Allied rights - geographical indication Flashcards
geographical indication
a notice stating that a given product originates in a
given geographical area
Three purposes for geographical words/indications in product names
- To communicate geographic source;
- to communicate non-geographic product qualities;
- to create evocative value
International framework covering GIs protection
Paris COnventon
TRIPS
Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration,
Difference between appellations of origin and geographical indications and indication of source
GIs are different from an “indication of source” (e.g. “Made in France”) which just refers to the origin
of a product and bears no requirements, nor expectations regarding specific characteristics linked to the origin of the product
Appellations of origin
product has certain qualities and that those qualities
are due essentially or exclusively to its place of origin. An appellation of origin is a geographical
indication that declares the quality of the goods for which it is used to be derived essentially or exclusively from the area of production
EU regulations cover foodstuffs and agricultural products including alcoholic beverages.
Non agricultural GI products enjoy protection in the Member States level through different legal
instruments. They are protected under consumer protection legislation and unfair competition
laws, by specific or regional laws, through the trademark system or under sui generis GI systems.
Regulation (EU) No 1151/2012 on the protection of agricultural products and foodstuffs
PDOs
PGIs
TSGs
Protected Designation of Origin (PDO)
strongest links to the place in which they are made
produced, processed and prepared in a defined geographical area using recognised know-how
Protected Geographical Indication (PGI)
products whose quality or reputation is strictly related to the geographical area where they are
produced, processed or prepared, although the ingredients used need not necessarily come from
that geographical area
Traditional Speciality Guaranteed (TSG)
describe an agricultural product or a foodstuff:
o with specific character what means the characteristic or set of characteristics which
distinguishes an agricultural product or a foodstuff clearly from other similar products or
foodstuffs of the same category;
o which is “traditional” what means proven usage on the Community market for a time period that allows transmission between generations; this period is to be at least 30 years
EU data bases concerning registered GIs
DOOR
E-Bacchus
Spirits-Drinks