Better GI protection within the WTO framework Stefano Fanti – Managing Director Consorzio del Prosciutto di Parma Geneva, 27 May 2004

Parma Ham in Figures 200 producers, with employees 150 slaughter houses breeding farms Annual production: +/- 9 million hams 80% sold on the Italian market Exported to more than 60 countries Annual turnover: 1.5 billion

High Costs due to the limited GI Protection Numerous abuses of the Parma Ham name High costs for producers –Legal costs: more than 1 million Euros per year –Image and Reputation towards consumers undermined –Loss of many market opportunities High costs for consumers : mislead on the quality and origin of the product

Misleading label and Abuse of the designation Parma Ham in Canada Parma = Italy Italian authentic! Italian flag It must be Italian!

Protecting a Geographical Indication: Mission almost Impossible! Absence of sui generis GI system in many countries Registration via trademark systems refused: generic and/or descriptive name Limited interest in trademark registration if product not allowed in the country Name already registered as trademark = one is forced to purchase a registered trademark

Article 22 Protection Not Sufficient Article 22 TRIPS mainly protects against consumer deception –Extremely difficult to prove consumer deception –Burden of proof on the holder of a GI –Legal uncertainty: up to courts to decide Article 22 does not prevent: –GIs from becoming generic –Abuse of GI name by trademark Consumers not protected against deception

Better protection of GIs required Article 23 Protection for all GI products –No discrimination between GI products –Legal means to prevent: Use of GI name even when true origin indicated Use of GI name in translation Use of GI name with expressions such as « like », « kind », « style » Registration of trademark than contains a GI name Need a legally binding multilateral register open to all geographical indications

Thank you for your attention