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GEOGRAPHICAL INDICATIONS

Presented by:-

Arshpreet Singh(14139)

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What are geographical indicators?

Form of Intellectual Property

Negotiated under the 1994 TRIPS Agreement

Protected in similar ways as copyrights, trademarks, and

patentsDefinition

indications, which identify a good as originating in the territory of aMember, or a region or locality in that territory, where a given quality,

reputation or other characteristic of the good is essentiallyattributable to their geographic origin

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Examples of Geographic Indicators

Columbia Columbian coffee

India Basmati (rice)

Greece Ouzo (spirit)

France Champagne (sparkling wine),Roquefort (cheese)

Mexico Tequila (spirit)

Italy Parma hamSwitzerland Etivaz, Gruyere (cheese)

Portugal Port (wine)

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Why is this a trade issue?

Protecting a products name is like protecting

a brand

Consumers need to know that the product is

authentic

Designates a particular quality

Yet some Indicators have become generic

terms

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GIs are a marketing tool

Reputation for quality associated with placename used on labels, advertising

GI-identified products are believed to

command higher prices Of particular interest to developing countries

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Whats the controversy?

Consumer vs. producer interests

Long-time, generic use of expressions thathave geographic origins (parmesan)

Differing national treatment of GIs

-weaker: (Canada, US) Canadian Champagne;American-made Pecorino cheese

-stronger: (EU) GI use reserved to producers in theregion, even if other origin is indicated

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International GI protection:

WTO/TRIPS Agreement

Members obligated to prevent use of GIs bynonoriginal producers so as to mislead as toproduct origin, or constitute competition

Higher level of protection for wines, spirits Exceptions:

(i) GIs used prior to TRIPS Agreement

(ii) GIs that have become part of common usage

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International GI protection: bilateral

agreements

EU agreements for wines, spirits with

Australia, Canada, Chile, Mexico, South Africa.

EU-US Agreemetn on Trade in Wines (2005)

US to limit use of semi-generic names

current use grandfathered

greater US access to EU wine market

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GIs in the WTO Doha Development

Round (2001-2008)

Establishment of multilateral system for

registration of geographical indications

Extension of higher level of protection to

products other than wines, spirits

claw back of certain GIs

EU agenda

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Multilateral GI register

Scope of coverage: only wines and spirits vs.

additional products

Legal effect of registered GIs: legal

presumption of protection and obligation to

protect GIs vs. advisory function of register

Legal effect in nonparticipating countries

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Extension of higher level of protection

for GIs

Procedural issues under WTO treaty

Developing country interests

India, Kenya, Thailand

have non-wine/spirit GIs

New World producers

Pragmatic arguments consumer choice

existing level of protection sufficient

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EU Claw-back proposal

Would prohibit use of GIs by nonoriginal

producers worldwide

Examples: Gorgonzola, Parmigiano Reggiano,

Roquefort

Many GIs have become generic in certain

countries

Doha Ministerial Declaration procedure

dispute

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Current status of GI discussion

Failure of Doha Development Agenda

larger agricultural issues remain unresolved

Post-crash perspective

many GI products are luxury goods

reduction in consumer spending

limited development budgets

GIs and sustainable development

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THANK YOU