History of the GI system How it all started

History of the GI system Foods have be named after their geographical origin since Antiquity: examples: 5th C. BC wine from the Greek island of Chios, but also Olive oils and spices In the middle ages, when cheeses took on the name of where they were produced 15th centuray « Roquefort cheese » defined and protected by decree

2 « sources of inspiration » As an agricultural market development tool Giving rise to the more stringent concept of: « Protected Appellation of Origin » -Very strong link to the territory -All production steps must be in the geographical zone -Tool to maintain and improve quality As a market regulation tool / Intellectual property tool Concept Protected Geographical Indication (PGI) Main focus is the protection of an indication of source with a reputation (linked to an origin)

History of the legal protection of Geographical Indication (national level) First French regulation beginning of 20 th century to protect the reputation of French wines In southern Europe (Italy, Spain, Portugal) create different categories of PDOs (wine, cheese, meat product,…) EU regulation of 1992 (extends system to all EU countries) In Switzerland, ordinance on PDO and PGI in 1997 Justifications: 1.Legal protection of geographical origin 2.Tool to improve the quality (1935 in France) 3.Added value linked to the terroir (1990)

Lattest developement Inclusion of Gis in TRIPS agreement of the WTO : 2 levels of protection stringent for wines and Spirits, less so for all other products. - Increasing interest from countries outside Europe to develop Sui Generis systems of GI protection Failure of WTO talks – increasing number of Bilateral agreements in which GIs are included. Reform of the Lisbon agreement

2 basic forms of protection Through the Trademark system (usually as collective or certification marks): USA, Australia, New Zealand, South Africa, Bangladesh, most African countries, Iraq, UAE … Pakistan, Bhutan, Sri-Lanka, Taiwan, …. (though some have a sui generis system for wines) Through a specific legal tool (so called sui generis) for the protection of GIs: EU, Switzerland, Most Latin American countries, French speaking west Africa (OAPI) + Morocco, Algeria and Tunisia Jamaica and other Caricom countries, India, Russia, Indonesia, Malaysia, Thailand, Cambodia, Laos, Vietnam South Korea China has both systems, Japan and Myanmar – in development

Ways to be protected internationally Basic principal, you have some form of protection in your « home market » By obtaining protection directly in the jurisdiction concerned, either as a Trademark (collective or certification mark), or as a GI (example Café de Colombia in the EU), Through the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (but Phil not a member, and for the moment only 28 states), through the Madrid System for the International Registration of Marks (in which the GI concerned is protected in the country of origin as a collective or certification marks) by concluding bilateral agreements between States or commercial partners Source : WIPO publication « Geographical Indications –An Introduction », Geneva 2013

Why develop special rules to protect Geographical terms? Contrary to “trademarks”: The geographical name all ready exists and “belongs” to a community. -Special rules ensure that the user rights remain open to all legitimate producers. A GI recognises an existing product with a reputation (and therefor quality) linked to a territory. Special rules ensure that the quality is codified (in the CoP) and will continue to exist (Enshrining certain traditional practices that make to special quality of the product)

Discussion : 1) From a policy point of view, what do you expect from the protection of Geographical Indications ? 2) In the shoes of the producers – why would you want to ask for GI protection ?