General introduction to geographical indications
What is a geographical indication?
Example: Cognac
A geographical indication (GI) is a sign that shows the geographical origin of a product. It applies to products that have specific characteristics due to their geographical origin and that have a strong reputation based on this origin. GIs must also fulfil a set of requirements. In principle, anyone located within the geographical area and fulfilling the requirements has the right to use the GI. GI are names. To date, all GIs consist of words. These names are usually geographical names, such as place names.
Some GIs are not place names, but refer to a precise geographical origin. These names are called “traditional denominations” in some legislations. Example: Mezcal (spirit, Mexico)
Some GIs are accompanied by terms or geographical names that indicate sub-categories within one broader GI. This is particularly the case with wines.
Example: Chianti, Chianti Classico, Vin Santo del Chianti, Vin Santo del Chianti Classico (wine, Italy)
Some GIs include abbreviations. Examples:
- AOC – appellation d’origine contrôlée
- AOP – appellation d’origine protégée
- PGI – protected geographical indication
These abbreviations are often shown with or in collective logos. There are two types of logos:
- logos that indicate protection for all products in one jurisdiction
- logos that are specific to an individual GI.
Flores Bajawa Arabica (coffee, Indonesia)
Grana Padano (cheese, Italy)
Tequila (spirit, Mexico)
Gruyere (cheese, Switzerland)
Madd de Casamance (fruit, Senegal)
History of geographical indications
Geographical indication:
A sign that shows the geographical origin of a product. It applies to products that have specific characteristics due to their geographical origin and that have a strong reputation based on this origin.
See legal definition.
Art. 22 TRIPS Agreement
Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
Appellation of origin:
A type of geographical indication which has particularly strong links with the geographical origin of the product. For example, raw material production and processing must take place in the place of origin.
See legal definition.
Art 2 Lisbon Agreement (1) In this Agreement, “appellation of origin” means the geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. (2) The country of origin is the country whose name, or the country in which is situated the region or locality whose name, constitutes the appellation of origin which has given the product its reputation.
Designation of origin:
This is the term used in EU legislation for appellations of origin.
See legal definition.
Art. 2 Council Regulation (EEC) No 2081/92 (a) designation of origin: means the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff: — originating in that region, specific place or country, and — the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area
Visit the following links for more information about the WTO framework and negotiations on GIs:
GIs and other intellectual property rights
GIs and trade marks are complementary. In particular, GIs and trade marks both function as distinctive signs in the market. It is in the interest of GI beneficiaries and trade mark owners that they clearly distinguish from each other. Moreover, many GI beneficiaries hold individual trade marks, in addition to trade marks held by collective GI organisations, and many trade mark owners also use GIs on some of the goods they produce.
Example: The Swiss firm Bell Food Group produces and commercialises a broad range of meat products, including PGI sausages and hams.
Even patents and designs may be related to GIs, be it for individual producers or GI collective organisations.
Example: the interprofessional organisation of Tête de Moine PAO owns a number of trade marks, including a 3-D trade mark for the cheese flower that is the usual way to consume this cheese. The invention of the tool that helps to make these flowers, called “Girolle”, which was patented in 1982, was an instrumental step for the development of the production of Tête de Moine.
In conclusion, GIs stakeholders (individual and collective levels) should consider the needs and relevance of protecting their IP assets through different IP tools, once their main asset that is the GI is protected as such.
Why protect a product as a GI?
Legal reasons
Example: Various generations of Roquefort cheese spent centuries digging and fitting out the maturing cellars in Roquefort-sur-Soulzon, which help give the cheese its unique characteristics.
- To enable producers to develop their product over the long term Generations of producers within a specific region invest substantial time, effort and financial resources into building up a reputation for quality associated with the geographic origin of their product. Legal protection ensures that producers outside the designated region cannot undermine this investment by attempting to copy it and exploit the product’s reputation.
Example of a geographical name that has become generic, in particular because it has not been protected as a GI: “Dubai chocolate”.
- To prevent geographical names from becoming generic Geographical names normally belong to the public domain. A GI takes the name out of the public name and thus eliminates the risk of it becoming a generic term for a certain type of good.
- To safeguard the interests of consumers Consumers have legitimate expectation that the product they purchase will meet certain quality standards associated with its geographic origin. A GI is the best way to ensure that consumers’ expectations are taken into account. For example, if you buy a cheese labelled “Parmigiano Reggiano”, you expect it to have the taste and texture of Parmigiano Reggiano.
Economic reasons
- To add value and create an international market niche GIs enables local producers to protect the quality of their products, ensuring that their distinctive characteristics are maintained. This not only adds value to the product, allowing producers to charge more, but also creates a market niche that differentiates the product from others in a globalised market.
- To reduce transaction costs Transaction costs are the costs incurred during the exchange of goods and services. Collaboration between GI producers reduces the transaction costs for ensuring product quality, maintaining consumer trust and preventing imitation or fraud. It also enables them to share the costs of certification and marketing, as well as verification, dispute resolution and enforcement.
- To create a framework for collective economic growth By lowering the costs related to product verification, quality assurance, and market entry, GIs help producers maintain their competitive edge, ensuring long-term economic success. Thus, protecting GIs helps to foster fair and sustainable development in global markets.