How to register a denomination as a GI
You can register a denomination as a GI if:
- the product derives its quality, characteristics or reputation from its geographical origin, and
- the denomination identifies the product as coming from a certain region.
Producers and processors interested in registering a denomination need to take the following steps:
- Decide whether a GI is appropriate
- Form an ad hoc GI working committee
- Draft a book of specifications
- Form and legalise the GI management organisation
- Set up a quality control and certification system
- Submit the GI application to the national authorities
- Consider obtaining protection in other markets
We will have a look at these steps in greater detail.
Decide whether a GI is appropriate
- The product has specific characteristics, a good reputation, a high quality and close links to a specific geographical region.
- There is a specific geographical area where the product is historically produced.
- There are common quality standards, ingredients and methods for the production of the product.
- The value chain is organised in cooperatives, companies, producers, processors and exporters or has similar existing structures.
- There is a legal system in which a GI can be registered and the law enforced, including a control/certification system.
- Most of the producers and processors in that region are interested in certifying their product as a GI.
If your product fails to meet one or more of these conditions, you should consider using other IP rights, such as trade marks.
You can hold a trade mark in addition to a GI. You can also acquire a GI or a trade mark at a later date if appropriate.
Example
Ywangan Coffee in Myanmar is supported by the Swiss PartnershIP Programme. The producers’ ultimate intention is to protect Ywangan Coffee as a GI, but since there is no GI system in place yet in Myanmar, the producers opted for a collective mark. They will register Ywangan Coffee as a GI whenever the IP system in Myanmar offers a sui generis GI scheme.
2. Form an ad hoc GI working committee
Tasks of the ad hoc committee
verify | the conditions and regulations with the relevant authority of the country where the GI product is to be registered. |
coordinate | with all the producer and processor groups and other stakeholders. |
motivate | a clear majority of producers and processors to engage in a collective market strategy based on common rules of production. |
facilitate | the drafting of the book of specifications, the performance of studies / laboratory tests that might be required to justify claims of specificity, and provide any other documents requested by the authorities. |
act as a focal point | for the authorities, coordinate the submission of the application documents to the authorities and answer any questions on behalf of the producers. |
3. Draft the book of specifications
- general information and formalities – product name, entity applying for protection, etc.
- a justification for GI protection
- an exact delimitation of the geographical boundaries
- a description of the product qualities and characteristics, especially the ones that make the GI product distinct from similar products
- a code of practice that specifies how the GI product must be produced
- a description of the GI management organisation and its responsibilities
- a control and certification mechanism
The code of practice should contain all relevant rules of production that have a direct impact on the final quality and specificity of a product and that can be measured. It should not contain any unnecessary rules, as that would create additional work.
Example of a production rule
The curd for processing Gruyère PDO must be heated to between 54°C and 59°C.
Sample books of specifications and guidelines
Swiss book of specifications (available in french or German)
Examples of books of specifications of registered GIs:
Online lists of GIs
Parties involved in drafting the book of specifications
The specifications for PAO and PGI products are managed at the FOAG in Bern, Switzerland.
The producers or the GI working committee need to lead every GI initiative. However, several external parties are usually needed to register a product and to help with drafting the product specifications:
- Technical experts who understand GI product specifications and the product. They are needed to structure information, ask producers the “right” questions and facilitate the document preparation process.
- Laboratories to provide evidence for the claims of specificity. Examples include soil composition, rainfall and sunshine data, temperature, statistics, historical evidence of production, organoleptic characteristics and the chemical composition of the product.
- A market research company to conduct a market study.
- A lawyer to formulate the book of specifications and any other legal document in line with national legislation and to defend the registration of the product in case of opposition.
Experts and laboratory services can be rather expensive but they are normally only needed once. However, if you put requirements in the GI specifications regarding the chemical composition of the final product (e.g. percentage of salt), the chemical analyses will have to be performed regularly.
4. Form and legalise the GI management organisation
The GI management organisation needs to have:
- articles of association
- membership rules and procedures
- an organisational chart
- clear responsibilities for each division
- a transparent decision-making process
- a business plan
The articles of association should set out:
- how the different categories of value chain actors are represented
- how decisions are taken
- the membership rules and fees
- a quality control and certification mechanism
- sanctions in case of non-compliance
Useful links
5. Set up a control mechanism and certification system
Who performs the controls?
Controls are performed by
- the producers themselves or
- public authorities or
- a certification body or
- a combination of public and private bodies
Role of certification bodies
Certification bodies
- conduct audits
- certify compliance with the book of specifications
- prepare a proposal for accreditation, audit and certification
- draft the control manual, audit and certification concept, necessary checklists, penalty rules and other documents
- apply to the national or foreign accreditation body for accreditation of the new product standard
Role of accreditation bodies
Accreditation bodies
- examine applications from the certification body and grant or refuse approval
- audit the certification body
More information and examples:
More information about inspection and certification regulations and procedures:
Examples of product certification, rules for labelling of certified products and model certificates can be found in the documents published by the Swiss certification body ProCert.
Examples of technological and procedural innovations for verification and certification procedures:
- KOLTITRACE: used by the management organisation of Café Villa Rica DO for certification, controls and traceability.
- Blockchain technology for Arilje Raspberries PDO: used to improve traceability across the PDO’s supply chain.
7. Publication for opposition
The opposition procedure is part of the application process. When an application is received, the relevant authority checks that it meets the conditions for registration under the law.
It then publishes the application. This triggers an opposition period, typically at least one month, during which any person with a legitimate interest can lodge an opposition to the registration.
If, after assessing any oppositions, the authority decides that the application meets the requirements, it approves the application. It publishes this decision, and the GI product is thus registered.
8. Consider obtaining protection in other markets
There are three ways to protect a GI in foreign markets:
- Individual registration under a national system as a GI or as a trade mark. See Section 6 of this module, as well as Module 3, which describes the national and international protection of GIs.
- Protection under a bilateral agreement between two or more countries (e.g. a free trade agreement).
- Protection via the Lisbon System. See also Module 3.