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AAAML - XI International Congress Geographical Indications and Trademarks Parma 15-16 March 2013 oriGIn, the Global Alliance of GI Producers.

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Presentation on theme: "AAAML - XI International Congress Geographical Indications and Trademarks Parma 15-16 March 2013 oriGIn, the Global Alliance of GI Producers."— Presentation transcript:

1 AAAML - XI International Congress Geographical Indications and Trademarks Parma March 2013 oriGIn, the Global Alliance of GI Producers

2 GIs: a global reality  EU: some GIs (not including non-agri GIs), 54 billion EUR worldwide  Several third-country GIs protected in the EU  Some GIs protected in China and 150 in India (growing phenomenon in Asia)  Dynamism in Central and South America more than 300 GIs !  Technical assistance projects in Africa : First 3 GIs registered at OAPI  Producers’ interest in “skeptical” countries (US, Argentina, Chili)

3 oriGIn: Unity is Strenght !  oriGIn: the organisation of GI producers’ groups  Established in 2003 as a non-for profit organisation  Some 350 members from 45 countries  Secretariat based in Geneva  Presidency: Mr. Ramón González Figueroa, Director General, Consejo Regulador del Tequila (CRT)  VPs in each continent

4 oriGIn goals  Strengthen the protection of GIs at the national, regional and international level  Promote GIs as a tool for sustainable development  Facilitate exchange of “best practices” among GI producers and specialists

5 How do the USA, China and Russia protect Geographical Indications?

6 The growing interest for GIs in the US

7 oriGIn’s campaign in the US  Promoted a debate on American origin products  oriGIn Handbook : AOP Potential & Shortfalls  Support to the establishment of the American Origin Products Association

8 How does the USA protect GIs?  Traditional commercial trademarks  Collective marks  Certification marks  American Viticultural Areas (AVAs) and Political Appellations for US wines with GIs

9 Certification marks (Lenham Act)  “Marks used by a person other than its owner… to certify regional or other origin, material, mode of manufacturing, quality…”  Exemption from the need of names to have acquired a secondary meaning  The owner cannot use the certification mark  Owner authorizes producers to use the certification mark and carries out controls

10 Shortfalls  No list of GIs (issue of transparency)  Preexisting marks?  Registration costs: 10,000 US$ in the US  “Non-participatory approach”: Kona Coffee registered as CM by the State of Hawaii (10% Kona Coffee requirement)  Monitoring the use of the certification mark (including license requirements): more 200,000 US$ per year spent by the Idaho Potato Commission (IPC)

11 Shortfalls  Protecting TMs from dilution and becoming generic as well as preventing the registration of confusingly similar marks (USPTO approach in dealing with TM requests containing CMs)  An opposition proceeding can excess 100,000 US$ (FNC spent over 500,000 US$ in oppositions only in 2007)  Litigation: more than 1,000,000 US$ spent by the IPC in enforcement cases in NY over the past 12 years

12 The GI wine sector: a sui generis system  Administered by the Alcohol and Tobacco Tax and Trade Bureau (TTB)  AVAs (a delimitated grape growing region distinguishable by geographical features, the boundaries of which have been recognized and defined by the TTB): some 200 exist today  Political Appellations (name of country, states and counties)  Criteria to use an appellation of origin in wine labels (75% of grapes grown in the area for political appellations and 85% for AVAs)

13 Sui generis v. TM systems Trademarks  Need of secondary meaning (except certification marks)  “First in time first in right” principle  Individual ownership (except collective and certification marks)  10-year protection + need to use  Name not shielded from “genericity”  Protection: likelihood of confusion approach  Registration costs + renewals  Private enforcement Sui Generis  No need of secondary meaning  Possible coexistence (good faith)  Collective ownership  Indefinite protection  Registered names never “generic”  Covers protection translation + with expressions like « style » + evocation  No registration costs / single fee  Private and Public enforcemen t

14 Emerging economies, an opportunity for GIs

15 GIs in the BRICs  Protecting GIs in the most important markets export is a priority  oriGIn’s practical manual for GI producers’ groups

16 Do you understand Chinese? Trademark System Sui generis system Ministry of Agriculture

17 Sui Generis (AQSIQ)  GI Protection - Decree N.78/2005 (Ministerial rules)  Special Origin Label to distinguish a “PGIP” product with GI  GI definition applies to any kind of goods, including handicrafts and traditional Chinese medicines, no services Trademark regime (SAIC)  GIs protected trough Certification Marks or Collective Marks according to the Trademark Law (2001) (Legislation)  Mesure for special sign for GIs under TM system 2007  All kind of goods and services Sui Generis Agri Products (MoA)  Mesures for GIs of Agri Products 2008 (Ministerial rules)  Primary products & products obtained in agricultural activities  GI= name of the geographical area + general name of the agri product GI Protection Systems in China

18 Protecting GIs in the Russian Federation  In 2008, IP Legislation Reform  Part IV of the Civil Code - Sui Generis System  GI definition applies to any kind of goods  Trademark System – Obligation to disclaim the geographical name in the application  Competent authority for GIs Registration: Rospatent

19 Protecting GIs in the Russian Federation  The principle of ‘joint titles’: sum of individual titles on the same GI  Each producer has to prove to meet requirements established by the law  Legal protection 10 years + renewal  Foreign GIs : ownership over the right in the country of origin  Single collective right-EU System /Certification marks

20 Some conclusions  GIs protected in China  EU-China project recently finalized  As of june 2009, 932 Chinese GIs (AQSIQ System )  Foreing GIs registered: Cognac, Scotch Whisky, Napa Valley  GIs protected in Russia  GI Register in Russia: some 149 entries  Foreign GIs protected: Prosciutto di Parma and Tequila  BRICs have established Sui Generis Systems to protect GIs  Foreign GIs can be protected under those systems

21 VI General Assembly of oriGIn and International Conference Bordeaux, France May 2013

22 Thank you! Ida Puzone, Project


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