Geographical Indications Recognised Alongside Country of Origin Status
28 May 2015 --- Negotiators have agreed to adopt the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The agreement approved a revision of an international registration system providing protection for names that identify the geographic origin of products such as coffee, tea, fruits, wine, pottery, glass and cloth.
The Geneva Act of the Lisbon Agreement further develops the legal framework of the Lisbon System, which helps promote many globally marketed products such as, for example, Scotch whisky, Darjeeling tea and Café de Colombia.
Globally, more than 4,000 food specialities benefit from the geographical indication (GI), which is designed to preserve the methods, skills and regional specifications of producing such goods.
Other changes affect fee provisions, scope of protection, protection against becoming generic, and safeguards for respect of prior trademark rights.
The Geneva Act of the Lisbon Agreement will enter into force three months after five eligible parties have deposited their instruments of ratification or accession.
Broadly speaking, a geographical indication is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin. An appellation of origin is a similar type of sign, but often with more stringent criteria for usage.
Appellations of origin and geographical indications both require a qualitative link between the product to which they refer and its place of origin. Both inform consumers about a product’s geographical origin and a quality, characteristic or reputation (for geographical indications) of the product linked to its place of origin. The basic difference between the two terms is that the link with the place of origin is stronger in the case of an appellation of origin.
The quality or characteristics 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 should be sourced in the place of origin and that the processing of the product should also happen there.
In the case of geographical indications, a single criterion attributable to geographical origin is sufficient for the geographical indication to qualify as such, which may also be the specific reputation of the product. Moreover, the production of the raw materials and the development or processing of a geographical indication product do not necessarily have to take place entirely in the defined geographical area.
Additional examples of appellations of origin and geographical indications are Gouda Holland, Argan Oil, Swiss watches and Tequila.
