Geographical Indication : Identifying the
GI product
National Forum on Protection of Gis
Manila 28th Febuary,
Peter Damary, REDD
WTO
Geographical Indications under TRIPS (art. 22.1).
• Geographical Indications (Gis) are
indications which identify a good
(food, handicraft, etc.) which has a
given quality, reputation or other
characteristic essentially attributable
to its geographical origin
Inter GI 6th 2011
What is needed for a GI
• A good / product
• An indication / name
• A reputation built over many years (historical dimension) and based on a recognisable specific quality (Typicity).
• Specific quality must be linked to its area of production, through physical and/or human
factors (Concept of Terroir) A Good / product you can find on the markets
• Food and beverages • Handicrafts/ cloths / wood products
• Potentially mined products Not possible : food preparations or recipes, such as “Salade Niceoise” or “Spaghetti Bolognese”
Pinoy examples ? An indication / name
Geographical or « traditional » names
Or a re‐localised name : •linked to a product
•And « associated » with the area of production,
•Not if considered “generic”, •‐ For example : Camembert cheese (is considered Generic) •Re‐localised name :“Camembert de Normandie”
•Pinoy example of a – Traditional name ?
– Generic product: ?
– Of a re‐localised name ? A reputation built over many years / generations (historical dimension) • Reputation by consumers at international, national or even local level,
• Reputation usually means “imitations” or “usurpations” (this is why it needs protecting)
• The reputation must be built on specific qualities
and based on a recognisable specific quality (Typicity).
• I.e. an expert should be able to distinguish a GI product, from a similar product coming from elsewhere,
• Quality can be in taste/smell, content, aspect, strength … or any other aspect
• A GI should be un‐imitable ! (distinctive and unique) Specific quality must be linked to its area of production, through physical and/or human factors physical dimension
Characteristics of soil, climate, terrain
Biochemical composition
human dimension A culture, traditions, production methods, socio‐
economic environnement
Specific technical practices
Typical product
An example: The Gruyère AOC (A Swiss
Cheese)
«Gruyères» village
Link to the Territory (Terroir) - human and natural factors
Production methods that respect the specific quality product
Not all products can be GIs
• Not even all products carrying Geographical names can be Gis:
• For example ; Frankfurter sausage, Manila envelope.
• Not all regional / local products can be GIs (if no distinctive and exclusive characteristic) – example Apples from Geneva • Pinoy example of a local product that can not be GI ?
Intellectual Property Right
• Protected Geographical Indications (GIs) are Protected names,
– “Darjeeling Tea”
– “Tequila”
– “Champagne”, Not protected products : People can produce Tea, strong alcohol based on Agave or Sweet bubbly wines elsewhere ! Inter GI 6th 2011
Justification for special protection of GIs ?
• Because GIs reflect a know‐how built up over years, by generations of artisans (They are a collective Intellectual property) ‐ A regional heritage • Because they (usually) represent traditional values, • Because they often fullfill external benefits (maintain landscapes, or biodiversity, maintain a healthy regional economy) •To protect against cheaper – lower quality products •Protection of consumers against misuse of names and reputations (on both national and international markets) •To protect against « delocalisation »
Common reputation = agreed upon quality definition
• Need an agreed upon definition of the quality of the product,
• By all the legitimate contributors to that quality,
•
• The quality usually depends on production methods as well as the final product • This definition is codified in a “Code of practice”, or “quality standards” or “Product specification”
• That in turn must be controlled and certified The GI protection allows the supply chain actors to collectively invest in the reputation of their product (whilst remaining competitors)
Salamat po sa lahat !
•
•
•
•
For further information:
www.redd.pro
www.foodquality‐origin.org
www.origin‐gi.com
• [email protected]