Geographical Indication

Introduction

Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

A variety of products displayed on a market stall, each bearing a label indicating their geographical origin.

History

The concept of Geographical Indication has its roots in the French concept of 'Terroir', which is a term used to describe the unique environmental factors that affect a crop's phenotype, including unique environment contexts, farming practices and a crop's specific growth habitat. The concept of Terroir has been applied to the production of wine, coffee, tea, chocolate, and many other types of food.

Legal Framework

The legal framework for the protection of Geographical Indications is provided by the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Under this agreement, member states are required to provide legal means to prevent the misuse of GI in their territory. This includes preventing the use of GI that indicates or suggests that a good originates in a geographical area other than the true place of origin, in a manner which misleads the public as to the geographical origin of the good.

Types of Geographical Indications

There are three types of Geographical Indications: Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), and Traditional Speciality Guaranteed (TSG). PDO products are most closely linked to the concept of terroir. They are produced, processed and prepared in a specific geographical area, using recognised know-how. PGI products have a link to the place where at least one of the stages of production, processing or preparation takes place. TSG highlights traditional character, either in the composition or means of production.

Economic Impact

The economic impact of Geographical Indications is significant. They can add value to products, provide a competitive advantage in the marketplace, and contribute to rural development by promoting local production. In addition, they can also play a role in preserving cultural heritage and traditional knowledge.

Challenges

Despite the potential benefits, there are also challenges associated with the use of Geographical Indications. These include the costs of establishing and enforcing GI protection, the potential for conflict with trademark rights, and the need to ensure that the benefits of GI protection are equitably distributed among producers.

Conclusion

Geographical Indications are a valuable tool for promoting quality products with a specific geographical origin. They can contribute to rural development, preserve cultural heritage, and provide a competitive advantage in the marketplace. However, they also present challenges that need to be addressed in order to ensure their effective and equitable use.

See Also

• Intellectual Property
• Trademark
• World Trade Organization