Geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Typically, geographical indications consist of the name of the place of origin of the goods. Many agricultural products have qualities that are influenced by the region they come from and local factors like climate and soil. The use of a geographical indication is governed by national laws and consumer perception.
Examples of well-known names of products associated with geographical indications include “Champagne,” “Tequila,” “Darjeeling,” “Roquefort,” “Chianti,” “Pilsen,” “Porto,” “Sheffield,” and “Havana.” A common feature of all these names is their geographical significance, meaning they identify a specific region, city, area, or country of origin. However, when we hear these names, we often think of the products associated with them rather than the locations they indicate.
These examples illustrate that geographical indications can achieve high value and can be commercially valuable intellectual property. For this reason, geographical indications are often susceptible to unauthorized use, counterfeiting, or imitation, making their protection essential at both the national and international levels.
Is geographical indication limited to agricultural products?
The use of geographical indications is not limited to agricultural products. Geographical indications can also characterize specific qualities of a product attributed to human factors found in the region of origin, such as specific skills and traditional production processes. The region of origin can be a village, city, area, or country. A prominent example of a country-based geographical indication is “Switzerland,” widely recognized as an indication for products produced in Switzerland in general and particularly for watches.
What is the purpose of geographical indications?
Geographical indications identify the place or region of production that decisively influences the specific quality of a product originating from there. The quality and reputation of the product stem from the production region. Because the characteristics of the product depend on the production region, there exists a certain “link” between the product and its original place of production.
What is the difference between geographical indication and rules of origin?
“Rules of origin” are the conditions used to determine where a product was manufactured. They are an essential part of trade regulations, as they affect trade policy measures like quotas, preferential tariffs, anti-dumping duties, and countervailing duties.
Rules of origin are also used to collect trade statistics and determine labels such as “Made in…”. This issue is becoming increasingly complex due to globalization and the way products are manufactured in multiple countries before being marketed.
On the other hand, geographical indications are signs used on goods with a specific geographical origin and particular qualities or reputation due to that region. Only specific products meeting the criteria and registered can carry these signs. Most geographical indications contain the name of the geographical place of origin of the goods.
What is the difference between geographical indication and a trademark?
A trademark is used by businesses to distinguish their goods and services from those of other businesses. The owner of a trademark has the right to prohibit others from using that trademark. Geographical indications, on the other hand, indicate to consumers that a product is produced in a specific region and possesses specific qualities due to that region of production. All producers of products in the designated geographical area with the same quality standards can use that geographical indication.
