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WIPO Symposium on Geographical Indications

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Presentation on theme: "WIPO Symposium on Geographical Indications"— Presentation transcript:

1 WIPO Symposium on Geographical Indications
International Registration of Geographical Indications: what producers need David Thual WIPO Symposium on Geographical Indications Parma, 29 June 2005

2 An International network of GI producers:
OriGIn - ORganisation for an International Geographical Indications Network: NGO launched in June 2003 An International network of GI producers: Around 70 organisations of producers More than one million GI producers represented From 30 countries (Africa, Asia, North and South America, Eastern and Western Europe) WIPO Observer Status – November 2004

3 Members Non-Food producers: Food producers: Silk Coffee, tea Rice
Carpets Watches Artisanal products… Food producers: Coffee, tea Rice Cheese Ham, sausage… fruits … Spirits Wines

4 ‘s Who’s Who President Pedro Echeverria Guatemala Africa Agnes Nyaga
Kenya Asia Brig. Anil Adhlaka India North America Ramon Gonzalez Mexico Eastern Europe Tomislav Galovic Croatia Western Europe Enrique Garrigos Spain

5 Why the need for an International registration of GIs
Legal certainty for producers Protection of consumers against misleading advertising But also… …Protection of traditional knowledge and local know-how …Protection of a key development tool

6 Trademarks and GIs: Two complementary but different concepts
In many sectors, GIs and TMs are used in combination by producers However, GIs and TMs are different legal concepts GIs and TMs also play a different role with regard to: The development of local communities The information transmitted to consumers = they both deserve adequate protection

7 GIs and TMs: Main differences
MAY certify origin Individual control Can be produced anywhere Protection must be renewed periodically Hight cost of protection : +/- 1,500 to 2,000 € per class and per TM GIs MUST certify origin Collective control Production rooted in a region Often protection as long as conditions for protection upheld Often limited registration costs

8 Comparative Scope of Protection: certification mark / GI systems
Absolute protection of the name for all legitimate producers Right on the name even if not used Often guarantee against: “genericity” Name used in translation and used with expressions like “style”, “type”, etc. Enforcement: often mix of public & private actions CM Scope of protection: Protection of a name in combination with a logo for any organisation Right on the name if used No guarantee against: “genericity” name used in translation and used with expressions like “style”, “type”, etc. Enforcement: private

9 GIs: a development tool
GIs stimulate the economy, growth and innovation GIs provide producers with a higher income in exchange for guarantees on quality and production methods GIs encourage diversification of production, thus preserving: Biodiversity Local know-how, traditional knowledge GIs prevent the standardization of food and promote diversified and balanced diets With GIs: no delocalisation of production is possible

10 GIs bring a unique added value to both producers and consumers
GIs as a marketing tool Would Moët & Chandon be so sought after if it was not a Champagne? Producers of Café de Colombia already enjoy protection as a collective mark. Why the interest for GI protection GIs bring a unique added value to both producers and consumers

11 GIs create value beyond TMs
A TM creates a certain value Protection of a name. Ex: Coca-Cola® Protection of a logo Protection of a shape

12 The Geographical Indication’s Promesse
GIs protect a products’ name that is based on specific quality & method of production Gis provide with a seal of origin and convey certain messages linked to: A « terroir » An history Traditional knowledge and know-how GIs provide with guarantees on the origin (traceability) and a certain quality This promesse appeals consumers!

13 An increasing market for GIs
40% of European consumers are ready to pay a 10% premium price for GI products EC Study 1999 75% of Italian consumers are ready to pay a 20% premium price for GI products Etude Nomisma Qualivita de 2003

14 Protecting Geographical Indications via trademark systems: mission almost impossible!

15 Barriers to GI registration
Product not allowed in the country: no defensive name protection available Example: Parma ham in Australia Registration refused: generic and/or descriptive name Parma ham in most countries! Turron de Jijona & Turron de Alicante in the USA Name already registered as trademark Example: Parma ham in Canada

16 No absolute protection of the name via the TM system
Multiplication of similar marks Idaho Potatoes Several CM: « Idaho Preferred », « Idaho Potatoes Grown in Idaho », « Idaho », « Grown in Idaho » Several TM: « Idaho’s Best », « Idaho Naturally » Napa Valley CM TM

17 Inadequate protection via TM system
Registration of « Parmigiano-Reggiano » as a CM in the US is not a registration of the individual terms « Parmigiano » and « Reggiano » The Consorzio has not yet been able to protect « Parmigiano » and « Reggiano » separately in the US as CMs because the USPTO requires: two different certification standards: one for “Parmigiano” & one for “Reggiano” ! the Consorzio to allow the use of these terms separately!

18 The Need for an International Register of GIs
For GIs to play their positive role, producers need: Legal means to prevent free ride on the reputation and image of GI products more legal certainty A simple and sui generis register: key for small producers who cannot seek registration country-by-country

19 The Way Forward A multilateral and not a plurilateral register
The WTO route is required Accessible to all countries, in particular developing ones User friendly A non-discriminatory approach Extension of Article 23 TRIPs to all products A register open to all products WIPO arbitration system for trademarks and domain names to be extended to GIs A register with legal effects No to a simple database Need for the burden of the proof to be reversed

20 Thank you very much
·        Let me finish by thanking you for your attention ·     The road will be long but we know where we want to go. We now need to all work together to achieve results! ·      Thank you.

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