What is a geographical indication?

A geographical indication (GI) is a mark used on products that have a specific geographical origin and have qualities or reputations that are due to that origin. To function as a geographical indication, the mark must identify a product as originating in a particular place. In addition, the product’s qualities, characteristics, or reputation must be primarily due to the place of origin. Since qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

What rights does a geographical indication provide?

The right of geographical indication enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to applicable standards. For example, in jurisdictions where the Darjeeling GI is protected, producers of Darjeeling tea can exclude the use of the term “Darjeeling” for tea that is not grown in their tea gardens or is not produced in accordance with the standards set out in the Code of Practice for Geographical Indication.

However, a protected geographical indication does not enable its holder to prevent anyone from making a product using the same techniques as those mentioned in the standards for that indication. Protection of a geographical indication is usually obtained by obtaining a right over the mark that constitutes the indication.

What kind of products can geographical indications be used for?

Geographical indications are typically used for agricultural products, foodstuffs, wines and spirits, handicrafts and industrial products.

How are geographical indications protected?

There are three main ways to protect a geographical indication:

so-called unique systems (i.e. special systems of protection);

use of collective marks or tags; and

Approaches that focus on business practices, including administrative product approval plans.

These approaches involve differences in important matters, such as the terms of protection or the scope of protection. On the other hand, two approaches to protection – sui generis systems and collective or mark-up systems – share some common features, such as the fact that they establish rights for collective use by those who comply with specific standards.

Geographical indications are generally protected in different countries and regional systems through a variety of approaches, often using a combination of two or more of the approaches described above. These approaches have been developed according to different legal traditions and within the framework of individual historical and economic circumstances.

How long does geographical indication protection last?

In many unique jurisdictions, geographical indication registrations are not subject to a specific period of validity. This means that the protection of a registered geographical indication will remain valid unless the registration is cancelled.

In general, geographical indications registered as collective marks and certification marks are protected for renewable periods of ten years.

Who can use a protected geographical indication?

The right to use a protected geographical indication belongs to producers in the specified geographical area, who comply with the specified production conditions for the product.

How are geographical indication rights applied?

Like all intellectual property rights, rights in geographical indications are enforced through the application of national legislation, usually in a court of law. The right to take action may lie with a competent authority, a public prosecutor, or any interested party, whether a natural person or a legal entity, whether public or private. The sanctions provided for in national legislation may be civil (injunctions restricting or prohibiting unlawful acts, claims for damages, etc.), criminal, or administrative.

What is the difference between a geographical indication and a trademark?

Geographical indications (GIs) identify a good as originating from a particular place. By contrast, a trademark identifies a good or service as originating from a particular company.

A trademark is often made up of a fictitious or arbitrary sign. By contrast, a name used as a geographical indication is predetermined by the name of a geographical area.

Finally, a trademark can be assigned or licensed to anyone anywhere in the world, because it is linked to a specific company and not to a specific place. In contrast, a geographical indication can be used by anyone in the region of origin, producing the good according to specific standards, but because of its link to the place of origin, the geographical indication cannot be assigned or licensed to anyone outside that place or who does not belong to the group of authorized producers.

What is the difference between a geographical indication and an indication of source?

A source indication can be defined as a sign that identifies a country (or a place within that country) as the country or place of origin of a product. Unlike a geographical indication, a source indication does not indicate that there is any special quality, reputation or characteristic of the product that is primarily attributable to its place of origin. Source indications require only that the product on which the source indication is used originates in a particular geographical area. Examples of source indications are the mention of a country name on a product, or indications such as “Made in…”, “Product of….”, etc.

What is the difference between a geographical indication and an appellation of origin?

Appellations of origin are a special type of geographical indication (GI). Geographical indications and appellations of origin require a qualitative link between the product they refer to and its place. Both inform consumers about the geographical origin of a product and a quality or property of the product linked to its place of origin. The fundamental difference between the two concepts is that the link to the place of origin must be stronger in the case of an appellation of origin. The quality or properties of a product protected as an appellation of origin must result exclusively or essentially from its geographical origin. This generally means that the raw materials must be obtained in the place of origin and that the processing of the product must also take place there. In the case of geographical indications, a single criterion attributable to the geographical origin is sufficient – ​​whether it is a quality or other property of the product – or even just its reputation.

What is the relationship between traditional knowledge and geographical indications?

Products identified by a geographical indication are often the result of traditional processes and knowledge passed down from generation to generation by a community in a particular area. Similarly, some products identified by a geographical indication may embody distinctive elements of the traditional artistic heritage developed in a particular area, known as “traditional cultural expressions” (TCEs). This is particularly true for tangible products such as handicrafts, which are made using natural resources and have qualities that derive from their geographical origin.

Geographical indications do not directly protect the subject matter generally associated with traditional knowledge or traditional cultural expressions, which remain in the public domain under conventional intellectual property regimes. However, geographical indications can be used to contribute indirectly to their protection, for example, by preserving them for future generations. This can be done, for example, by describing the production standards of a GI product, which may include a description of the traditional process or traditional knowledge.

What is a “generic” geographical indication?

In the context of geographical indications, generic terms are names that, although they indicate where the product originated, have become the customary term for such product. An example of a geographical indication that has become a generic term is Camembert cheese. This name can now be used to designate any Camembert cheese.

The transformation of a geographical indication into a generic term may occur in different countries and at different times. This may lead to situations where a particular indication is considered a geographical indication in some countries, while the same indication may be considered a generic term in other countries.

What are “identical” geographical indications?

Homogeneous geographical indications (GIs) are those that are spelled or pronounced alike, but identify products that originate in different places, usually in different countries. In principle, these indications must coexist, but such coexistence may be subject to certain conditions. For example, they may be required to be used only in conjunction with additional information about the origin of the product in order to prevent consumers from being misled. Protection of a GI may be refused if, because of the presence of another homogeneous indication, its use could be considered to mislead consumers as to the true origin of the product.