Geographical Indications System Research Articles

Climate resilience of European wine regions

Over centuries, European vintners have developed a profound knowledge about grapes, environment, and techniques that yield the most distinguishable wines. In many regions, this knowledge is reflected in the system of wine geographical indications (GI), but climate change is challenging this historical union. Here, we present a climate change vulnerability assessment of 1085 wine GIs across Europe and propose climate-resilient development pathways using an ensemble of biophysical and socioeconomic indicators. Results indicate that wine regions in Southern Europe are among the most vulnerable, with high levels also found in Eastern Europe. Vulnerability is influenced by the rigidity of the GI system, which restricts grape variety diversity and thus contributes to an increased sensitivity to climate change. Contextual deficiencies, such as limited socioeconomic resources, may further contribute to increased vulnerability. Building a climate-resilient wine sector will require rethinking the GI system by allowing innovation to compensate for the negative effects of climate change.

Geographical indications and traditional products as the basis of enogastronomic tourism: significance for the development of rural communities (on the example of Italy)


 
 
 This article is dedicated to exploring geographical indications and traditional products as the foundation for the development of gastronomic tourism and their collective impact on the development of rural communities. Italy has been chosen as the research subject – one of the world’s most popular tourist destinations, a country with the highest number of registered geographical indications, and a well-established tradition of rural tourism. Analyzing Italy’s experience regarding the contribution of traditional products and geographical indications to the development of national tourism and the economy of rural communities and the state as a whole allows for assessing Ukraine’s development vectors in this field. Based on the analysis of bibliographic databases, the significant relevance of such research is evident. Despite some publicity, there are relatively few publications on this topic in Ukrainian scientific journals. In contrast, English-language publications cover geographical indications, gastronomic, and wine tourism much more extensively both thematically and territorially. The research relies on periodicals of relevant international organizations, public associations, etc. Analysis of the World Intellectual Property Organization’s annual reports revealed that over 90% of the world’s geographical indications in recent years fall into the categories of «wines and spirits» and «agricultural products and food». Regarding Italy, statistical data from the World Tourism Organization confirmed its stable position in global tourism (fifth place in tourist arrivals and receipts for the last decade or more) and a surplus growth in the tourism balance (19 billion USD in 2019), leading the UN WTO to characterize it as a «country of powerful growth». Recent publications from the World Tourism Organization noted significant recovery rates of international tourism in Italy in the post-pandemic period. According to Coldiretti, the national confederation of agricultural, fishing, agri-food, and environmental sectors in Italy, the projected contribution to the country’s economy in 2023 exceeds 30 billion euros from national and foreign tourists who increasingly choose to vacation in rural areas. This trend is attributed to Italy’s leadership in gastronomic and wine tourism, with over 5,000 traditional product names and 838 products and wines protected by geographical indications (as of 2023, according to the Ministry of Agriculture, Food, and Forestry of Italy), as well as the immense potential of agro- tourism. The article also highlights the significant role played by the representation of Italy’s unique agro-landscapes as cultural land- scapes of UNESCO World Heritage, FAO World Agricultural Heritage (GIAHS project), etc., in the development of rural communities. The analysis and overview of the current implementation of the system of geographical indications and guaranteed traditional features in Ukraine allowed for identifying certain strategic directions for applying Italian experience in Ukrainian territories.
 
 

Reflections on the Legal Protection System of Geographical Indications in China

Reflections on the Legal Protection System of Geographical Indications in China

Geographical Indication of Fruit Crops in India and Its Protection Abroad

This paper explores the importance of Geographical Indications (GIs) as important tools to protect traditional products and knowledge unique to specific geographical regions, emphasizing India's role in this global framework. Using both qualitative and quantitative research methodologies, we have analyzed the development, benefits, and challenges of the GI system in India, drawing from historical data, legal documentation, and recent GI registrations. Our findings highlight the critical impact of GIs on cultural preservation, rural development, legal frameworks, and marketing strategies. Furthermore, the study examines India's commitments under international agreements like TRIPS and the consequent domestic legislative actions. Highlighting recent GI registrations, particularly in the fruit sector, we have elucidated the various benefits of GIs to consumers, producers, and geographic regions alike. The paper is concluded by advocating for the strengthening and continuous evolution of the GI system to further harness its potential for cultural and economic enrichment

Regulation of the quality of agricultural and food products in the EU

The features of the European practice of normative regulation of the quality of agrifood products by the marketing standards are determined. EU geographical indications system as a tool for quality regulation are disclosed.

PERLINDUNGAN HUKUM INDIKASI GEOGRAFIS HAK KELOMPOK TEKSTIL ALOR IKAT BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Tenun Alor is one of the results of the crafts of the Alor community whose existence is recognised in the past, has different motifs and different patterns of the products of the other regions, has a particular philosophy in each motive, and is an icon of the region that is frequently used in various activities at the local, national and international level. Unfortunately, the products already known to the market have not been legally protected by intellectual property rights by the State. The aim of this research is to learn about the legal efforts undertaken by the Regional Government in order to promote wider legal protection against Geographical Indications of Alor Tea, as well as to describe the challenges facing to preserve Alor tea. This research is normative. The results of this study show that the Provincial Government has sought to protect Alor Fabrics in the Geographical Indication System because the results of the research show that legal protection is not ideal. One example is the lack of legal certainty about Geographical Indications of Alor fabrics. Furthermore, in order to raise public awareness of the importance of legal protection of Geographical Indications, proper and effective socialization is essential. Effective socialization campaigns should inform people about the importance of protecting Geographical Indications and ofining the quality and originality of products.

The Battle for Geographical Indication Protection of Basmati Rice: A View from Nepal

This article is a contribution to the debate on geographical indication (GI) protection for basmati rice, stressing its relevance to Nepal. After providing an overview of Nepal’s intellectual property regime, this article gives a detailed account of justifications for Nepal to oppose India’s European Union GI registration of basmati rice. The analysis, which highlights the connection between basmati rice and Nepalese society, focuses on the social and cultural values of basmati rice in local communities. The basmati rice controversy provides an opportunity for Nepal to brand its local product in order to penetrate both national and international markets. The GI system may be an auxiliary agent in achieving these goals.

Sui generis system: GI protection for the herbal product in Indonesia as communal property right

Geographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provisions that can be categorized as geographical indication applicants, namely institutions that represent communities in certain geographical areas that cultivate goods and/or products from natural resources, handicrafts, and industrial products. Provincial or district/city governments can also be applicants for Geographical Indications. Herbal products are one of the commodities that have the potential to be protected through the Geographical Indication system in Indonesia, not only because of the geographical conditions and tropical climate that enrich the natural resources of herbal products but also because traditional knowledge about herbal products has been used for generations since their ancestors. The Indonesian people already have knowledge of ethnomedicine which is used by various ethnic groups that are spread across tribes in various regions in Indonesia. This extraordinary potential is essentially an asset of the nation or state that must be protected and preserved for its existence and development so that it can be of positive benefit to the community. Especially with the COVID-19 pandemic, which cannot be determined with certainty, the diagnosis and treatment of it, and some recent findings on children suffering from acute kidney failure due to prolonged consumption of chemical drug products.

European Integration Processes in the EU GI System—A Long-Term Review of EU Regulation for GIs

Prosciutto di Parma, Bavarian beer and Roquefort—Geographical Indications (GIs) have been systematically protected at the EU level for 30 years and are now an important part of the farm2fork strategy. The article analyses how the integration of the EU GI system can be explained from an institution and discourse theoretical perspective and ties in with the soft spaces debate. In doing so, scalar shifts in competence from a German perspective and the role of discursive spatial relations are examined in more detail. The empirical results are based on a mix of methods that includes the evaluation of secondary statistical data, document analyses, participant observation and expert interviews. The study shows that the European Commission (EC) is increasingly acting as a spokesperson for GIs, but that regional actors are also playing a more important role in implementation and enforcement. This development is fed by the influence of the agricultural policy instrument in terms of competition, but also consumer protection and trade policy. Overall, there are three development layers: protect and systematise, legitimise and expand and open and defend. A more independent development of the EU GI system as an instrument of quality policy and for the development of rural areas could give greater weight to the sustainability-relevant, environmental policy aspects currently demanded by society.

Approach to formation of enogastronomic tourism based on the geographical indication system


 
 
 Changes in the tourism sector are the reasons for the development and implementation of adequate approaches to formation of unique enogastronomic tourist routes, related to the use of geographical indication system as a means of individualizing subjects of tourism. Currently, there are counterfeit tourism products labeled with well-known names of geographical regional objects. The significance of the geographical indications in enogastronomic tourism becomes increasingly apparent in terms of intense competition between the regions in the country and on the international tourism market. The objective of the research was to develop theoretical and methodological foundations, scientific and practical recommendations for creating a formation approach to enogastronomic tourist routes based on the geographical indication system. In the research, we used the comprehensive method- ological approach, based on the application of the following research methods: generalization and systematization (to determine the essentials of geographical indications); calculation and analytical (to analyze the conditions of geographical indications registration); process approach (for development of new enogastronomic tourist routes); program-targeted approach (for the algorithm of formation of enogastronomic tourist routes); tabular methods (for presentation of the material). We analyzed the definition of «ethnographic tourism», identified the key problems of registration of geographical indications in Ukraine, proposing a formation approach to enogas- tronomic tourist routes based on the system of geographical indications. In our study, we considered using the European experience in the effective implementation of geographical indications in the Ukrainian regions. The formation approach to enogastronomic tourist routes based on the geographical indications system is proposed, which allows combining national history and culture, traditions of preparing local dishes and drinks, presenting them as a complex tourist product of a certain region.
 
 

Research on the improvement of rural resorts in Ukraine

The development of resort services is an integral part of the complex socio-economic development of the rural territories in Ukraine. The country has huge potential for developing different kinds of resorts. To attract consumers of tourist services to rural holiday homes and estates and to improve the quality of rural green tourism (rural hospitality) services in the post-COVID period, taking into account sanitary and hygienic requirements is desirable, by using the recommendations of the “Safe travel” protocol and from EU project “Supporting the development of the system of geographical indications in Ukraine” results. The creation of a legislative framework and strengthening administrative capacity, marketing activities for the rebranding of “sensitive” products, registration of Ukrainian products under Geographical Indication (GI) sign and promotion of their availability on the market, planning projects for the development of rural areas to attract tourism to the regions can benefit in the development of tourist infrastructure in rural areas.

Strengthening the EU System of Geographical Indications: Impact on Farmers and Food Producers around the World

On 31 March 2022, the European Commission (EC) published the ‘Proposal for a regulation of the European Parliament and of the Council on European Union geographical indications (GIs) for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) Nos. 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012’. The basis of the Proposal was the evaluation of the policy and the impact assessment process of the Union GI system, which have shown room for improvement, with a view to strengthening the system. The Proposal contributes to the objectives of the Common Agricultural Policy (CAP). It will improve the economic, social, and environmental outcomes of GI products, give EU producers more powers and responsibilities, reduce new forms of infringements (internet), improve the effectiveness of enforcement and checks that guarantee the authenticity of the products, address legislative gaps, and make the registration procedures more efficient. GIs are also mentioned in relation to improved rules for strengthening the position of EU farmers and producer groups in the value chain. The Farm to Fork Action Plan announces other initiatives that affect GI products, particularly, a proposal for a legislative framework for sustainable food systems, to be tabled in 2023.

Terroir and Trade War: Reforming China’s Legislation on Generic Terms Under the nfluence of the EU and US

Geographical indications (GIs), valuable intellectual property assets for their respective countries and regions, are in danger of being considered as generic names for types of products and falling into public domain. Driven by trade interests, both the EU and US are competing in China to promote their conflicting approaches to the determination of generic status and the preventive measures against genericide. This article demonstrates that the EU-US competition results in a hybrid of both approaches, which cannot help overcome the difficulty of assessing generic status under China’s current GI system and may lead to a loss of legislative coherence. Furthermore, the hybrid compromises the intended goals of the bilateral agreements between China and the EU/US. Since the ‘bilateral treaty model’ fails to satisfy the need of each contractual party, we propose that national GI laws must be designed on the basis of the distinguishing function of GIs. Generic terms, Geographical indications, Terroir, Trade competition, Bilateral agreements, Consumer perception, Harmonized approach, Distinguishing function

Protection of Communal Intellectual Property Rights Through Geographical Indication System

This study aims to protect the original product/goods related to geographical conditions due to natural and/or human factors to be registered for protection through a Geographical Indication system that can be owned by the community communally. The research method used is normative juridical using secondary data. The law can be one of the tools to protect the regime of Geographical Indications by way of registration as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Article 53 reads: "Geographical Indications are protected after Geographical Indications are registered by the Minister". The main function of law is to protect the interests that exist in society. According to Roscou Pound, there are three interests that must be protected by law, namely: public interest, individual interest and interest of personality. Although most intellectual property rights protect individual property rights and individual interests, geographical indications are one that can be categorized as communal property rights.

On the Study of the Sustainable Development of Intangible Cultural Heritage of Indigenous Peoples’ Diets—Take the Protection of Geographical Indications as an Example

From the perspective of geographical indications, this article introduces the methods used by the geographical indication system to protect indigenous peoples’ diets as an intangible part of their cultural heritage. By collecting and analyzing the data of the five major intellectual property offices of the world, we can understand the protection status of the intangible cultural heritage of indigenous peoples’ diets. Difficulties and controversies in the protection of food-related intangible cultural heritage geographical indications; the solution method is based on an in-depth understanding of development strategies, and four suggestions are provided; finally, the self-check sheet for the protection of indigenous peoples’ dietary intangible cultural heritage geographical indications is supplemented. Combining the questionnaire surveys and field visits, the conclusions are: The protection of indigenous peoples’ food culture is not a deliberate attempt at preserving traditions, but instead the market demand that is most directly oriented to the times and food; while protecting indigenous peoples’ food culture through geographical indications, revitalizing the inheritance and development of community food culture; giving more rights to the indigenous peoples, and providing a good legal protection environment for the inheritance, dissemination and innovation of intangible cultural food heritage; give full play to the potential of geographical indications and their associated benefits.

Can Geographical Indications Support the Indian Village Economy Impacted by the Ongoing Economic Crisis Caused by COVID-19?

The post-COVID-19 economic crisis has resulted in widespread unemployment and the migration of workers in India, particularly in the informal sector, which accounts for more than 90 percent of total employment in the country. Migrant workers are returning to their homes and will soon be looking for alternative sources of income. Entrepreneurship centered on locally made traditional products can provide revenue to migrant workers in such conditions. These returning underprivileged workers can use their traditional knowledge and skills to support their families and create new employment opportunities in their communities. Laws relating to geographical indications will aid in the protection and promotion of such traditional product lines in domestic consumer markets. The protection and promotion of such traditional product lines in domestic consumer markets will be aided by laws relating to geographical indications. The same can be further complemented by the new Geneva Act of the Lisbon Agreement, which went into effect in February 2020 and allows for the registration system of Geographical Indications in multiple countries through a single procedure with the World Intellectual Property Organization. As a result, it is proposed that the government should promote geographical indications as a policy instrument to help the rural economy during these ongoing difficult times.

Sui Generis Geographical Indications Fostering Localized Sustainable Fashion: A Cross-Industry Assessment

As interest in sustainable fashion and localism mounts, there is a compelling need to foster purchasers’ trust in claims made by fashion businesses. Geographical indications (GIs) have proven successful not only in reducing consumers’ search costs through reliable labels but also in safeguarding identity and heritage and delivering added value for agricultural products. Building on the EU Commission proposed Regulation to protect craft and industrial products that rely on the originality and authenticity of traditional practices from their regions and drawing on the “fiber follows food” adage, this paper puts forward policy recommendations related to the proposed expansion of GIs to the fashion industry. Through cross-sector and transdisciplinary explorative research, this article provides evidence on how the origin link could be framed to accommodate apparel and footwear items within the scope of protection of the EU sui generis GIs system despite their “non-terroir” character. Key drivers and barriers to harnessing GIs’ potential and enhancing the sustainability of localized fashion production are further explored based on the theoretical insights and comparative practical experience extrapolated from qualitative interviews with GI-protected winemakers in Apulia. Ultimately, the paper increases the understanding of the economic, ecological, social, and governance implications, which need to be addressed to improve the sustainability impact of sui generis GI systems before expanding them to the apparel and footwear domain.

Geographical indication as a factor ensuring the competitiveness of Ukrainian wines

The article examines the importance of using geographical indications in the food industry of Ukraine, namely in winemaking. In Ukraine, a certain legal framework for the legal protection of intellectual property has been created, but the development of a market economy requires further improvement of national legislation to solve problems arising during the use of intellectual property objects from both the legal and economic side. The system of geographical indications is a principle that allows you to protect the quality of a product while simultaneously promoting this product on the domestic and foreign markets. The possibility of using the mechanism of protected geographical indications in the domestic wine industry, which exists in countries that consider it effective for the protection of national products and producers, is considered. Given the modern requirements for services in food and wine tourism, the mechanism of geographical indications is considered as a potential for innovative development of winemaking in the regions of Ukraine.

Chemical and sensory characterization of Kalecik Karası wines produced from two different regions in Turkey using chemometrics

Kalecik Karası (KK) is one of the important native grape varieties of Turkey used in red wine production. As an extension of a previous project that profiled the sensory characteristics of KK wines from different geographic regions of Turkey, this study aimed to investigate the chemical composition and sensory properties of KK wines belonging to different vintages from two different regions (Kalecik/Ankara and Güney/Denizli) using the chemometric technique. Identification and quantification of aroma, aroma-active compounds, and sensory evaluations were carried out by GC/MS/FID, GC-O, and Descriptive Analyses. PLSR was used for determining the correlation between chemical and sensory data. A total of 26 aroma-active compounds have been identified for both regions. Based on PLSR, red fruit attribute in wines was positively correlated with isoamylacetate, ethyl-hexadecanoate, ethyl-4-hydroxybutanoate, and 2-phenylethyl acetate. Dried fruit attribute has shown a significant positive correlation with ethyl-2-methyl-propanoate, ethyl-2-methylbutanoate, and ethyl-3-methylbutanoate. The cotton candy attribute was positively correlated with 2-phenylethanol, 2-phenylethyl acetate, ethyl-4-hydroxybutanoate, and gamma-butyrolactone. Novelty impact statement This is the first study in the literature to determine the correlation between chemical and sensory data in Kalecik Karası wines. The study determined that common aroma descriptors of KK wines include red fruit (strawberry, raspberry, and apple), dried fruit, cotton candy, flower, and spice (sweet spices and nutmeg) odors. The characterization of the wines using chemometrics is an important tool. The findings obtained may constitute a source for quality Kalecik Karası wines in transition to the Geographical Indication system.

Geographical Indications: Eastern Partnership Countries case

In the Eastern Partnership (EaP) countries, the subject of geographical indications is particularly important. Although the approach to the subject of GIs in the EaP countries is uneven and differs from country to country, the attention that each of these states pays at the national level to the field of geographical indications cannot be neglect. In countries such as Georgia and Moldova, the development of the GI system is one of the national strategic objectives. This interest is largely due to those economic benefits offered by the implementation of the geographical indications system, especially in countries where the share of the agri-food sector in GDP is significant. Despite the fact that challenges regarding the implementation of the association agreement in the part concerning geographical indications in the EaP countries are quite similar, there are no complex studies regarding the implementation of the geographical indications systems in the Eastern Partnership Countries. The main purpose of this paper is to fulfill the existing gap and to analyze the current situation in the field of GI highlighting best practices but also the vulnerabilities of the GI system in the EaP countries.