Geographical Indications Research Articles

NIPA: Historical Background, Status, and Prospects for Legislative Regulation

The purpose of this study is to analyze Ukrainian laws concerning intellectual property, with a focus on the legal regulation of the activities of the National Intellectual Property Authority. Additionally, the study aims to develop recommendations for their improvement and systematization to avoid duplication of legal norms in this area.To implement institutional reform within the intellectual property sector, the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine Regarding the Establishment of a National Intellectual Property Authority» was adopted on June 16, 2020. This law introduced significant amendments to various Ukrainian laws. The changes affected the protection of rights to industrial designs, trademarks for goods and services, and layout designs of integrated circuits. Amendments also addressed the legal protection of geographical indications, inventions, and utility models. Additionally, the law revised regulations governing copyright and related rights, administrative services, and the effective management of property rights in these areas.An analysis of these amendments reveals that the legal provisions pertaining to the National Intellectual Property Authority (NIPA) are redundantly repeated across several specialized laws within the intellectual property domain.The article substantiates the inconsistency of the provisions of legislative acts in the part of regulating the activity of IP with the subjects of regulation of such laws, defined in their preambles.The author proposes many solutions to address the issue of duplicated legal norms overseeing the NIPA's operations: Codification of Ukrainian Intellectual Property Legislation (this could take the form of an Intellectual Property Code, an Industrial Property Code, or a Law on the Protection of Industrial Property); Passage of a Law National System of Legal Protection for Intellectual Property; Passage of a Law Specific to the National Intellectual Property Authority.In the author's view, the optimal approach to remedy the duplications evident in legislative provisions related to the NIPA — would involve removing these provisions from specialized laws and consolidating them into a singular regulatory act. This act should be formalized in the regulations governing the NIPA, as approved by a resolution of the Cabinet of Ministers of Ukraine.

The distribution of geographical indications across Europe. Reflecting spatial patterns and the role of policy

ABSTRACT Within the EU agricultural policy, geographical indications (GIs) are assigned the role of adding value to local food productions. The use of GIs has traditionally been heterogeneous across EU regions, and stimulating their uptake in non-traditional GI regions was presented as one of the motivations for the new 2024 GI Regulation. This paper investigates the issue of inequality in the spatial GI distribution. Specifically, the objectives of the work are: (i) to examine the spatial patterns of GI registration, exploiting specific techniques of inequality analysis; (ii) to investigate the existence of convergence processes across EU regions in terms of registered GIs; and (iii) to estimate the impact of the last GI Regulation in fostering convergence processes. The first part of the analysis relies on the application of several Gini index decompositions, highlighting the large role played by Protected Designations of Origin and by cross-national factors in driving GI inequalities up. Convergence is observed to be in place, but the very low rate at which it is occurring calls for a more robust policy intervention. In this respect, the impact analysis, performed using an interrupted time series regression approach, highlights no significant effect of the last GI reform in stimulating convergence.

From Bean to Benefit: How Indonesian Intellectual Property (IP) Law Protects the Coffee Farmers in Indonesia?

This study addresses the urgent question: How can legal protections for Geographical Indications (GIs) as a form of Intellectual Property (IP) enhance the welfare of coffee farmers in Temanggung, Indonesia? Coffee is a vital agricultural product in this region, yet farmers face challenges in maximizing its economic potential. The research positions itself within the framework of empirical legal studies, analyzing the interplay between legal protections and agricultural sustainability. The paper discusses the issue by first examining the current state of GI protection in Temanggung, identifying both obstacles faced by farmers and the government. Through qualitative analysis, the study evaluates effective strategies for implementing GI protections and their implications for farmer welfare. The main findings indicate that while there are significant challenges in enforcing GI protections, targeted strategies—such as regular training and outreach for farmers, improved marketing initiatives, and the establishment of local regulations—can substantially enhance their livelihoods. Moreover, the research highlights the importance of increasing awareness and knowledge among farmers to leverage GI protections effectively. Overall, this study contributes to the understanding of agricultural law's role in rural development, providing actionable insights for policymakers and stakeholders aiming to support Indonesia’s coffee farmers.

Geographic Indications, Sustainability and Sustainable Development: A Bibliometric Analysis

Geographic Indications, Sustainability and Sustainable Development: A Bibliometric Analysis

Education on Brand Rights Protection as a Marketing Strategy for PT Products. Cisarua Mountain Dairy (Cimory)

PT. Cisarua Mountain Dairy (Cimory), a producer of premium food and dairy products in Indonesia, was established in 2005. This article emphasizes the importance of brand protection education as a marketing strategy for Cimory. This protection is regulated by Law No. 20 of 2016 concerning Trademarks and Geographical Indications, which covers registration, exclusive rights, and law enforcement. Trademark registration provides exclusive rights and prevents unauthorized use. The research method involved a direct visit to Cimory Dairy Land On The Valley in Semarang, where the author gathered information about brand identification, production processes, and trademark protection. The research results indicate that brand protection education is crucial for maintaining brand reputation and integrity, as well as reducing the risk of infringement. Companies like Cimory can be more effective in protecting their intellectual assets, preventing unauthorized use, and maintaining consumer trust. Steps such as trademark registration and internal education are key to marketing strategies aimed at strengthening brand positioning in the market and preventing potential infringements that could harm the company.

Identification of lactic acid bacteria isolated from the Protected Geographical Indication Edirne white cheese using MALDI-TOF MS: Impact of ripening time and type of milk on microbial diversity

Identification of lactic acid bacteria isolated from the Protected Geographical Indication Edirne white cheese using MALDI-TOF MS: Impact of ripening time and type of milk on microbial diversity

Three Decades of WTO: Lessons and Challenges for the Republic of Moldova in the Field of Intellectual Property

The study examines the impact of the Republic of Moldova’s accession to the World Trade Organization in 2001, in the context of international economic integration, underlining the importance of the Republic of Moldova’s implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights, aimed at harmonizing and strengthening the protection of intellectual property as an essential part of the commitments undertaken. The analysis also explores the infl uence of the objectives of European integration on fundamnental issues such as the regime of exhaustion of intellectual property rights, the protection of geographical indications, patents and undisclosed information, emphasizing the profound economic and social implications generated by these legislative adjustments.

The Information Value of Geographical Indications

We conduct laboratory experiments in Spain (N = 148) and France (N = 143) simulating a wine shopping experience in which participants choose between four wines in a limited information environment, and access to Geographical Indication (GI) information, winery names, and expert review scores are “purchased” in multiple price listing elicitation sessions. Data analysis leverages the sequential nature of the rounds, experimental treatments, and a wine knowledge questionnaire to investigate the hierarchical structure and level of redundancy between alternative information sources, the role played by wine prices, and previously acquired expertise. We estimate that the average value of accessing GI information in a pre-purchase scenario lies between EUR 0.33 (Spain) and EUR 0.37 (France) for each purchasing occasion, and expert reviews provide a similar level of information. These findings are consistent across different price segments (high: €13-€17 vs. low: €4-€7). Firm names have lower average valuation but are more useful to high-knowledge consumers. GIs, firm names, and expert reviews are found to be imperfect substitutes, suggesting that GIs capture elements of both horizontal and vertical differentiation. The discussion is structured along three main thematic areas of contribution: the role of GIs as signals of quality, the extant literature studying how consumers interpret quality signals, and the contrast between our findings and the modeling assumption adopted in the GI theoretical literature.

ANALYSIS OF THE REGISTRATION OF A LEGAL ENTITY NAME SUBSTANTIALLY SIMILAR TO THE REGISTERED TRADEMARK "CHANTIQUE"

Over time, trademarks have come to play a significant role in businesses established by entrepreneurs. A trademark is defined as a graphical representation that can take the form of a logo, number, or letter. The presence of a trademark in a business provides a guarantee of quality and adds unique value that attracts consumers. However, it is not uncommon for other business actors to imitate trademarks in order to reap substantial benefits. Such actions are deemed unlawful as they harm other entrepreneurs striving to develop their businesses, thereby necessitating legal protection for the affected business actors. The type of research used is normative juridical research. Normative juridical research utilizes secondary data sources as well as legal book. The normative juridical research method is a legal research approach based on legal literature, legal books, and secondary data. Legal protection for trademarks is outlined in Law Number 20 of 2016 on Trademarks and Geographical Indications. According to this regulation, the process of registering a trademark must meet several requirements: it must possess distinctiveness, comply with statutory regulations, be publicly owned, and bear no direct relation to the goods or services being registered. These requirements must be fulfilled by entrepreneurs who wish to register their trademarks. Moreover, Indonesia adheres to a constitutive trademark registration system, where the individual with full rights to a trademark is the one who first registers it commonly referred to as the "first to file" principle. The purpose of this study is to examine the regulations and legal protections for legal entities that bear similarities to a registered trademark.

Analysis of Similarities in Principle and Resolution Between MS Glow and PS Glow Brand Disputes

This research discusses similarities in essence as regulated in Article 6 paragraph (1) letter b of Law No. 15 of 2001 concerning Trademarks in its explanation regarding the rejection of applications that have similarities in overall terms and conditions of similar goods and services but are detrimental to well-known brands. In this legal research, normative and secondary research is used, including primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by the literature and then analysis techniques are used. The results showed that it is already familiar to the public and the resolution of disputes experienced by the MS GLOW and PSGlow brands is reviewed from Law No. 20 of 2016 concerning Marks and Geographical Indications.

TECHNOLOGICAL PROSPECTION OF THE USAGE OF BARU FRUIT (DIPTERYX ALATA VOG.) TO IMPROVE THE LIVING CONDITIONS OF QUILOMBOLAS, EXTRACTIVIST COMMUNITIES IN BRAZIL

Barueiro (Dipteryx alata Vog.) is an arboreal plant species native to Brazil's fertile Cerrado region. holds great promise for cultivation and technological development due to its versatile uses and the complete reuse of its parts. Given its local significance, increased research support is essential, as the species has the potential to generate high-value products and offer a sustainable income source for its producers. This study is a prospective analysis of articles and patents on barueiro (baru fruit), highlighting that most technologies have low technological readiness levels (TRL 3-4) and remain at the bench stage, with most patents filed by universities. Collaboration between extractive communities and academia is crucial for knowledge transfer, cooperative creation, and project development for processing centers, training, and decentralized energy generation, thereby supporting SDGs and circular economy principles by adding value and improving community well-being. Once these cooperatives and processes are established, applying for geographical indication could further enhance the value of baru-based products.

An analysis of geographical indications in terms of international, bilateral and regional agreements

Abstract A geographical indication (GI) serves as a quality label that identifies and assures a product’s origin for consumers, highlighting its unique features and the link between these characteristics and its geographical source. Registering a GI provides protection for products that have earned a reputation based on their quality, tradition, regionally sourced raw materials, and local attributes. GIs play a dual role: they not only help transmit local culture to future generations and promote economic development within a country, but they also encompass products with substantial profit potential in international trade. Items such as cheeses, processed animal products, and naturally grown goods (e.g., hazelnuts, grapes, figs) are commonly traded internationally under GI protections. This study aims to analyze international, bilateral, and regional agreements related to GIs, specifically those covering appellations of origin. The analysis includes the 1883 Paris Convention, the 1891 Madrid Convention, the 1958 Lisbon Agreement, and more recent agreements on trade-related intellectual property rights under the World Trade Organization (WTO), as well as bilateral and regional agreements on GIs among countries. Although these agreements address international disputes and trade matters concerning GI products, findings indicate that they can also lead to various challenges between countries regarding the protection and trade of these products. Keywords: Agricultural Trade, Geographical Indication, TRIPS, International Trade Agreements, WTO, Intellectual Property JEL Classification: F13, F15, O34, Q17

Geographical indication in Indonesia: A review on the spatial distribution and classification of geographical indication‐registered products and ‐related publications

AbstractThe status and trends of geographical indication (GI) registration in Indonesia is presented and analyzed. Indonesia amended the GI‐related legal systems in 2019, and despite its increase in registration and policy developments, the extent of coverage and classification of GI‐registered products remain unclear. Thus, we analyze the current status and trends of GI registration by mapping the spatial distribution and classification of GI products. We supplemented our analysis by capturing and reviewing GI‐related publications in Indonesia. Results showed that GI‐registered products are concentrated in Java and Sumatra regions, with agricultural products as leading commodities. The spatial distribution further exhibits that cultural and traditional values play an important role in shaping GI products. Meanwhile, for GI publications, we documented that scientific literatures produced by domestic scholars are more abundant than international publications. Although this is a positive assertion, reviewed publications are mostly focused on the legal aspects. Other aspects such as GI promotion, development, and benefits are lacking. The policy and practical implications of such findings highlighted the critical role of provinces and domestic scholars in promoting GIs of Indonesia to the global arena.

Implementation of the EU's geographical indications in CETA and JEFTA: EU‐Phoria or GI‐mmick?

AbstractOver the last two decades, the EU's foreign trade strategy shifted diametrically from the multilateral World Trade Organization to the bilateral free trade agreements (FTA) route. Accompanying this shift, the EU's regulatory ambitions became more apparent, as can be gleaned from its strategy documents. The main question is whether the EU is succeeding in effectively exporting or promoting its regulations. In this paper, we combine the two disciplines of law and international relations to gauge the EU's success in achieving its external regulatory goals through FTAs. The EU is described in the political science literature as a regulatory power which is trying to promote or export its regulations outside its own jurisdiction. Using two case studies of the recent EU FTAs with Canada and Japan, we conduct a rigorous legal analysis of these FTA texts as well as their implementation in the local jurisdiction by focusing on the area of Geographical Indications (GI). These regulations are compared with the EU's goals mentioned in its strategy documents and from interviews with EU representatives involved in the FTA negotiations. Our results show that the EU has been moderately successful in both FTAs in achieving its general goals such as equal protection for foodstuffs and alcoholic drinks, ex officio protection, and the clawback of some generic names. Overall, the EU was most successful in getting Japan to embrace an EU‐inspired sui generis GI system, whereas Canada showed less leniency and favoured its trademark system.

Consumer responses and determinants in geographical indications agricultural product consumption: A ten-year systematic review

Consumer responses and determinants in geographical indications agricultural product consumption: A ten-year systematic review

Intellectual property law reform: Comparative insights and valuable lessons from the experiences of Vietnam, Malaysia, and Mexico within the CPTPP framework

The Intellectual Property (IP) chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is recognized for its extensive coverage, encompassing a broad range of innovation areas such as patents, trademarks, geographical indications, and copyright. This chapter sets a new global benchmark for IP protection, posing significant challenges to the existing legal frameworks of member countries and necessitating rapid adaptation, particularly for developing members like Vietnam, Malaysia, and Mexico. These nations have undertaken comprehensive revisions to their IP laws to align with the international standards established by the CPTPP. Despite their unique national contexts, the legal amendments reflect distinct strategies and methodologies in meeting international standards. This paper conducts a qualitative analysis of Vietnam, Malaysia, and Mexico, comparing their law amendment strategies, contents, and techniques across three dimensions. It highlights the distinctive characteristics and impacts of their legal revisions, offering valuable insights for other prospective developing members within the CPTPP framework on the practice of IP law reform.

Influence of orchards fertilization management and post-harvest storage time on Malus domestica cv. ‘Gala’ fruit volatiles and quality parameters

“Maçã de Alcobaça” is a type of apple from the West coast of Portugal with Protected Geographical Indication (PGI). This study evaluated the influence of the orchard’s fertilization and post-harvest storage time on the quality of “Maçã de Alcobaça”, ‘Gala’ cultivar. Five orchards were studied for four years, using three fertilization treatments [Standard, twice Standard (2xStandard) and twice Standard including organic matter (2xStandard_OM)]. The fruits’ volatile profile, emanation index, and quality parameters were determined in apples after harvest time (T0), three- (T3) and five months (T5) after storage. At T0, the intact apples volatiles were dominated by trans,trans-α-farnesene (48–79 %). trans,trans-α-Farnesene emanation index was larger in T0 apples independently of the orchard and fertilization treatment, and showed an accentuated decrease from T0 to T5. Fruits quality at T0 and T5, showed significant differences per orchard, but their average weight, TSS, and firmness, were not significantly altered with fertilization treatment. Storage did not significantly affect the fruits weight, but TSS and firmness always decreased regardless of the orchard or fertilization treatment. Among other things, the observed variations among orchards after fertilization treatments may relate to the cultural practices of each orchard as well as the fact that their ages and rootstocks varied.

Protection of Geographical Indication of Cashew Nut Products in Wonogiri

Protection of Geographical Indication of Cashew Nut Products in Wonogiri

The Basmati rice war between India and Pakistan

The current study highlights the challenges for GI protection of trans-border products, in Basmati rice. Various international treaties, e.g., Lisbon Agreement, Paris convention, and TRIPS Agreement describe partly the protection of geographical indications (GIs) or appellations of origin. Both India and Pakistan are TRIPS member countries and claim Basmati rice as their GI and have tagged Basmati as GI in their respective territories. Europe is an expanding market for Basmati, and EU is implementing import regulations on food products based on GI reputation for high quality products. India has sought GI protection of Basmati rice in EU followed by staunch opposition by Pakistan. Current study will briefly highlight the recent developments of this GI dispute on Basmati rice between India and Pakistan in EU,New Zealand and Australia.

Postrzeganie wybranych aspektów związanych z członkostwem w Unii Europejskiej w zakresie funkcjonowania przedsiębiorczości w państwach karpackich (Republice Czeskiej, Słowacji, Polsce i Ukrainie)

Geographical indications have been protected internationally since 1883 and have been protected by the European Community since the 1970s. Currently, there are about 3,500 names of agricultural products and foodstuffs in the EU register of geographical indications. The purpose of this article is to verify how selected aspects related to EU membership, i.e., EU policy on the quality of agricultural products and foodstuffs are perceived in terms of the functioning of entrepreneurship in the Carpathian countries: Czech Republic, Slovakia, Poland, and Ukraine. The results of focus group interviews conducted in 2021 as part of a study commissioned by the New Direction Foundation on Carpathian products, their producers and surrounding institutions were used to achieve this goal. The scale of use of EU solutions analyzed indicates that 20 years of experience is only the beginning of the road for Central European countries in terms of product protection. The lack of a GI protection system means the demise of local and regional producers.