Market Access- NTMs and GIs

Question 1

What would a veterinary agreement look like?

Answer 1

These agreements focus on the trade partners recognising the other countries health standards as acceptable.

This means fewer checks at the border are needed

Question 2

GI

Answer 2

Geographical Indications- a sign used on a product to indicate it originates from a certain area where the quality or characteristics of a good are associated with the area.

They are intellectual property rights.

Question 3

SPS

Answer 3

Sanitary and phytosanitary are measures aimed at protecting human, animal, plant life or health

e.g. requiring a certificate signed by a vet on animal exports, Somatic cell count (measure of milk quality)

Question 4

TBT

Answer 4

Technical barriers to trade. Product rules and regulation that make trade more difficult.

Question 5

What are the categories of TBT?

Answer 5

International standard:

Often voluntary, norms that most countries follow e.g. size A4 paper being the same internationally

Technical Regulation:

These are mandatory product regulations set by the International Organization for Standardization (ISO), producers have to meet these standards to access many countries markets

Question 6

Conformity Assessment

Answer 6

Checks to see if a product meets requirements set by the partner country

Question 7

What is the role of the WTO?

Answer 7

They try to prevent TBT unnecessarily stopping trade

Helping low income countries develop

Question 8

Give some examples of GIs

Answer 8

Cognac, Cornish pastys, champagne, , Darjeeling, Scotch, Tequila, Roquefort

Question 9

Why protect a GI?

Answer 9

To prevent free-riders lowering the value of the real product.

Free riders are those who use the name of the GI without actually being from the area.

To allow traditional production methods to be upheld.

Question 10

What is appellation of origin?

Answer 10

A sub-type of geographical indication where quality, method and reputation of a product originate from a strictly defined area.

Question 11

What are some arguments against GIs?

Answer 11

Rights for some, but restrictions for others – once a GI is granted, only those eligible under the specification and verified as compliant can use the name

There can be contention with diaspora communities when one group claims exclusive use of a name

Question 12

How many domestic GI’s does the UK have?

Answer 12

94 (as of August 2023)

Question 13

What is Evocation?

Answer 13

When someone suggests something is a GI without outright claiming it is (when it isn’t)

Question 14

PDO

Answer 14

Protected designation of origin- Product comes from a specific area or country and the properties are significantly determined by the geographical area- the processing occurs within this specific area.

Unlike appellation of origins, It is only used within the EU and countries that recognise the EUs standards (through bilateral agreements).

Question 15

TSG

Answer 15

Traditional Speciality Guaranteed - This is a food product which has been processed in a traditional way or uses ingredients that were traditionally used.

A product with TSG protection doesn’t need to be produced in a certain geographical region.

Question 16

What is the difference between PGI and PDO

Answer 16

With Protected Designation of Origin ALL the process steps must take place within the specified area.

With Protected GI’s, only one stage of the production or processing has to be in the specified area.

Question 17

What are benefits of GIs?

Answer 17

They increase market value of the good.

They help preserve the traditional way of a product being made.

Question 18

What percentage of UK food and drink exports are GIs?

Answer 18

25%

Question 19

On what grounds can a GI application be opposed?

Answer 19

If it would risk the existence of another product with the same or similar name

If it’s a generic name of an animal breed or plant variety- not geographical

Would risk the existence of the trademark of another product

Question 20

On what grounds can a GI application be cancelled?

Answer 20

ANyone with legitimate interest (e.g. producer or business) can request cancellation of a GI if:

No producers complying with its specification

It has not been produced for 7 years or more.

Question 21

If there is a GI for a product, can a trademark be registered?

Answer 21

No

Question 22

What is TRIPS (Trade-Related Aspects of Intellectual Property Rights) Article 23 protection?

Answer 22

TRIPS provide wines and spirit GIs with a higher level of protection than other products

Question 23

What is TRIPS?

Answer 23

Trade-Related Aspects of Intellectual Property Rights, and is a World Trade Organization (WTO) agreement that sets minimum standards for intellectual property (IP) rights

Question 24

What is the ‘Rich get Richer’ hypothesis for GIs?

Answer 24

A lot of products with GI status already would have been premium products.

So them being given GI status further adds to the premium.

The same uplift may not be seen for non-premium products that receive GI status.

Question 25

According to the Jersey Report (2016) what percentage of people are aware of Protected Geographical Indication (PGI) Stamps ?

Answer 25

10%- however this was a small sample with only 2000 respondents.

Question 26

If people are aware of PGI stamps are they more likely to buy such a good?

Answer 26

Yes, largely so.

Question 27

Name 5 British GIs

Answer 27

Scotch Whisky Scotch beef Cornish Pasty Melton Mowbray Pork Pie West County Farmhouse Cheddar Stilton Cheese Jersey Royal Potatoes

Question 28

What is a GI offensive?

Answer 28

A product that we want to be internationally recognised and protected.

Question 29

What is a GI defensive?

Answer 29

A product that we don't want to receive GI status. This typically happens when local producers or businesses want to continue using certain product names that might become restricted due to GI protections.