Geographical Indication

Introduction

A geographical indicator (GI) is a name or symbol that appears on items and refers to a specific geographic place of origin (e.g., a town, region, or country). The use of a geographical indicator as a source indication functions as a certification that the product has specific attributes is created using traditional techniques or has a high reputation because of its geographical origin.

Geographic indications are defined as "indications that identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality within that territory, where a given quality, reputation, or another characteristic of the good is essentially attributable to its geographical origin," according to Article 22.1 of the TRIPS Agreement.

Since at least the end of the 19th century, governments have protected trade names and trademarks of food products associated with a specific region by enacting laws against false trade descriptions or passing off, which generally protects against claims that a product has a certain origin, quality, or association when it does not. In such circumstances, governments justify the restriction on competitive freedoms resulting from the grant of a monopoly of usage over a geographical designation by citing consumer or producer protection benefits.

Geographical markers aren't just used for agricultural items. A geographical indicator may also draw attention to certain attributes of a product that are related to human elements in the product's area of origin, such as manufacturing skills and traditions. Take, for example, handicrafts, which are often manufactured by hand utilising local natural materials and are often rooted in local customs.

Legal Effects

The TRIPS Agreement provides protection for geographical indications.  There are two types of legal protection for geographical indications: On the one hand, it is provided by sui generis legislation (public law) in places like the European Union. To put it another way, GI protection should be implemented through ex officio protection, in which authorities can support and participate in the development of GI collective dimensions in collaboration with their corresponding GI regulatory council, and in which ongoing dialogue with the government is required for effective inspection and quality control. It is, on the other hand, provided by common law (private law). In other words, it is analogous to trademark protection in that it may be registered through collective trademarks as well as certification marks, such as in the United States.

The consumer-benefit purpose of the protection rights granted to the beneficiaries (generally speaking the GI producers), has similarities to but also differences from the trademark rights:

1. While GIs denote the geographical origin of a good, trademarks denote a commercial origin of an enterprise.
2. While comparable goods are registered with GIs, similar goods and services are registered with trademarks.
3. While a GI is a name associated by tradition with a delineated area, a trademark is a badge of origin for goods and services.
4. While a GI is a collective entitlement of public-private partnership, a trademark refers entirely to private rights. With GIs, the beneficiaries are always a community from which usually, regardless of who is indicated in the register as an applicant, they have the right to use.^[Trademarks distinguish goods and services between different undertakings, thus it is more individual (except collective trademarks which are still more private).
5. While the particular quality denoted by a GI is essentially related to a geographical area, although the human factormay also play a part (collectively), with trademarks, even if there is any link to quality, it is essentially because of the producer and provider (individually).
6. While GIs are an already existing expression and are used by existing producers or traders, a trademark is usually a new word or logo chosen arbitrarily.
7. While GIs are usually only for products, trademarks are for products and services.
8. While GIs cannot become numerous by definition, with trademarks there is no limit to the number that might be registered or used.
9. While GIs may not normally qualify as trademarks because they are either descriptive or misleading and distinguish products from one region from those of another, trademarks normally do not constitute a geographical name as there is no essential link with the geographical origin of goods.
10. While GIs protect names designating the origin of goods, trademarks – collective and certification marks where a GI sui generis system exists – protect signs or indications.
11. While with GIs there is no conceptual uniform approach of protection (public law and private law / sui generis law and common law), the trademark concepts of protection are practically the same in all countries of the world (i.e., basic global understanding of the Madrid System). In other words, with GIs there is no international global consensus for protection other than TRIPS.
12. While with GIs the administrative action is through public law, the enforcement by the interested parties of trademarks is through private law.
13. While GIs lack a truly global registration system, trademarks global registration system is through the Madrid Agreement and Protocol.
14. While GIs are very attractive for developing countries rich in traditional knowledge, the new world, e.g., Australia, with a different industry development model they are more prone to benefit from trademarks. In the new world, GI names from abroad arrive through immigrants and colonisation, leading to generic names deriving from the GIs from the old world.

Examples

The use of the word 'handmade' or 'handicrafts' as a geographical indicator can draw attention to such products, helping to differentiate them from their mass-produced counterparts. Similarly, the use of the name \"Made in Portugal\" can help to draw attention to products that have been manufactured in a particular geographic region in Portugal, helping to differentiate them from products that have been manufactured in other parts of the world. Similarly, the term 'Parma-style prosciutto' can be used as a geographical indicator to help to draw attention to the traditional methods of production used to create a particular type of product, helping to differentiate it from products made using more modern or mechanised techniques. The use of the name 'Parma-style prosciutto' can also contribute to the reputation of Parma as the origin of this particular type of product, which can then be used to draw attention to the traditional methods of production used to create this high-quality product, thereby enhancing its competitive position.

The use of a geographical indicator can also serve to certify that a product has specific attributes that are inherent to a certain area, even if manufacturing processes or ingredients are the same worldwide. For example, the use of champagne as a geographical indicator can help to draw attention to the fact that the main ingredient in champagne is fermented grapes, regardless of whether the process is carried out in France, Germany, or Mexico.

In some cases, however, the use of a geographical indicator can be used as a form of intellectual property protection. For example, the use of the word 'gin' as a geographical indicator can draw attention to products that have been manufactured in a particular region of France, helping to differentiate them from products that have been manufactured in other parts of the world. In some cases, however, the use of a geographical indicator can be used as a form of intellectual property protection. For example, the use of the word 'gin' as a geographical indicator can draw attention to products that have been manufactured in a particular region of France, helping to differentiate them from products that have been manufactured in other parts of the world.

Over time, consumers have become accustomed to identifying products with such geographical indications. This has led to an increase in the number of businesses that manufacture products using these techniques, which can be a sign of a high level of consumer demand. As a result, governments have begun to enact legislation that restricts the use of certain geographical indications as trademarks or certification of origin. For example, in Europe, the term \"handmade\" is a registered geographical indication (GI) and must be used as a trademark by handicraft producers in the EU.

In the case of food products, the use of the name \"Made in France\" can help to draw attention to products that have been manufactured in a particular geographic region in France, helping to differentiate them from products that have been manufactured in other parts of the world. In the case of food products, the use of the name \"Product of India\" can help to draw attention to products that have been manufactured in a particular geographic region in India, helping to differentiate them from products that have been manufactured in other parts of the world. In the case of food products, the use of the name \"Product of Italy\" can help to draw attention to products that have been manufactured in a particular geographic region in Italy, helping to differentiate them from products that have.

CONCLUSION As a result of the foregoing, a GI offers a guarantee of quality and individuality, which is a result of its origin. Furthermore, in today's globalised world, a GI protects local culture and tradition from being abused by outsiders who use the GI to deceive clients into believing that the items are from a certain location and hence have a distinct quality. GI status, as described in 'Embedding Local Places in Global Spaces: Geographical Indications as a Territorial Development Strategy (2010),' is unique in that it provides a "means of ensuring that control over production and sales of a product remains within a local area, while at the same time [it] makes use of extra local[foreign] markets."