World Intellectual Property Organization (WIPO) Elements for the Organization of Geographical Indications under Article 22.1 of the TRIPS Agreement Warsaw, 26 April 2006 Denis Croze Acting Director Advisor Economic Development sector

World Intellectual Property Organization (WIPO) Elements for the Organization of Geographical Indications F TRIPS Definition  Article F « Indication which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin »

World Intellectual Property Organization (WIPO) F What can be an indication: Names, symbols,... traditional expressions? F Alternative or cumulative elements of the definition? F Production, preparation and processing in the same area? F Size of the of the place of origin (a tiny wineyard to.. an entire country)? F Traditional methods Open Questions

World Intellectual Property Organization (WIPO) Appreciation of the elements F Factual approach (case by case) F Prerogative of the competent national authorities, based on the criteria which are specific and individual to them.

World Intellectual Property Organization (WIPO) Originating in the Territory of a Member, or a Region or Locality in that Territory F Description of the geographical area F Delimitation according to political, administrative, etc.. divisions u Complete correspondence not always necessary F Demonstration ( maps, borders of the area,..) u Pedoclimatic map (link depends of soil or climate) u Justification with the specific nature of the product u List of different operations located in the area

World Intellectual Property Organization (WIPO) A given quality F Description of the product or method –More or less complete –Emphasis on organoloeptic aspects F Description of the Product u Raw material u Main physical characteristics of the product u Main chemical characteristics of the product u Main microbiological and/or organoleptic characteristics of the product

World Intellectual Property Organization (WIPO) A given quality F Description of the method for manufactoring and obtaining the product u Techniques implemented u Quality criteria of the final product u All stages concerned (incl. packaging, slicing..) F Examples: –Animal breeds (breed, breeding practices, age..) –Plant productions ( varieties, dates of seeding and harvesting, method of harvesting, storage, etc..) –Manufactured products (raw materials, manufacturing process, etc..)

World Intellectual Property Organization (WIPO) Reputation of the Good F Closely linked to the history of the product u first use of the product, dates, first description, conversion method, etc.. F Detailed description u Bibliographical references (literary quotations..) or sometimes oral testimonies u Distinctive character of the product u Consumer ’s perception of the GI u Economic value of the reputation F Case by case assesment u Local, national or international basis

World Intellectual Property Organization (WIPO) Other Characteristic of the Goods F Demonstration of the interaction between the area and the natural and human factors (Terroir) built up over time F Description of the objective or subjective characteristics which discriminate the product within its reference family and refers to the characteristics of : u the final product u the practices linked to the manufactoring of the raw material u the conversion and production of the product u the social and cultural representation that producers and consumers of the product have

World Intellectual Property Organization (WIPO) Other Characteristic of the Goods F Definition in objective terms of the different components of the product (color, shape, texture, composition, etc..) F Demonstration that the components of the typical features have been u constituted by faithful and continuous local methods u proven through collective use of the name relating to the product u with specified characteritics recognized by manufacturers, processors, producers and consumers.

World Intellectual Property Organization (WIPO) Essentially Attributable to its Geographical Origin F Link with the geographical origin F Demonstration of the correlation between the place and one or more elements of the definition –Clear, objective, precise and detailed –Identifying elements (quality, reputation, other characteristic) justifying the link –Proof (tracability) + specifications

World Intellectual Property Organization (WIPO) A double function F Geographical indications (as trademarks) perform a double economic function: –To provide information to the consumers on the origin of the product –To confer a form of protection to an intellectual property right

World Intellectual Property Organization (WIPO) GIs and International Trade F Globalization of international trade and increase mobility of goods  u Increase potential for confusion as to the origin and deliberate free-riding on the reputation of a product u Need for a better reliability of trade sources to ensure that goods can be traced back to their producers F Benefits of a Good Protection u For the region u For the consumers u For the indigenous people and local communities

World Intellectual Property Organization (WIPO) Added Value for the Region of Origin F Contribute towards rural development F Fix population in the deprived areas F Encourage agricultural diversification F Preserve bio-diversity, combat desertification F Preserve local know-how and natural ressources F Attract and develop eco and cultural tourism

World Intellectual Property Organization (WIPO) Added Value For the Producers F Enhance protection and avoid economic damages from illegitimate users F Promote development of high quality value added food products F Increase market access opportunities F Strategize SMEs exports on a good marketing tool F Allow better redistribution of the added value in the production chain

World Intellectual Property Organization (WIPO) Value For the Local Communities F Identified as one of the more suitable mechanism for the protection of traditional knowledge ( based on human/natural factors ) F Rights preserved collectively F Rights protected indefinitely, Low cost F No institution (firm of indiv.) exercices an exclusive monopoly control over the knowledge information embedded in the protected indication

World Intellectual Property Organization (WIPO) Thank you