Geographical Indication - What is it?
The system of geographical indications was introduced by the European Union to promote and protect food products. The system is aimed at encouraging a diversity of agricultural production, protecting product names from misuse and imitation, harmonising concepts at the level of the European Union, and helping consumers by giving them information on the specific character of particular products.
Woman and young girl in handicraft market with young boy sleeping on the ground in Otaualo, Ecuador in Otaualo, Ecuador
A geographical indication, or GI, is a sign used on goods that have a specific geographical origin and often possess qualities or a reputation that are due to that place of origin. GIs can be used for non-food products as well, in which the materials and designs used have some environmental input that results in a difference that can not be achieved in any other environment. For example, baskets that are woven in particular designs, using materials that are only grown in a particular place.
A GI can be the name of a region, a specific place or, in exceptional cases a country, used to describe an agricultural product or a foodstuff, which originates in that region, specific place or country, and which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place within the defined geographical areas. Unlike trademarks, which can only be used by the owner of the mark, a GI can be used by all producers at the geographical location whose products share similar qualities. As illustrations, “Champagne” can be used by all producers of a naturally sparkling wine from the Champagne district of France who produce the drink using the champenois process, and “Sarawak Pepper” can be used by all pepper growers in the state of Sarawak in Malaysia.
GIs may be protected under various means - the law of unfair competition, consumer protection laws, certification marks, or specific laws on GIs or appellations of origin. Like the owners of trademarks, users of GIs must ensure that the mark does not become generic over time and result in being used as a description of a product, instead of an indication of origin. An example is “Dijon Mustard” which used to indicate the origin of the product, i.e. from the town of Dijon in France, but is today understood to mean a type of mustard regardless of its place of manufacture.
There are ways to reduce the risk of a GI becoming generic and descriptive. One of the most common methods employed by companies is through vigilant enforcement of GIs. Other steps include marketing efforts that seek to educate consumers regarding the mark and its proper use. For example, advertising campaigns may refer to the product in a descriptive manner and introduce the GI as a brand in order to avoid confusion of use.
