Part 6: IP tools - Geographical Indications
Geographical Indications are IP tools which can be used by producers of OLPs in their business model. GIs are linked with the protection of a name, that identifies a specific product originating from a specific geographical area. Any producer within the delimited geographical area who can comply with the product specifications and controls can use the GI designation on their product and be recognised as a legitimate producer.
Geographical Indications contain geographical names, for example, Roquefort, Montserrat Hills, Bordeaux, Valdesia which are used by producers of OLPs situated in such area to identify their products as having special qualities due to some unique characteristics of their area of production.
Because of their long tradition and repute, some GI names have become to be considered generic in some countries. A good example is that of Feta cheese, which is recognised in the EU (and in several other countries via bilateral agreements) as a protected Designation of Origin for a cheese produced in Greece. However, in some countries such as the United States and Australia, the name Feta is not regarded as a protected GI name. In these countries it is considered a generic name which is descriptive of a certain type of cheese and therefore not protected as a GI.
Another example is Camembert, which is considered a generic name. There however is a GI recognised in the EU and originating in France, which is called Camembert de Normandie. The entire name ‘Camembert de Normandie’ is protected, but the name Camembert by itself is not.
These two examples of Feta and Camembert illustrate why you can find a lot of products in the world bearing the names of a GI but the producers of which are not part of the “original” GI protection and management scheme.
Registration of a Geographical Indication allows for the protection of producers and consumers, the preservation of national local and economic heritage, the terroir/territory and the know-how and the OLP. The inherent value of a Geographical Indication results from the exclusive link between the name, the product and the geographical origin.
Protection of Geographical Indications
Geographical Indications are protected through a provision of law which, depending on the jurisdiction, may be a Decree, an Act, a Bill etc. and is distinct from trade mark law.
The EU and most CARIFORUM states, as well as many African and Asian countries, do have specific GI laws (sui-generis). The detailed provisions may differ, but generally certain criteria must be met for a product to be considered for protection as a GI: