Consumers believe that geographical indications indicate the origin and quality of goods. Many well-established geographical indications have significant value, and if not adequately protected, they can be unlawfully exploited by dishonest trading partners. Misusing geographical indications by third parties can harm both consumers and legitimate producers. Consumers can be deceived into thinking they are buying high-quality, certain-characteristic goods when, in reality, they are purchasing worthless counterfeits. Legitimate producers may suffer losses as their valuable business opportunities are taken away, and their reputation for their products is damaged.
How is geographical indication protection implemented?
Geographical indications are protected under national laws and various regulations, such as competition law, consumer protection law, certification trademark protection law, or special laws on geographical indication or origin name protection. The core principle is that third parties are not allowed to use geographical indications if such usage has the potential to deceive the public about the true origin of the goods. Appropriate enforcement measures range from court injunctions prohibiting unlawful use to compensation for damages and fines or imprisonment in severe cases.
How is geographical indication protection handled at the international level?
Several agreements managed by the World Intellectual Property Organization (WIPO) regulate geographical indication protection, notably the Paris Convention for the Protection of Industrial Property of 1883 and the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration. Additionally, Articles 22 to 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) address the international protection of geographical indications within the framework of the World Trade Organization (WTO).
What is the concept of “genericide” concerning geographical indications?
If the term “geographical” is used to denote a type of product rather than indicate the product’s place of origin, the term loses its function as a geographical indication. In such cases, within a certain time frame in a specific country, that country may recognize that consumers understand the term as an indication of the product’s origin – for example, “Dijon Mustard” originally referred to a type of mustard originating from the town of Dijon in France but is now used to describe a type of product without needing to know its place of production.
