SINERGI Strengthening International Research on Geographical Indications

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SINER-GIStrengthening International Research on
Geographical Indications

• Geographical Indications and Sustainable
  development Exploring the connections
• St Louis, Missouri, USA
• May 16-18th, 2005
• Delphine MARIE-VIVIEN, CIRAD, France
• delphine.marie-vivien_at_cirad.fr

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Contents

• Project just started 1st of May 05
• Origin of Siner-GI
• Presentation of Siner-GI
• Methodology for year 1 May 05-May 06
• Ex of previous project in developing country
  Bali coffee

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0. Origin of the project

• Previous project and events on GI
• FAIR Project  PDO-PGI Market, Supply Chains
  and Institutions , 1995-98
• Parma EAAE Seminar on typical and traditional
  products, 1997
• Le Mans Seminar on the Socio-economics of Origin
  Labeled Products, 1999
• DOLPHINS Project  Development of Origin Labeled
  Products Humanities, Innovation and
  Sustainability , 2000-03
• SYAL Program (Systèmes agro-alimentaires
  localisés)
• etc., etc

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0. Origin of the Project

• The previous Projects provided a lot of
  scientific results on GIs in European countries
  where the issue of impacts at economic, social
  and environmental levels has been widely explored
• EU Members are now convinced on the need of a
  strong GI legal protection framework the
  research must focus mostly on impacts assessment,
  in order to reply to the question how GIs can
  contribute to the achievement of some objectives
  of public policies?

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0. Origin of the Project

• Need to go further than the European Context at
  the time of globalization
• The impact assessment in EU will help developing
  countries in choosing the way they want to
  protect GI and implement the system
• The choices made by developing countries for the
  protection of GIs will influence the protection
  at an international level as the negotiations are
  still going on.

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0. Articulation with Dolphins

• Dolphins focused on European sharing of concept,
  impact assessment and cases studies in former
  Europe
• Siner-GI will focus on the internationalization
  of GI outside European countries (including new
  European Union members entered in 2004).

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1.The project

• 6th PCRDT (Specific Targeted Research Project
  /STREP)
• Beginning in May 2005, for a duration of 3 years
• General objective
• Evaluation of the effects of GIs as a tool for
  agricultural and non agricultural policies
• Criteria for transferability of GIs
• Support for the  GIs Friends  position in
  international negotiations on legal protection
  for GIs
• Provide recommendations for policy-makers and
  organizations of producers
• Consolidation of a European and world-wide
  network of researchers working on GIs

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2. The participants

• Teams of researchers from
• France INRA, CIRAD, ENITAC
• Italy Uni Florence, Uni Parma
• Switzerland SRVA
• United Kingdom Uni Newcastle
• the Netherlands Uni Wageningen
• Latvia Uni Latvia
• ORIGIN (producers)
• and, as consultants for the project s
  orientations
• Administrations (INAO, Ministry of Agriculture
  CH, etc.)
• on external funding
• Associate researchers in Europe and abroad

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3. Content of SINER-GI

• A. Review and typology of products bearing a GI
• under different institutional and market frames
• in former and acceding Member States of EU and
  in third countries
• B. Elaboration of an analytical framework and of
  internationally relevant indicators for
  transferability of GI
• C. In-depth analysis of selected case studies
• D. Grid of evaluation of GIs impacts
  (agriculture, food chains, consumers,
  environment, biodiversity, etc.)
• E. Long-term scenarios and recommendations

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3. Content of SINER-GI

• TASK 1 Theoretical framework
• WP1 Legal protection, institutions relative to
  GI
• Review on theoretical frames regarding
  protection and recognition of GIs (effectiveness
  and effects)
• Institutional management of GIs (administrations,
  organizations of producers, etc.)
• analysis of cases of usurpation and misuse of
  GIs
• WP2 Social and economic issues of GIs
• on economic growth and income distribution
• on rural development
• on environment, culture, traditions
• in relation with different market structures and
  types of products

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3. Content of SINER-GI

• TASK 1 Theoretical framework
• WP3 Conceptual synthesis
• characterization of the diversity of GIs
  situations and impacts
• indicators for monitoring impacts of GIs and
  evaluating their conditions of success
• comprehensive grid of analysis for
  transferability and adaptation of European-type
  GIs systems in third countries

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3. Content of SINER-GI

• Task 2 In depth case studies
• WP4 Methodology and selection of case studies
• WP3 grid of analysis operational
  grid of analysis
• Scientifically grounded and participatory process
  to select the best case studies
• WP5 In depth case studies analysis
• analysis of the conditions of implementation in
  countries having a GI system
• analysis of the potential for development in
  countries without GIs system
• cases in European countries, including new
  Members and in third countries (both developing
  and developed countries)

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3. Content of SINER-GI

• Task 3 Synthesis and policy implications
• WP6 Synthesis and policy implications
• analysis of constant effects among the case
  studies
• definition of long-term scenarios without
  policies changes, highlighted by the case studies
• Regional workshops

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3. Content of SINER-GI

• Task 3 Synthesis and policy implications
• WP7 Potential strategies and recommendations
• recommendations relative to GIs, based on
  developed scenarios and strategies, in order to
  maximize the strengths and minimize the
  weaknesses of GIs in relation with
• agricultural policy
• rural and regional development
• value of products and distribution of this value
  through the supply chain
• supply chains legal aspects (e. g. with respect
  to anti-trusts provisions), structures, role
• social and environmental concerns

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3. Content of SINER-GI

• Task 4 Communication and dissemination
• WP8 Communication and dissemination
• WP reports and final reports will be published
  only after validation from the EU Commission
• Data belonging to producers will be published
  only with their authorization
• SINER-GI will publish information on GIs on its
  dedicated website
• Researchers will publish papers on the work made
  during the SINER-GI project

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4. Year 1 May 05 May 06

• WP1 Legal and institutional devices
• 0. Start-up phase May June 05 sharing of
  concept and draft of the evaluation grid with
  research questions for literature review
• Legal concepts different type of laws
  intellectual property, passing off, competition
• literature scientific publications, legal
  texts, documents from public institutions

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4. Year 1 May 05 May 06

• WP1 Legal and institutional devices
• 1. Operational phase July December 05 review
  of existing frames of legal protection,
  institutional arrangements, cases of usurpation
• survey through a questionnaire sent to contact
  persons in countries (around 20 countries)
• legal protection for GI
• policies on GIs production-marketing system
• policies on the links between GIs and rural
  development
• policies on the relation between GIs and
  consumers

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4. Year 1 May 05 May 06

• WP1 Legal and institutional devices
• 2. Systematization phase February April 06
• report on legal and institutional issues

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4. Year 1 May 05 May 06

• WP2 social and economic issues
• 0. Start-up phase May June 05 sharing of
  concept and draft of the evaluation grid with
  research questions for literature review
• GI concept what definition?
• Static versus dynamic situation
• micro versus macro
• concept of success have a broad definition as
  development of GI rationales in the North and in
  the South may be different

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4. Year 1 May 05 May 06

• WP2 social and economic issues
• 1. Operational phase July December 05
  systematic review of literature, of expert
  knowledge, of surveys, in 4 areas of interest
• supply chain
• rural development
• environment
• consumers/citizens

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4. Year 1 May 05 May 06

• WP2 social and economic issues
• 2. Systematization phase February April 06
• report on social and economic issues

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4. Year 1 May 05 May 06

• WP1 and WP2 aim at creating an extensive database
  of exploitable information on GIs
• The ways to use this information will be defined
  through methods of analysis allowing us to draw
  typologies
• on legal aspects assessment (efficiency,
  effectiveness, burden for producers, etc.)
• on conditions of success of GI (both in economic
  and non economic perspectives as environmental
  perspectives)

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5. Web Site

• www.origin-food.org
• creation of an electronic database on GI
  products (what product, geographical name, how is
  it controlled)
• on the public web site
• generation of criteria for selection of products
  put on the database
• cases studies included on that list

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6. Implication of GI users

• We expect producers to provide the SINER-GI
  project with
• data on their supply chain
• information on the legal protection aspects for
  their own GI
• their views on characteristics, costs/benefits,
  strategies for GI systems
• through
• direct participation of ORIGIN and of some GI
  organizations in SINER-GI
• other relations between SINER-GI partners and GI
  organizations
• contributions to regional workshops
• a questionnaire which will be addressed to GI
  organizations to improve the results of WP1 and
  WP2

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7. Case studies anterior to SinerGI

• Bali Coffee, Indonesia
• project funded by French Embassy in Indonesia
• 2002-2005
• partners Cirad (B. Sallee, F. Ribeyre, M.
  Jaquet, JJ Perriot, C. Lelong, D. Sautier, D.
  Marie-Vivien), Indonesian research institute on
  coffee and cacao (S. Mawardi), Inao (V. Keller,
  A. Aubard)

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Geographical indication.A system of relations
between the product, the producers and the
production area

• Producers
• (know how, organization, history)

• Production area
• (climate, soils, height)

Product (good quality, specificity, fame)
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8. Bali Coffee

• Technical quality of coffee, organosensorial
  analysis, processing, area of production
  specification
• Socio-economic organization of producers, supply
  chain
• Legal draft of the decree on GI protection

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8. Bali Coffee

• technical quality of coffee, organoleptic
  analysis, processing
• Elaboration of Arabica coffee profiles produced
  in the geographical area (prove typicity and tool
  for tracability)
• 3 group of coffee are isolated. Only group 1
  complies with high quality criteria
• The quality criteria most valued is the
  fruitiness

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Group 1
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8. Bali Coffee

• Characterization of coffee
• Organoleptic analysis results allows to identify
  the criteria for obtaining quality plant
  variety, process of production, altitude
• This results give content to
• draft the specification
• define the geographical area

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8. Coffee of Bali

• Characterization of geographical area

• based on very high resolution satellite image
  photo interpretation
• Extrapolation to a map of the agrosystem (to help
  defining the geographical area)
• Calculation of the surfaces cultivated with
  coffee in connection to altitude and system of
  production
• relationship between organoleptic data and
  geographical data

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General map of main agrosystems distribution in
the region of Kintamani, Balibased on very high
resolution satellite image photointerpretation.
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Value of  Preference  sensorial characteristic
of Arabica coffee sampled in the region of
Kintamani, Bali
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8. Bali Coffee

• Socio-economic organization of stakeholders,
  supply chain
• 2 issues
• Creation of a group of producers able to hold
  the process of application of a GI, based on
  socio-economic studies
• Draft of the specification, application for a GI
  and registration of the GI.

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Ideal structure of the GI managing group
Central government Directorate General of
Intellectual Property Examination and GI
registration
Provincial government Financial support and
promotion
Technical support structures
Extension services
GI managing group Representative of producing
and marketing chain Subak abian, PTTAM
PPKKI CIRAD INAO
Dinas Perkebunan
French embassy
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8. Bali Coffee

• Legal draft of the decree on GI
• Law on trademarks n 15/2001 (intellectual
  property rights), according to TRIPS
• Chap VII Geographical Indications and
  indications of source
• Draft of presidential decree for application of
  the law (IG) signature planed mid-2005

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8. Bali Coffe
Legal definition GI
Geographical Indication shall be protected as a
sign which indicates the place of origin of
goods, which due to its geographical
environment factors, including the factor of the
nature, the people or the combination of the two
factors, gives a specific characteristic and
quality on the goods produced there in.
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8. Bali Coffee
Legal definition of applicant
Art 56(2) Law a. an institution that
represents the society in the area which produces
the goods concerned 1) parties who
undertake business on goods of natural products
2) producers of agricultural products 3)
people who make handicraft or industrial
products or 4) merchants who sell the goods
concerned b. an institution that is given the
authority to do so c. groups of consumers of
the goods concerned.
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8. Bali Coffee
Legal content of the application

• a. The name of the GI
• b. The type of goods covered by the GI
• c. The description of the specific quality, the
  reputation or characteristic
• d. The explanation of the link of the good and
  the area description of the geographical
  environment and with the inherent natural and
  human factor
• e. The boundaries and/or map of the area
• A description of the history and tradition
• The description of the production process,
  processing process, or manufacturing process
• A description of the method used to control the
  goods
• The specific labeling details

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Legal protection a. Direct or
indirect commercial use in respect of goods not
complying with the book of requirements. b.
direct or indirect commercial use of the GI in
respect of goods comparable to those covered
under this GI or to the extent that this use
benefits or could benefit from the reputation of
the GI c. commercial use which is misleading
the public as to the true origin of the good. d.
use of the sign registered as Geographical
Indication in respect of accompanied by an
expression such as style, type, method,
manner, imitation, or translations of such
expressions, or a similar expression. e. Other
false or misleading indication as to the
provenance, origin, nature or essential qualities
of the good appearing on packaging or
wrapping f. Other practices likely to mislead
the general public as to the true origin of good.
8. Bali Coffee
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8. Bali Coffee

• Legal GI monitoring and control
• Any interested producer located within the
  geographical area concerned who wants to use the
  GI shall apply for being registered as a GI User
• Any user can be controlled at any time by the
  Directorate General.
• According to the advice from the Geographical
  Indications Commission, the Directorate General
  shall appoint the competent controlling
  institutions
• The controlling institutions shall control that
  the users comply with the book of requirement

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Procedure to set up a GI
Applicant group actors of producing and
marketing chain
Dinas Perkebunan
PPKKI CIRAD INAO
Provincial government advice and recommendations
Specifications book
Directorate General of Intellectual Property GI
commission substantive examination
Registration of GI, registration of GI users
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• Thank you in advance for your
• interest
• participation
• expression of views

delphine.marie-vivien_at_cirad.fr