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

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

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

‘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

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

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

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 ≠

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

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

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

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

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!

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

Protecting Geographical Indications via trademark systems: mission almost impossible!

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

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

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!

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

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

Thank you very much www.origin-gi.com info@origin-gi.com ·        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. info@origin-gi.com