GI as an instrument to rural development, ENPARD Seminar Tel Aviv, 6-7-8 March 2018

Geographical indications, origin and quality development tool: characterizations and interpretations

Ilbert Hélène, HDR, CIHEAM-IAM/UMR MOISA ilbert@iamm.fr

GLOBAL -LOCAL INTERACTIONS

• Historical construction

• Cultural and positional goods in a global arena

• Collective choices, collective actions

Clubs G5, G8, G20, G77, BRIC, G2 etc.

Multilateral IMF, World Bank, WTO, etc.

International Conventions, treaties, such as Biodiversity convention

Regional UE, Mercosur, Asean

National USA, China etc.

Territories STATES

PRIVATE ENTERPRISES (banks, corporate powers, ...)

SCIENTIFIC GROUPS (consortiums, consultants groups…)

CIVIL SOCIETY (Development NGO, etc.)

MEDIAS

Global networks

Where Preferences are stabilised?

GI : Credence good - Characterized by unverifiable quality attributes - Consumers trust

GI: credence good

Protection of a NAME designating a PRODUCT through authentic relationships between:

« Terroirs »

Specific attributes: local resources, biophysical variables, history, mapping.

Practices Cooperation programs, local know-how, collective skills, governance system

Institutions Rules, norms and authorities involvment (all scales)

GI: credence good (2)

Name+product = terroirs, practices, institutions interaction

«A social construction Changing attributes and relative distances

Unverifiable quality attributes for the consumers

Trust and credence inluded in the codes of practices

Multifaceted role of this credence good

GI: multiple roles

Intellectual property rights tool « Protection role to avoid counterfeiting

Reserving the use of a name, Recognition and enforcement by public authorities

– France and Europe leading the way because of wine trade crises at the beginning of the 20th century

Protection role to promote traditional innovative knowledge

Prior Rights Suis Generis legal frameworks

– Cultural heritage tool starting in the 1980s (Biodiversity and traditional knowledge issues)

GI: multiple roles (2)

Economic Instrument Adding value to product and producers

Access to markets, Employment and groups empowerment

Adding value to places Territorial dynamics

– Agro tourism, landscape, sustainable agriculture : the shift from intensive agriculture towards quality and agro-ecological regime.

Intergenerational transmissions – Cultural heritage tool since the 1980s

GI: multiple roles (3)

Policy Instrument

« Rural development Collective action among and for producers (consortium…) Social territorial organization: from the value chain to the systemic approach.

Agro-biodiversity and cultural diversity Sustainable agriculture policies Cultural heritage and know how innovations processes

GI: multiple roles (4)

Institutional dimension: a key determinant of the credence goods

Global and local arrangments Bridging the gaps between legal frameworks Effective protection and rural development policies

Socially constructed GI: an Origin and Quality Standard Strong institutional support

– Control and enforcement

GI: credence good, but also club good or common good

Which kind of good? ,

Ability to subtract the resource for the use of others

Strong rivalry in use Weak rivalry in use

Exclusion of potential beneficiaries

Strong exclusion in use

Private Good GI reputation held by a dominant actor with exclusion in the use of the name of a given product and rivalry in the reference to reputation

Club Good GI reserved for members of the club (producer group, consortium linked to a geographical area), Properties of non-rivalry: the reputation withdrawn from the GI does not harm that of the neighbors

Weak exclusion in use

Common Good GI, collective common pool resources; ownership without alienation, without exclusion ; reputational "spill over" effects from the product towards the territory and the cultural heritage (inter generation benefits).

Public goods

Health quality, health, climate GI could fulfill certain conditions guaranteeing the effective low exclusion and weak rivalry if combining with the Organic or bio-dynamics labels or if included in high quality standards.

Which good do we want to provide?

Two major options Opportunistic behaviors

Displaying a label that does not comply with the specifications Free riding, counterfeiting, reputation destruction

Cooperative behavior Sharing values to provide Common Pool Resources Bridging the gaps between legal frameworks Effective compliance and enforcement Rural development policies (employment and sustainable practices)

How to provide trust to the consumers?

A few conditions Context specific considerations

Local production attributes Area delimitation Collective action and social organization Building the specifications Value chain, rural and agro ecological development

Institutional adaptation Appropriate legal framework Control and enforcement mechanisms for protection Legal and economic assistance for third countries: GI technical cooperation Multilevel governance and coordination Networking and stakeholders interactions (private and public)

What to be aware of? •Progressive legal framework

– No global enforcment mechanism – One universal agreement with a Dispute Settlement Body – Consensus on one general definition, but opposite national

expression

•GI Entry of developing countries > 100 countries signatories for Extension

Ambivalent position on voluntary and mandatory

• Stalemate negotiations (trade and political issues) No global deal on register, extension Uncertainty situation, possible trade offs, and insistance for Extension by Developing countries : what about EU?

•Possible conflits for cultural goods : reputation /Positional Goods

National identity (Feta issue or Columbia Coffe) What about biological and cultural dynamics?

Thanks for your attention

ilbert@iamm.fr

om ciheam website www.iamm.ciheam.org

International GI Petit M., Ilbert H. (2016). Geographic Indications and rural development: implications for TTIP negotiations. In : Intellectual property rights for geographical indications: what is a stake in the TTIP ? Cambridge Scholars Publishing.