Part 4: Origin-linked products and marketing strategies

Part 4: Origin-linked products and marketing strategies

Strategies to differentiate OLPs in the market

Registering an OLP as a protected Geographical Indication allows producers to provides information on the origin and specific quality/characteristics of an OLP, which consumers find useful when making a purchasing decision.

Identifying the product as a GI also acts to brand the product.

GIs are based on a philosophy of collective action. Producers of OLPs then use the GIs as collective signs to promote their products in the market. Therefore, GIs identify the products of a specific quality and characteristics, produced by a group of producers in the geographical area.

marketing differentiation

This informs interested consumers, and avoids confusion with competitors’ products, produced outside of the geographical area.

Challenges to protection of an OLP using GIs tools

  •   If the producers in the geographical area do not collaborate or are unable to reach an agreement on the details regarding the product's main quality features or production methods.
  •   Conflict with a prior trade mark
  •   The name/sign used may be considered to be generic
  •   Homonymous Geographical Indications - GIs spelt or pronounced alike, but which identify products originating in different places.
  •   If the name to be used is the same name of a plant variety or animal breed

Learning exercise

Example of Barbados rum

Barbados rum is specific and traditional to Barbados and the rum producer group has been active for over ten years, however, they cannot agree on the common practices associated with the production of the product.

Over the years new products have also been developed and placed on the market.

question

Question: Is a geographical indication feasible in this context?

The current situation makes it difficult for Barbados rum to be protected as a GI because there is a lack of common vision among the producers and there is no consensus on common production and processing practices.

New products developed will not qualify for GI protection but other IP tools such as trade marks can be effective.

However, if producers were to come together to agree on common elements for Barbados Rum specifications and code of practice, the traditional rum product would be eligible for GI protection.

Example Jamaica wine

There is a producer in Jamaica who produces wine from local grape varieties.

This product is a new product and there are no specific characteristics to define the product.

Additionally, the producer has applied for a trade mark "Jamaican wine".

question

Question: Can this product be considered as an origin-linked product?

"Jamaican wine" cannot be considered as an origin-linked product.

Since it is a new product and it does not have any unique features linked to the geographical area of production, thus there is currently no reputation associated with the product.

Additionally, there is a single producer who has applied for a for the trade mark "Jamaican wine".

The name "Jamaican Wine" alone, would in most jurisdictions not qualify to be registered as (individual) trade mark, because the term is descriptive (composed of words that merely describe a product or that identify the characteristics of a product).

In the future however, if the product gains reputation, specific quality linked to the geographical area of production, and if there are other producers that want to produce the same type of product, an origin-linked strategy which may include application for the GI (or collective or certification marks), bearing in mind the potential limit of the trade mark ownership, if any, by the first producer.