Bibliografia

The European Union Geographical Indications (GI) framework has granted, from the outset, a broad scope of protection to producers of GI-protected products. This already broad scope of protection has been expanded further by the case law of the Court of Justice of the European Union (CJEU), particularly in evocation cases, where its case-specific approach has resulted in a gradual expansion of the protection of registered names against evocation. Based on CJEU decisions, the authors attempt to propose a systematic test for GIs’ evocation, the goal being to contribute to greater coherence and legal certainty on decisional practice. Moreover, they advocate for a more principled approach which ensures an appropriate balance between the goals of the GI system and GIs’ scope of protection with a special reference to the—recently decided—Morbier case.

Recently the European Commission has launched two road maps affecting geographical indications (GIs) regulations from two different perspectives: one regarding a revision of agricultural products, wine and spirits regulations and another regarding intellectual property. In this second plan, special attention will be paid to upgrading the system for IP protection, by exploring ways to strengthen the protection system for GIs of agricultural products and considering the introduction of an EU protection system for non-agricultural GIs. This article aims to explore the principal challenges of reforming the GI legal regime, and the opportunity to establish core common principles for those rights by considering the unitary legal nature of GIs as an intellectual property right while analysing and preserving differences within each sector. The article shows the value of analysing GIs as an intellectual property right in a coordinated way, as an essential element of the EU Action Plan addressed to upgrade the EU IP system to facilitate the digital and green transition. The study analyses EU GIs case law, in comparison with other jurisdictions such as Spain.

This article analyzes the current laws, regulations and legal doctrines applicable to the registration of geographical indications in Indonesia. Notably, this contribution considers the complications in implementing the protection for geographical indications for non-agricultural products in Indonesia following the adoption of the Minister of Justice and Human Rights Regulation (MJHR) 2019. Non-agricultural products have a strong link with local cultural factors but, in some instances, a weaker link with natural factors. This makes them difficult to be registered as geographical indications under the current language and requirements of MJHR 2019. This article uses primary and secondary sources as well as semi-guided and in-depth interviews to make its conclusions and recommendations. In particular, the article proves the current text of Regulation 2019 is in contradiction with the trade mark and geographical indications law of 2016 as well as the previous regulation of 2007. Accordingly, it suggests that the current requirements of MJHR Reg. 2019 be harmonized.

This article addresses how much Turkish law on infringement of Geographical Indications (GIs) is in alignment with the EU law.
It is divided into two broad parts. While the first part will portray the types of GIs that exist in Turkey, the second part will explore the grounds for infringement of a GI in the light of case law.

Geographical indications (GIs) as distinctive signs and catalysts for local development identify local, national, European and international governance systems, regulated by heterogeneous rules and stakeholders. These rule systems can evolve, and their robustness and resilience can be challenged by external drivers. Among the objectives of the new Farm to Fork strategy of the Green Deal, the European Commission envisages the introduction of sustainability criteria in the EU GI sui generis system. This article gives an overview of the possible impact of these criteria on the GI rule systems at the local, national and EU level. It also describes some of the implications of the reform for producers’ groups and for national and EU authorities.

Using a new detailed dataset on country-product information on European Union (EU) Geographical Indications (GIs), we study the impact of this food quality policy on trade margins over the 1996–2014 period. We consider the effect of GIs on both intra- and extra-EU trade margins (extensive and intensive), as well as on export (and import) unit values. Our main results show that GIs affect trade flows differently depending on whether GIs are produced by the exporter or importer country. The presence of GIs in the exporter country systematically exerts a positive trade effect on both the extensive and intensive trade margin. When registered only in the importer country, GIs seem to act weakly as a trade-reducing measure, at least at the intensive trade margin. In addition, GIs positively affect export prices, consistent with the idea that GI products are perceived by consumers as higher quality goods. Importantly, extra-EU trade margins react similarly to those on intra-EU trade. These results have clear and interesting implications concerning the EU strategy of promoting the protection of GIs worldwide.

The protection of Geographical Indications (GIs) supports producers to define common quality standards while highlighting the geographical origin of food products with specific qualities. Adaptations of quality standards are driven by international competition, new production technologies or environmental change. The purpose of this paper is to analyse the modifications affecting the European Union (EU) Protected Designation of Origin-Protected Geographical Indication. It specifically compares the share of amendments in the diverse product classes, years and countries, illustrates specific cases and identifies the factors explaining the probability to amend product specifications.
Official documents of the DOOR Database provide the material for an analysis of changes in product specifications. They also supply the data for four illustrative cheese cases and logistic regression of all EU amendments.
Amendments of GI product specifications are very frequent: 17 per cent of all 1,276 EU GIs had at least one amendment. This happens in particular for processed products (42 per cent more often than for unprocessed ones) and specific countries (GIs in Italy are six times, Spain five times and France four times more likely to have an amendment compared to GIs from other EU countries). As illustrated by contrasting cheese amendments, the diverse modifications in the product specifications range from more flexibility and innovation on the one hand to stricter rules for strengthening the product’s identity on the other hand.

Linking people, places and products presents a methodological approach for the development of procedures to preserve and promote quality products, centred on the virtuous circle of origin-linked quality. The guide provides concepts, recommendations and practical examples from all over the world, together with self-evaluation exercises. With a view to boosting the capacities of those involved in such procedures, increasing the number of experts worldwide and also bearing in mind the recent level of interest in this subject, FAO and REDD plan to offer a complete training tool.FAO and REDD have thus worked together to support a bottom-up approach, developing a first training tool for a participatory process of training on the promotion of origin-linked quality and sustainable geographical indications. The training material in the present volume, Linking people for quality products: sustainable interprofessional bodies for geographical indications and origin-linked products, focuses on the management and promotion of the specific qualities of geographical indications (GIs) by local stakeholders gathered together in a collective management organization – the interprofessional, or joint body – that is central to the commercial success, and ultimately to the sustainable impact, of any initiative to promote the link between a product and its origin. The content and theory pages of this training manual set out the basic concepts, while the exercise sheets provide for participative activities. The trainer notes, together with the introduction, guide trainers in the preparation of tailored training in relation to the five steps of the virtuous circle.

Geographical indications (GIs) serve to designate goods with quality, characteristics, or reputation attributed to their geographical origin. They are increasingly protected in many countries of the South as a tool for economic, social, territorial, and ecological development. Implemented in the wake of the weakly prescriptive WTO Agreement on Trade-Related Intellectual Property Rights (TRIPs) of 1995, the choice of the institutional framework for protecting GIs nationally as well as associated public support infrastructure was left open. This led to divergences in overarching approaches and to GI institutionalization that differs remarkably across countries. Twenty years after TRIPs, the purpose of both this paper and of the special issue is to advance our understanding of the institutionalization of GIs, as an IPR, a quality standard, and a policy instrument in harnessing all of the expected benefits of GI protection. Building upon the contributions to this special issue, we use an original multilevel governance framework to analyze all the multifaceted roles of the state, in different empirical situations worldwide. This reflects the experiences of countries that have only recently implemented GI protection, such as Brazil, Colombia, India, Indonesia, Vietnam, South Africa, Kenya, and West African countries, as well as of regions with a long history of GI protection, including the EU and the US. Based on an analysis of the complexity and diversity of all states, we show that global harmonization is underway with convergence toward a prominent role of the state in GI regulation, in particular for defining GI content, which is specific for GIs when compared to other IPRs or quality standards. We suggest that the intervention of the state is supported by a universal desire to guard against unfair exclusion and to protect a common heritage. 

Protected designations of origin (PDOs) and protected geographical indications (PGIs) for food products are used by the European Union with the goal of achieving several policy objectives. We build a multicriteria analysis framework for ex-post assessment of the performance of PDOs. The performance criteria are based on five policy objectives, as defined by European policymakers in regulations, with each criterion measured by a set of indicators. We apply the framework to analyze the performance of all Italian PDO cheeses and olive oils from 2004 to 2008. The results show that for the PDOs studied it is feasible, in general, to perform on all five objectives at the same time, although partial tradeoffs are present between the bargaining power and local development objectives on one side and the market performance objective on the other. A ranking of PDOs in the two sectors on all objectives using multi-criteria analysis and equal weights on all objectives shows overall higher performance for smaller PDOs that are well-rooted in the territory of origin and targeted to niche market segments. Lower ranked PDOs under this scenario tend to be bigger, older, and better established in wider markets. Alternative weighting scenarios that emphasize niche/local market PDOs or market performing PDOs yield different relative rankings. The results provide insights for both policymakers and stakeholders into the evaluation of PDO policy, as well as into the performance of individual PDO products.

The main aim of this study is to offer a method and a tool to help the stakeholders involved identify food and agricultural products that could become the pivotal elements in a virtuous circle of origin‐linked quality through a territorial strategy for preservation and promotion. The enhancement of a product of origin‐linked quality can have positive effects that are reinforced over time in terms of the economic viability and preservation of the natural and cultural heritage.  This paper seeks to support the identification phase, which is carried out by local stakeholders within the territory of a given product or is introduced by policymakers at a higher, regional or national, level to support such strategies in the zones under their political control. The paper has two specific objectives: first, to propose a set of criteria for analysing the origin‐linked quality of a particular product and then the strengths and weaknesses in its zone and production system under a territorial strategy for economic development and preservation of the heritage based on the enhancement of the product; second, to propose an inventory process to be adopted by the region or country as a whole (and thus covering various zones and their products) in support of a territorial development policy, and to identify pilot case studies from a list of potential products.

This book seeks to set geographical indications (GIs) in the context of the overall development of today’s economies and societies as marked by globalization and the interaction of cultures that this entails. The book is divided into two parts. The first part (chapters 1-6) sets out the findings of a decade of research into GIs in Europe in the global context. The second part (chapters 7-10) is based on the existence of GIs as a sector in itself in the context of globalization. Included in the appendixes are GI case studies in Europe and maps of protected designations of origin and geographical indications (PDOs and PGIs). Also included are a glossary and a subject index.

This study was an update and expansion of a previous study: “Value of agricultural production under protected designations of origin (PDO) and protected geographical indications (PGI)” (Tender N° AGRI–2008–EVAL–02) performed in 2009 for the DG AGRI of the European Commission. It covered GIs registered under Council Regulation (EC) No 510/2006 (the period covered 2005-2008). The present study aimed to 1) update the database for the period 2009-2010; 2) expand and complete the database with data on the volume, value and trade of production for each wine, aromatised wine and spirit registered under GI for the period 2005-2010; 3) analyse the value premium received by products bearing a registered name, to assess the evolution of value, volume and trade of geographical indications during the period 2005-2010; and, finally, to compare the situation with standard products and between different GI products and sectors at EU and Member State levels.

This book seeks to set GIs in the context of the overall development of today’s economies and societies as marked by globalization and the interaction of cultures that this entails. GIs are products that are both very ancient in terms of their ancestral function and very modern in terms of what is at stake. GIs provide a fine example of how the economic development of the planet might be envisioned so that it takes account of this classic opposition and the complexity of the main issues involved. . One assumption made here is that in the future we will see a trade economy increasingly structured by quality standards. These standards will be reached and managed through the cooperation of both public and private entities, a situation described by the term ‘quality fora’, which is explained and discussed in Chapter 8. Among the variety of such arrangements that can be expected to emerge, GIs provide a particularly interesting and forward-looking example. The book is divided into two parts. The first (Chapters 1–6) sets out the findings of a decade of research into GIs in Europe in the global context. The second part of the book is based on the existence of GIs as a sector in itself (validated, potentially at least, by the market and its externalities) in the context of globalization.

The geographical indications scheme provides a potential economic opportunity for farmers and producers of food and can have a positive impact on the rural economy. To achieve this objective and provide the intended protection, an appropriate EU framework needs to be in place. The Court examined whether the scheme’s control system is conceptually robust, whether the procedures and measures used render it attractive to potential participants and whether the measures available and the Commission’s actions have contributed to increasing consumer awareness. Checks relating to the geographical indications scheme aim to verify compliance of a PDO or PGI product with a product specification and to detect instances of disallowed use of a protected name.

This book seeks to set geographical indications (GIs) in the context of the overall development of today’s economies and societies as marked by globalization and the interaction of cultures that this entails. The book is divided into two parts. The first part (chapters 1-6) sets out the findings of a decade of research into GIs in Europe in the global context. The second part (chapters 7-10) is based on the existence of GIs as a sector in itself in the context of globalization. Included in the appendixes are GI case studies in Europe and maps of protected designations of origin and geographical indications (PDOs and PGIs). Also included are a glossary and a subject index.

The following pages will address, from a practical perspective, the factors that need to be considered in order effectively to support the promotion of, and adding value to, a traditional product of regional origin. While this document is dedicated primarily to association processes, it was deemed essential to clarify concepts and elucidate the legal implications of geographical indications, particularly by putting them into perspective with regard to trademark legislation. The first part of the paper is dedicated therefore to the legal aspects. In the second section, value-adding groups are defined in general and the promotion of traditional products of regional origin is discussed. Furthermore, the role of typical products in the dynamics of rural development is highlighted and initial insight into quality consortia is provided. The third part, which is the methodological component of the document, deals with the various issues that must be considered when creating and developing a quality consortium. This section discusses the factors that determine, firstly, the extent of the socio-economic benefits that consortium members can obtain through their involvement in the joint initiative and secondly, the degree of success a traditional product of regional origin may achieve in the market. It specifically addresses: the desirable characteristics of the product to be promoted; methods for launching a collective value-adding initiative; procedures for jointly developing and implementing common production rules; services a quality consortium can offer; ways of collectively promoting the product; the issue of expanding the quality consortium; the criteria for applying for a geographical indication; and the importance of external support. Although the document includes theoretical considerations, it is action-oriented and focuses on topics applying in the field. This objective is borne out in the many case studies provided in the text.

This study provides a worldwide panorama of current trends in Geographical Indications (GIs) as they relate to biodiversity conservation and rural development, and their potential contributions to poverty, hunger alleviation and environmental goals. When peasant and indigenous producer organizations decide to participate in the marketplace with a product that is not generic, GIs can be useful in developing and consolidating a differentiated geographical identity and a reputation, building quality systems and providing governance to value chains based on local biological resources and traditional and innovative knowledge and practices. Challenges and opportunities facing small producers from developing and transformation countries are identified, based on the experience of two dozen GI cases from all continents. GI implementation is described through cases that were selected to illustrate both tradition and innovation; contributions and threats to biodiversity conservation; the use of traditional and innovative knowledge and practices; economic benefits at different levels; and also governance issues. GI contributions to these aspects of sustainability are assessed qualitatively as ‘relevant’, ‘modest’ or ‘negligible’; and negative and positive trends are identified. Lessons drawn from the cases are presented in tables, grouped by component, distinguishing both opportunities and pitfalls. Finally, three cases are presented in which no GI has been registered as yet but discussions are underway.

The objectives of this guide are: 1. to explain what origin-linked quality and the GI concept are; 2. to raise awareness regarding the potential of origin-linked products for rural development and conditions for sustainability; 3. to facilitate implementation of GI processes at local level by providing tools and a concrete methodology. Based on multidisciplinary research and empirical evidence from all over the world, this guide is intended for practitioners, rural development specialists from the public or private sectors, representatives of value chains, policy makers, rural community leaders and trainers. It is intended more particularly for those involved in the development of agricultural and food systems who have an interest in promoting and preserving local food products and resources (traditions, know-how and natural resources) within a perspective of rural development. The role of these facilitators is of paramount importance in helping local stakeholders to become aware of the potential of originlinked products, organize themselves and carry out collective actions, understand the importance of appropriate rules and pilot the GI system towards economic, sociocultural and environmental sustainability. This practical guide avoids prescriptive or normative solutions, instead offering an approach that provides step-by-step answers to the main questions facing development actors seeking to identify, define and protect products of origin-linked quality through the adoption of various measures allowing their sustainable development.

The present study provides an evaluation of the PDO/PGI scheme. The terms of reference of the project listed two key issues which were to be addressed by the evaluation study: First, the study has to provide a detailed description of the implementation and usage of the PDO/PGI scheme over the evaluation period 1992-2006; Second, the study has to evaluate the effectiveness of the PDO/PGI scheme itself. While the analysis of the implementation and usage of the scheme covers the 27 Member States over the period 1992 to 2006, the evaluation of the effectiveness of the scheme is based on publicly available information, research and academic literature, and detailed case studies of 18 PDO/PGI products in 10 Member States.

En s’appuyant sur les résultats du projet européen DOLPHINS (Development of Origin Labelled Products : Humanity, Innovation and Sustainability) , le but de ce papier est de contribuer à la compréhension des controverses dans les débats internationaux par l’analyse des réseaux d’acteurs qui participent de près ou de loin à la construction de ces instruments. Après avoir rappelé les enjeux et l’historique de la réglementation (section 1), nous analyserons comment et sur quelles justifications se sont développées dans différents pays européens (France, Italie, Royaume-Uni et Suisse) et au niveau de l’Union Européenne (UE) des politiques de protection et de promotion des Indications Géographiques (section 2), ce qui nous permettra d’analyser dans chacun des cas les phases de développement de ces politiques (section 3).

The essay aims to investigate the link between product and territory.
Agricultural products linked to the concept of local are inextricably linked to culture.
The result of the research is set out in three parts: these deal with the identification and knowledge of the product, the regulations that protect them and, finally, their valorisation.