Geographical Indications: Value & Protection
This article explores the global significance of Geographical Indications (GI), highlighting their economic, cultural, and legal value, benefits for producers, and strategies for preservation amid climate change.
Some of the Geographical Indications (GI) from all around the World are:
Darjeeling Tea, Monsooned Malabar Arabica Coffee (India), Basmati rice (Pakistan),平谷大桃 / Pinggu Da Tao fruit (China), Vale dos Vinhedos vine (Brazil), Jamaica Jerk, Blue Mountain Coffee (Jamaica), Aceite de la Comunitat Valenciana (Spain), Beaufort cheese, Kintoa (France), Γραβιέρα Νάξου / Graviera Naxou cheese, Kalamata oil (Greece).
Often, buyers do not know that the above-mentioned products are GI. However, buyers associate GI with the outstanding quality of the product and buyers in the GI name recognize the overall country's brand.
Benefits of GI Products
In today's economy, geographical indications may be great assets for the local producers and the entire region or country. Furthermore, GIs have a positive economic impact on their country, generally on the world economy, environment and sustainable development.
Economic Impact
The sales value of the European food and drink sector was estimated at EUR 1 101 billion in 2017. The share of GI/TSG products reached 7.0% in EU28, corresponding to an estimated sales value of EUR 77.15 billion in EU28 in 2017. There was a 42% increase between 2010 and 2017.
Also, GI products are often 4 or 5 times more expensive than non-GI products. This is based on the certified production and outstanding and unique quality of the product.
So, what makes GI as one intellectual property right so unique?
Identification of its Origin
Geographical indications are legal signs that identify a good as originating from a specific country or region, where the product's reputation is attributable to its geographical roots. The identity of GI products reflects the unique combination of local natural resources (climate, soils, local breeds, and plant varieties, traditional equipment, etc.) and cultural ones (traditions, know-how, and skills, some of which are transmitted through generations) in a given territory.
In that way, GI links the product, the people, and the place. The peculiarity of GI is reflected in the collective dimension of this right and its ownership that can't even be transferred to others. Simply, local producers from certain locations (their association) own this powerful IP right, and nobody outside that determined location can not use this right.
Opportunity for Small Producers
This intellectual property right can be a great opportunity for developing countries and their small producers. Through their connection, local producers can benefit in many ways by establishing an Interprofessional body that can protect and manage this right. They can sell the product at a higher price.
Tourism
For example, the economic profitability of Volaille de Bresse Poultry (France GI for chicken) is in supplying luxury gastronomic restaurants. Then, GIs can strongly contribute to tourism in the product's geographic area. In the case of Volaille de Bresse Poultry, in this place (Volaille de Bresse, France) there are four festive days called Les Glorieuses de Bresse. Chicken producers are competing for the best Volaille de Bresse Poultry. Chickens are wrapped in special linen or cotton swaddling from which the feathered neck of the chicken protrudes. This attracts more and more tourists every year.
Considering that developed countries have already recognized the role of geographical indication in national economies, their examples could serve as fertile examples. Developing countries can use these examples. From a legal perspective, different protection routes exist (national laws, international and EU regulations and agreements). This IP right is also a territory right and applies only in countries where protection has been obtained. For those interested in finding out what has been registered so far for the EU market and beyond, please have a look at the GI View register available here GIview (tmdn.org)
Frequently Asked Questions
1. What strategies can spirit producers employ to prevent counterfeit products from undermining the integrity of geographical indications?
Four main categories of strategies are:
Implementing a system for monitoring the specifications and the control system
GI registration and TM registration are only the first step. Spirit producers must collectively establish rules regarding quality schemes and control, product distribution, and marketing.
Quality schemes are crucial for continued quality and compliance with the code of practice or regulations of use. It has to take place on a regular basis during the entire GI life cycle
Establishing proven supply chain management
From the raw materials until the final product distribution to the end user (all touch points in this supply chain should be collectively carefully chosen, proscribed, and monitored). Integrity can be damaged by failure to comply with supply chain rules.
Managing GI enforcement activities and enforcement strategy
This encompasses monitoring GI Spirit product distribution, including online offers and sales. The infringement can be done internally (e.g. unauthorized producers fail to comply with the specifications) and externally (e.g. usurpation, misleading the consumer, misleading advertising, counterfeiting, and other different types of fraud). Therefore, some of the best practice strategies are:
- Strengthening the legal competence within the group
- Establishing a clear and efficient system for monitoring cases of fraud and infringement
- Regular communication to relevant stakeholders, not only consumers but also IP enforcement authorities such as Customs, Police, etc., so that they can take appropriate action
Consumer Education
Raising awareness of GI spirits products is equally important as all the above mentioned. In today’s fast-paced consumer market, buyers need to recognize, value and finally buy GI products. The decision-making process and distinguishing between counterfeited products can be a challenge. Therefore, spirit producers and interprofessional bodies should organize marketing campaigns, product labeling, and consumer outreach programs.
2. What potential implications do climate change and environmental sustainability concerns have on recognizing and protecting geographical indications?
Overall, climate change and environmental sustainability are closely linked with GIs. GIs link people, places, and products. Therefore, changes in any of these three will be reflected in GI.
Because of climate and biodiversity changes, some GI products have shifts in the raw materials, production process, and many more. There are some shifts in e.g. grape ripening times and alterations in flavor profiles, as well as the growth of alpine grasses and herbs that contribute to the unique flavors of Alps cheeses.
Interestingly, warmer temperatures also affect wines produced in regions with specific microclimates influenced by glaciers, such as certain parts of Switzerland or Austria. The same applies to glacial water used in some GIs for its purity and unique mineral composition.
A Loss of biodiversity can undermine the authenticity and cultural significance of GIs, prompting efforts to protect and conserve native species and ecosystems.
Adapting to the changes is essential to preserve the authenticity, quality, protection, and recognition of GI products.
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