LibGuides: Law 797-J: International Intellectual Property: Geographical Indications

Geographic Indications

Definition

According to WIPO:

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production. http://www.wipo.int/geo_indications/en/

Articles

Cato Institute: Reign of Terroir: How to Resist Europe’s Efforts to Control Common Food Names as Geographical Indications
The European Union’s agenda in international trade negotiations includes an effort to secure the protection of their “geographical indications” (GIs) in foreign markets. If European officials have their way, a great number of common food and drink names will disappear from American grocery store shelves. American companies would have to make up new names for wines such as champagne, port, and sherry, and also for common cheeses such as parmesan, gorgonzola, and feta. Even such identifiers as “California champagne” and “parmesan-style cheese” would not be allowed.

Geographic Indications - Resources

WIPO - Lisbon – The International System of Appellations of Origin
The Lisbon System for the International Registration of Appellations of Origin offers a means of obtaining protection for an appellation of origin (AO) in the contracting parties to the Lisbon Agreement through a single registration. Registrations are published in the official Bulletin and can be searched through the Lisbon Express database.
WIPO - Lisbon Search Page
Lisbon Express
This database contains information on all the appellations of origin entered, in accordance with the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, in the international register kept by the WIPO International Bureau and which are in force.
E-BACCHUS
e-Bacchus covers only wine. It “is the database on geographical indications protected in the European Union for wines originating in Member States and third countries.”
DOOR
DOOR (Database of Origin & Registration) “includes product names for foodstuffs registered as Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Specialties Guaranteed (TSG) as well as names for which registration has been applied.” Links are to the OJ publication.
e-Spirits Drinks
e-Spirits Drinks “is a database on geographical indications protected in the European Union for spirit drinks originating in Member States and third countries as well as new applications for protection”
Australian Wine Labeling and and Geographical Indication Protection Requirements
Wine Australia publishes labelling guides to assist exporters navigate the complex rules and regulations. Refer to the Export Market Guide for country-specific information (use the search above) or refer to the Compliance Guide for detailed information about mandatory and optional label requirements for the Australian domestic market. The following guides provide basic information for designing labels:

European Union Intellectual Property Office

INFRINGEMENT OF PROTECTED GEOGRAPHICAL INDICATIONS FOR WINE, SPIRITS, AGRICULTURAL PRODUCTS AND FOODSTUFFS IN THE EUROPEAN UNION
In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable to their geographical origin and method of production.
The main objective of this study is to assess the size and value of the EU GI product market and the proportion of products in that market that infringe GIs protected in the EU. The impact of these infringements on EU consumers is also estimated.

Other Organizations

Organization for and International Geographical Indications Network
GIs have become a global phenomenon. As a result, national laws are rapidly evolving. Are you familiar with your national regulation concerning GIs? Do you know the applicable rules in foreign countries where you are (or wish to be) exporting? Are you aware of your national authorities’ position on international negotiations impacting on GIs? Does your organization wish to influence this process?
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oriGIn provides invaluable technical support in the form of periodical reports, newsletters, studies, information on court decisions and national laws, as well as other material on GIs - See All You Need to Know About GIs. oriGIn’s network represents a unique source of information on the main subjects touching upon GIs (legal protection, quality control, marketing, sustainability, etc.).

Geographic Indications - Books

From Goods to a Good Life by Madhavi Sunder
Call Number: K1401 .S86 2012
ISBN: 9780300146714
Publication Date: 2012-06-26
Most scholarship on intellectual property considers this law from the standpoint of law and economics. Under this conventional wisdom, intellectual property is simply a tool for promoting innovative products, from iPods to R2D2. In this highly original book Madhavi Sunder calls for a richer understanding of intellectual property law’s effects on social and cultural life. Intellectual property does more than incentivize the production of more goods. This law fundamentally affects the ability of citizens to live a good life. Intellectual property law governs the abilities of human beings to make and share culture, and to profit from this enterprise in a global Knowledge economy.
Relocating the Law of Geographical Indications by Dev Gangjee
Call Number: K1562 .G36 2012
ISBN: 9780521192026
Publication Date: 2012-02-23
There is considerable variation in the nature, scope and institutional forms of legal protection for valuable geographical brands such as Champagne, Colombian coffee and Darjeeling tea. While regional products are increasingly important for producers, consumers and policy makers, the international legal regime under the TRIPS Agreement remains unclear. Adopting a historical approach, Dev Gangjee explores the rules regulating these valuable geographical designations within international intellectual property law.
Protection of Geographic Names in International Law and Domain Name System Policy by Heather Ann Forrest
Call Number: K1569 .F67 2013
ISBN: 9789041146823
Publication Date: 2013-04-26
The Internet Corporation for Assigned Names and Numbers (ICANN), the body charged with operational and policy authority over the Domain Name System (DNS), is developing a set of criteria to expand the internet community's power to name and design its own
Geographical Indications for Food Products by Nichols; Marsha A. Echols (Editor)
Call Number: K3626 .G46 2008
ISBN: 9789041125484
Publication Date: 2008-02-07
Focusing primarily on the Reports of the Panels in the WTO disputes brought by Australia and the United States against the European Communities, this important book explores the meaning of the TRIPS Article 22 and Article 24 commitments, especially as they concern the definition of the term geographical indication' and national and most favored nation treatment. The author clarifies the relationship between niche-market geographical indications and the more prevalent (and commercially valuable) trademarks.