and communicating the value-adding attributes of their traditional recipes and products to consumers
Traditional specialities guaranteed:
prepared meals
,
beer,
chocolate and derived products,
bread, pastry, cakes, confectionery, biscuits and other baker’s wares,
beverages made from plant extracts,
pasta,
salt
Procedure for registration
Application made by group of producers and/or processors
Application include the specification and addressed to the particular member state
If the MS is satisfied , the application forwarded to the EU Commission
6 month examination
6 month for objection of other MS
Publication in Official journal
DOOR data base
Any operator marketing agricultural product or foodstuffs confirming to the corresponding specification may use the registered name and logo
Scope of protection
A 13 Regulation 1151/2012
Scope of protection broad
A name protected against direct and indirect commercial use for comparable products
protection against exploitation of reputation of the word
protection against misuse, imitation or invocation
e.g. "tastes like white Stilton Cheese"
no need to show likelihood of confusion
Conflicts between PDO, PGI and trade marks
Possible conflicts exist between PDO, PGI and TM
Designations of origin and geographical indications shall not be registered if there is a TM
PDO and PGI can mislead consumers
to prevent use of GI by a third party whose product does not conform to the applicable standards.
E.g., in the jurisdictions in which the Darjeeling GI is protected, producers of Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the standards set out in the code of practice for the geographical indication.

However, a protected GI does not enable the holder to prevent someone from making a product using the same techniques as those set out in the standards for that indication.
Protection for a GI is usually obtained by acquiring a right over the sign that constitutes the indication.
GI are typically used for
agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products
.
Rights conferred
"Carnikavas nēģi" [lamprey]
"Jāņu siers" [cheese of Summer solstice]
"Salināta rudzu rupjmaize" [rye bread]
Traditional specialty guaranteed
COUNCIL REGULATION (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (2) ‘SALINĀTĀ RUDZU RUPJMAIZE’
Name and address of the applicant group - Latvijas Maiznieku biedrība [Society of Latvian Bakers]
The word ‘salināt’ means to make sweet, to sweeten, e.g. by pouring hot water onto flour (Etymological dictionary of the Latvian language), Vol. II, 1992). This is anancient word, which was already in common use in the western part of Latvia in the 18th century
Description - SRR is a naturally leavened bread baked in Latvia from rye flour, with scalded flour and ferment being used in the production process. This type of bread is baked in a hearth oven and shaped into an elongated loaf
weighing one or more kilograms
, with a smooth and glossy crust to which starch paste or water is applied after baking
Latvijas lielie pelēkie zirņi [Big Grey Latvian peas]
N!B! Protected Designation of Origin - PDO: covers agricultural products and foodstuffs which are
produced, processed and prepared in a given geographical area using recognised know-how
ENJOY YOUR LUNCH!
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