Abstract

Geographical Indications (GIs) are names of regions, specific places or, in exceptional cases, countries, used to describe an agricultural product or a foodstuff (EC 510/2006, Art. 2). They have received much attention in recent years not only at the European level, where they stem from, but also at different international forums such as at the World Trade Organization (wto). Being a particular form of intellectual property, these certification schemes have the potential to be applied also to non-agrifood commodities or even services. Furthermore, due to the grave menace of biodiversity loss caused by globalization, GIs could serve as a tool to promote biodiversity if linked to plant varieties or animal species in danger of disappearance. It seems that at European level these issues are gathering momentum. For this reason, the purpose of this paper is to support new interpretations regarding GI legislation. In the remainder of this paper, the authors will present a short description of GIs as they have been discussed at different international forums. Also, the innovative implementation of GIs in Ecuador will be illustrated by means of two examples: the Sombrero of Montecristi and the cacao Nacional Arriba. Based on these examples we trace possible scenarios of GI implementation in a particular type of service economy such as food tourism. In the final part, some conclusions will be presented.

Highlights

  • The World Intellectual Property Organisation defines Geographical Indications (GIs) as “a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin”

  • The article is structured into two main sections: while in the first part we illustrate the recent tendencies of the GI debate by means of the examples mentioned afore, in the second part we explore the possibility to extend GI-protection to tourism services and we focus our analysis on the route of cacao Nacional “Arriba”

  • Historical documents dating back to the Spanish colonization legitimize human factors whilst the biological sources refer to the location

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Summary

Introduction

The World Intellectual Property Organisation (wipo) defines Geographical Indications (GIs) as “a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin” (www. wipo.int/geo_indications/en/). The GI is known as the “Appellation of Origin” and in order to be used, it must be shown that the product has exceptional qualities over other similar products, and that these qualities or attributes are due to human and/or natural factors associated exclusively to the geographical area where this good is produced. Because natural factors such as climate, soil and altitude are so important in the constitution of a GI right it is mostly agricultural and livestock products that have benefitted from this protection. The article is structured into two main sections: while in the first part we illustrate the recent tendencies of the GI debate by means of the examples mentioned afore, in the second part we explore the possibility to extend GI-protection to tourism services and we focus our analysis on the route of cacao Nacional “Arriba”

Recent tendencies in the GI debate
Conclusion
The certification of cacao Nacional “Arriba”
Extension of GI-protection to services?
The case of the tourism route of the GI cacao Nacional Arriba
Findings
Summary
Full Text
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