GEOGRAPHICAL INDICATIONS

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GEOGRAPHICAL INDICATIONS The EU system on GIs
Pro GIs Intellectual Property Rights Extension
Geographical Indications Protection Intermediate
Meeting From Field to Folks, Experience learned
in the process to register Thai GIs in
EU Nailert Park Swissotel, Friday 6th November,
2009
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Why GIs?

• GIs are a tool for economic development in rural
  communities, environmental sustainability, and
  consumer protection.
• GIs are a tool for sustainable rural
  development.
• GIs are particularly useful for countries with
  rich traditions and culture, where specialty
  products are known by their place names.
• Market Access GI products from South-east Asia
  could be part of the EU elite of GI specialty
  products and share the EU consumer perception and
  willingness to buy them.

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EU Register

• Three systems for the protection of GIs at EC
  level
• Wines 1970s notification system 1
• Spirits 1989 closed list 2
• Agricultural products and foodstuffs 1992 EU
  register 3
• (Wines and spirits now moving to register system)

1 Regulation (EC) No 479/2008 of the Council
on the common organisation of wine (JO L 148
6.6.2008, p. 1). 2 Regulation (EC) No
110/2008 of the European Parliament and the
Council on spirit drinks (JO L 39 13.2.2008, p.
16). 3 Regulation (EEC) No 510/2006 of the
Council on the protection of geographical
indications and designations of origin for
agricultural products and foodstuffs (JO L 208,
24.7.1992, p. 1).
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Agricultural products and foodstuffs
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Register page

• Register page contains 5 items of data
• Name
• PDO or PGI
• Product category
• Country of Origin
• Legal act of registration (normally this is COM
  decision published in the Official Journal

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Database Of Origin and Registration (DOOR)

• Full data
• Date of submission
• Links to summaries and specifications
• Links to official publications
• Links to control body
• For non-EU persons and bodies
• On-line applications
• On-line objections

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PDO and PGI
Public identity of geographical indications
marketing tool

• PDO (Protected Designation of Origin)
• Closer link essential or exclusive between the
  products qualities or characteristics and
  geographical environment with its natural and
  human factors.
• Raw materials and all stages of production take
  place in the zone
• Similarities to appellation of origin (Lisbon)

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PDO and PGI
Public identity of geographical indications
marketing tool

• PGI (Protected Geographical Indication)
• Product possesses specific quality
  characteristics or reputation attributable to
  that geographical origin
• One stage of production process must take place
  in the region
• Similarities to TRIPS definition

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Which leads to the protection of names

• Ex-officio (authorities market surveillance)
• Against any (in)direct use of the name for
  comparable products
• If using the name exploits the reputation of the
  protected name
• Against any misuse, indication or evocation even
  the truth origin is indicated
• Against any other false or misleading indications

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Applications from non-EU applicants

• Practicalities
• producer group
• Product specification
• Single document
• Control body
• Evidence of protection in country of origin
• Send to COM (AGRI H2) directly, preferably via
  DOOR

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Applications from non-EU applicants

• Essential elements of application
• Name
• Description of product
• Description of geographical place
• Production methods
• Traceability

• Link Specificities of product of place causal
  relation between products and place

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Applications from non-EU applicants

• Process
• Examination -12 month
• Publication for objection (Official Journal
  DOOR)
• (or rejection)
• Consultations to resolve objections
• Final decision (Official Journal)

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Registration

• Published in Official Journal
• Unlimited duration
• Operators may use the name registered
• EC logos are facultative for products originating
  in 3rd countries

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Current state of the register

• On 1.6.2009, the agricultural products and
  foodstuffs register held 837 registered names, of
  which 457 are PDOs and 380 PGIs.
• The breakdown by country of origin shows that 5
  countries account for 80 of total registrations.
• Concerning 3rd countries, one name Café de
  Colombia has been registered, while applications
  are in line from China, India, Thailand and
  Switzerland.

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Current state of the register

• The analysis shows that the greatest number of
  registrations is for fruit, vegetables and
  cereals, followed by cheese.
• Meat and meat products as well as fats and oils
  (including olive oil) are also well represented.

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Conclusions

• Geographical indication
• identifies authentic, quality product, with
  intrinsic link to its place of production
• helps consumer choice
• gives robust IPR protection in EU countries
• Non-EU applications
• Direct to Commission (via DOOR or mail)

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USEFUL LINKS

• Agricultural products and foodstuffs
• Council Regulation (EC) No510/2006
• http//eur-lex.europa.eu/LexUriServ/LexUriServ.do?
  uriCELEX32006R0510ENHTML
• DOOR
• http//ec.europa.eu/agriculture/quality/database/i
  ndex_en.htm
• Quality policy web-pages
• http//ec.europa.eu/agriculture/quality/index_en.h
  tm
• Communication on agricultural product quality
  policy,COM(2009)234, 28.5.2009
• http//ec.europa.eu/agriculture/quality/policy/com
  2009_234_en.pdf

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USEFUL LINKS

• Wine
• Council Regulation (EC) No 479/2008
• http//eur-lex.europa.eu/LexUriServ/LexUriServ.do?
  uriOJL200814800010061ENPDF
• e-BACCHUS, database of wine geographical
  indications
• http//ec.europa.eu/agriculture/markets/wine/e-bac
  chus/index.cfm?eventpwelcomelanguageFR
• Spirit drinks
• Regulation (EC) No 110/2008
• http//ec.europa.eu/LexUriServ/LexUriServ.do?uriO
  JL200803900160054ENPDF

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