Geographical Indications Research Articles

Akibat Hukum Terhadap Pendaftaran Merek Produk Barang Yang Memiliki Persamaan Pada Pokoknya

Introduction: Trademarks or names are marks used by companies or businesses on the products they trade because Trademarks are used as identifiers. As stipulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications in Article 1 paragraph (1). Trademarks also cannot be registered when they have elements of similarity in the trademark as stipulated in Article 20-21 of the Trademark and Geographical Indications Law. However, this is contrary to the incident in the chocolate product brands Chacha Delfi and Chacha Lokal, where Chacha Delfi tried to apply for registration at the Directorate General of IPR and KEMENKUMHAM but was rejected because the Chacha Delfi brand has an element of similarity in its principal to the Cha-Cha Lokal product brand, because we know that the Cha-Cha Lokal brand from PT. Mayora who registered the brand first.Purposes of the Research: To know and explain about the procedure of product registration Trademark Chacha Delfi and Cha-Cha Local, which has similarities in essence and know and, analyze the legal consequences of registration of trademarks that have similarities in essen.Methods of the Research: The legal research method used for this research is based on primary, secondary, and tertiary legal materials, and uses a statute approach and conceptual approach and case approach.Results of the Research: The results showed that the Chacha Delfi trademark registration procedure was rejected by the Directorate General of IPR and KEMENKUMHAM, because the trademark did not meet the registration procedures where the trademark has similarities to the pre-existing trademark, namely the local Cha-Cha trademark that has done the trademark registration first. because based on the Trademark Law and PERMENKUMHAM who register first then the trademark will be recognized ownership of the trademark. So that the legal consequences obtained by Chacha Delfi brand is rejected and dismissed to trade products Chacha Delfi brand and subject to sanctions under the Trademark Act and PERMENKUMHAM. Therefore, it is expected that the Directorate General of IPR and KEMENKUMHAM, in order to publish the trademarks that have been registered, so that businesses and other companies can see, so that there is no more Trademark Equation and does not lead to a Trademark Equation dispute.

“Can you ban the bees from the honey?”: exploring an integrated labour law and geographical indications approach for protecting the rights of forest-dwelling communities over non-timber forest produce

ABSTRACT In this article, we study the fragmented approach of two Indian statutes, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (“FRA 2006”) and the Geographical Indications of Goods (Registration and Protection) Act 1999 (“GIA 1999”). The article critically examines the labour law approach under the FRA 2006 and intellectual property ownership under the GIA 1999 with a specific focus on the production and commercialization of non-timber forest produce. The analysis leads to an argument for an integrated approach that starts with recognizing the agency of the communities, followed by guaranteeing protections under the labour rights approach and integrated protection through GIs. The integrated approach would facilitate cooperative experiments that go beyond strict private and public law distinctions. This can offer sustainable livelihood opportunities for forest-dwelling communities.

Price Premiums for Single‐Name and Compound‐Name Geographical Indications in Swiss Cheese Trade

ABSTRACTGeographical indications (GIs) have become increasingly important in agri‐food markets, especially in Europe. For Swiss cheese imports and exports, we analyze whether GIs are associated with higher trade prices. We find that price premiums can be obtained for both exports and imports. However, this is only the case for cheeses with single name GIs where the whole name is protected (e.g., Gruyère, Roquefort). There is no price premium for cheeses with compound names, consisting of a generic part and a geographical part (e.g., Gouda Holland, Raclette du Valais). As the generic part of the name (here Gouda, Raclette) can be used by competitors from other regions, such GI products may have difficulties in differentiating themselves. We conclude that higher prices in international cheese trade are not a matter of having a GI label or not. Rather, having a compound name seems to offset the benefit of the GI protection.

How European consumers value wine credence attributes: a cross-country comparison of France, Greece and Italy

Several attributes can be used to differentiate wine products to meet consumer interest and thus increase producer visibility, attractiveness and revenues. The perception towards the same attribute may depend on various factors that characterise the subjects, such as individual, behavioural and situational characteristics, like their country of origin. This study aims to identify which credence attributes and related levels motivate consumers the most to buying wine, by comparing the results obtained in three different European countries: France, Greece and Italy. A conjoint experiment based on linear assumption was administered using price, production method, geographical indication and wine origin as product attributes. The conjoint data were analysed in three steps: performing a model with the whole sample; performing three models using national data to compare results between the countries; performing a cluster analysis using the Ward method to associate consumer characteristics with product attributes. Results show that origin is the most valued attribute for choosing wine, followed by the production method. Cross-country evaluation reveals several significant differences among the attributes of the production method, geographical indication and origin. The cluster analysis identified three groups named: High price and national wine seekers; Certification seekers and Price-sensitive seekers. This paper provides several implications for both academicians and enterprises. Indeed, it is the first evaluation comparing the role given by consumers to biodynamic certification in a cross-country evaluation. Several indications are also provided for producers who can help differentiate better wine production by earning a higher income.

Straw Craftsmanship from Port of Sauípe-BA: Possibility of Become a Geographic Indication

Objective: Present the potential of the Geographical Indication for straw handicrafts from Porto de Sauípe – Bahia based on the Methodology for Identifying Potential Brazilian Geographical Indications, developed by the Micro and Small Business Support Service (Sebrae). Theoretical Framework: The article shows some reports that provide information about the history and context of straw crafts in Porto de Sauípe, including local traditions and the role of artisans in the production of the products. Method: The research has a qualitative approach with data collection through bibliographic survey and interviews with local artisans. Results and Discussion: The results showed that the Porto de Sauípe region has factors that provide a quality product (handicrafts) with unique characteristics. The handicrafts have market potential, notoriety and great socioeconomic importance for local artisans. One of the main restrictions for the Geographical Indication is related to the criteria that require more attention, such as governance, research involved and vision of the future. Research Implications: The research makes it possible to analyze the potential of Geographical Indications in other regions that have potential for manufacturing products with notoriety and requirements for registration. Originality/Value: The study provides support to academics and artisans in Brazil, demonstrating the importance of the piassava production chain for maintaining crafts and generating local employment and income.

Reviewing the Standards for protection of Geographical Indications in Tanzania: A case of Kyela Rice

This paper examines the standards for effective protection of Geographical Indications in Tanzania. The Trade-Related Aspects of Intellectual Property Rights Agreement (herein after the TRIPS Agreement) provides for obligations of state parties to the Agreement to protect intellectual property rights in their respective countries. However, the TRIPS Agreement does not specifically state the conditions or standards for the protection of geographical indications. This paper reviewed various legal instruments to establish the essential standards that can be adopted to protect geographical indications of Kyela Rice. The methodology used to collect data is documentary review and data are analyzed using content analysis.

Deciphering the dynamics and trophic mode distribution of the leaf spot-associated fungal community of eggplant (Solanum melongena L.)

The invasion of phytopathogens impacts the composition and associations of the internal microbial inhabitants. Leaf spot is one of the most devastating diseases in eggplant var. Mattu Gulla which is unique in terms of geographic indication (GI) status. Leaf spot samples (asymptomatic and symptomatic) were collected to characterize the fungal community associated with them using culture-based and next-generation ITS rRNA-based metabarcoding approaches. Both methods showed that Ascomycota and Basidiomycota were the predominant phyla in both groups. In the asymptomatic group, Didymosphaeriaceae, Pleosporaceae, Trichomeriaceae, and Capnodiaceae were the most differentially abundant families. In contrast, Phaeosphaeriaceae, Pleosporaceae, Didymellaceae, Rhynchogastremataceae, and Bulleribasidiaceae were the most differentially abundant families in the symptomatic group. At the genus level, Cladosporium was the most differentially abundant genus in the asymptomatic group. In the symptomatic group Alternaria, Remotididymella, Vishniacozyma, Bulleribasidium, Occultifur, Epicoccum, and Loratospora were the abundant genera. The pathotroph-saprotrophic mode was the most common mode identified in both groups, with an increased abundance in the symptomatic group. Seven fungal families and two genera were identified as common according to the culture-based method and NGS analysis based on ITS rRNA metabarcoding. Our study indicated that the composition of the core microbial community varies with plant health status, and a combination of culturable and next-generation ITS rRNA-based metabarcoding approaches could be a reliable option for obtaining a detailed understanding of plant-associated fungal communities.

Use of energy dispersive X-ray fluorescence to authenticate European wines with protected designation of origin. Challenges of a successful control system based on modelling

Consumers are willing to pay a higher price for food with geographical origin labels such as Protected Designation of Origin and Protected Geographical Indication. In this work, the elemental profile of wine obtained by XRF, combined with multivariate analyses, is used to authenticate 111 Croatian, Italian and Spanish red and white wines, 102 of them from 20 Protected Designations of Origin, reproducing the circumstances faced by control laboratories, using commercially available wines without traceability records. Wines that shared origin clustered together and separated from those of other regions following multivariate statistical tests. Classifications made using Soft Independent Modelling by Class Analogy were characterised by poor sensitivity and specificity. An alternative approach based on successive Partial Least Square Discriminant Analyses with consecutive classifications at country, region and finally, Protected Designation of Origin level, was developed and implemented with good accuracy results. In total, 88 % of the samples were correctly classified.

Fostering innovation in Algerian artisanal crafts: The impact of cluster development in Constantine and Batna

This article explores the cluster approach as a lever to stimulate innovation and entrepreneurship in the artisanal crafts sector in Algeria, focusing specifically on the clusters of brass artisans in Constantine and jewelry artisans in Batna, two departments in Algeria. Drawing on Richard Florida's „3Ts“ model (Technology, Talent and Tolerance), the study analyzes how belonging to a cluster can enable artisans to acquire innovation capabilities and undertake collective projects. The methodology used in this research is a field survey conducted during the 21st International Traditional Crafts Fair in Algeria. The sample consists of 228 artisans, representing 30% of the fair's participants, with a distribution of 46% women and 54% men. Data were collected using a structured questionnaire based on the three key innovation factors defined by the „3Ts“ model. The data were then analyzed using descriptive analysis and cross-tabulation techniques. The results indicate that while artisans remain attached to traditional methods, they recognize the importance of innovation in preserving and promoting their craftsmanship. However, the adoption of information and communication technologies is limited, highlighting a need for increased training. The study also demonstrates the potential of clusters to enhance collaboration among artisans, facilitate knowledge exchange and improve their competitiveness in the global market. Finally, the article underscores the importance of protecting artisanal creativity through collective marks and geographical indications.

Foreign Arbitration As The Only Recourse In Resolving Trademark Disputes In A Civil Manner, Criticism of Act Number 20 Year 2016 About Brands and Geographical Indications

Introduction: Act Number 20 year 2016 on trademark and geographic indication opens up opportunities to resolve trademark disputes not only through the Commercial Court, but also to resolve disputes through the District Court.Purposes of the Research: The purpose of the study was to find a form of fair trademark dispute resolution. Conventionally, dispute resolution is usually done by litigation or dispute resolution before the court.Methods of the Research: Normative research is used to answer the formulation of problems regarding foreign arbitration as the only way to resolve trademark rights disputes in a civil manner. The method of approach is the approach of legislation that is to examine and analyze the regulation.Results of the Research: Indonesia also has repeatedly updated the regulation on trademark, but on the other hand, the level of trademark infringement is increasing, even the Commercial Court which should be a place for people to seek justice often gives decisions that do not reflect justice. Is it not better to start looking for other alternatives to resolve trademark disputes that can provide a sense of justice to the community. The court, which is only a mouthpiece of the acts, without regard to the conventions in the field of trademark that have actually been ratified by Indonesia, making the enforcement of trademark regulations in Indonesia, has not been able to provide a sense of justice to holders of rights to trademarks, especially holders of rights to well-known trademars. So that the settlement of famous brand disputes through foreign arbitration is expected to provide a sense of justice for the rights holders of the wellknown trademark.

Utility of dairy microbiome as a tool for authentication and traceability.

Milk microbiome contributes substantially to the formation of specific organoleptic and physicochemical characteristics of dairy products. The assessment of the composition and abundance of milk microbiota is a challenging task strongly influenced by many environmental factors. Specific dairy products may be designated by the Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) labeling, which however, occasionally fail to differentiate them according to specific quality characteristics, which are defined by different microbiota-driven reactions. Combining the above limitations, the scope of the present study, was to summarize the existing information toward three main issues. First, to assess the influence level of the diet type and grazing to rumen-GI tract, mammary gland, and udder microbiome formation in ruminants. Second, to discuss the factors affecting milk microbiota, as well as the effect of the endo-mammary route on milk microbial taxa. Lastly, to evaluate "milk microbiome" as a tool for product differentiation, according to origin, which will contribute to a more robust PDO and PGI labeling. Although the limitations are still a matter of fact (especially considering the sample collection, process, evaluation, and avoidance of its contamination), significant progress has been made, regarding the identification of the factors affecting dairy products' microbiota and its core composition. In conclusion, although so far not totally efficient in dairy products molecular identification, with the progress in soil, water, plant, and animal host's microbiota assembly's characterization, microbiomics could provide a powerful tool for authentication and traceability of dairy products.

Quality assessment of artisanal palm oil from smallholders in the department of Man, western region of Côte d'Ivoire

In the western region of Côte d'Ivoire, more particularly from the department of Man, artisanal crude palm oil enjoys a reputation for quality among consumers and is the subject of a developed trade. To guarantee consumers quality palm oil, it is crucial to register this product as a Geographical Indication artisanal palm oil. This study aims to evaluate the physicochemical properties of this artisanal palm oil to better understand his quality. A descriptive survey of palm oil processing was conducted among 200 smallholders in 10 localities in the department of Man, Western region of Côte d'Ivoire. Then, samples were collected from the producers and were taken to the laboratory for analysis. The physicochemical properties of CPO samples were determined using standard analytical method. The results showed that manual processing and screw hand press methods were used for palm oil extraction. About 58% of the processors have 11-20 years’ experience in oil palm processing and have no formal education (48.2%). Concerning the physicochemical quality of artisanal palm oil producing, the lipid oxidation, carotenoids contents, DOBI, slip melting point, iodine and saponification indexes were relatively conformed to the standard while FFA, moisture and impurities content were different. These results demonstrate a need for monitoring of artisanal palm oil production by smallholders in the sector who should adopt good agricultural practices.

Study on the Experience of Integrating Agricultural Intellectual Property Content in the Teaching of the International Economic Law

International Economic Law is one of the compulsory courses for undergraduate law programmes in China. The Faculty of Law of the Beijing University of Agriculture implements the development of intellectual property rights in agriculture while integrating the relevant content into the international economic law programme as a special chapter. The aim is to expand the traditional international intellectual property rights chapter into an overview of international intellectual property rights treaties, international protection of geographical indications of agricultural products, and cases of agricultural gene security. At the same time, the Faculty of Law of fers a number of elective courses concerning agricultural intellectual property rights. It is also building a practical platform for intellectual property topics in the international economic law programme through the combination of law and agricultural science. By reforming the teaching of the international economic law programme, teaching resources have been further integrated. This has led to an increase in LLB admission scores, while also enhancing the practicality of teaching the international economic law programme.

Agribusiness Prospects of Kachai Lemon Produced in Ukhrul District of Manipur, India: Status, Issues and Way Forward

Kachai lemon (Citrus jambhiri Lush.) is a variety of citrus, known for its rich nutritional and medicinal benefits due to its high flavonoid content and ascorbic acid. It has played a significant role in enhancing the socio-economic development of the tribal communities by generating income and employment opportunities. The Geographical Indication (GI) tag awarded to Kachai lemon has increased its commercial cultivation and market value. This recognition and growing attention have led to the emergence of agripreneurs and farmer producer organizations (FPOs) for production, value addition and marketing of Kachai lemon in an organized manner. The present study is aimed to compile the success stories, challenges of farmers and explore various Kachai lemon brands available on online platforms. A SWOT (Strength, Weakness, Opportunities and Threats) analysis on production and marketing of kachai lemon was performed. For the study, descriptive analysis was carried out to assess its potential, current status and challenges. The study suggests that in order to compete globally, it is crucial to develop strong post-harvest processing and marketing systems with support from agencies and institutions to provide valuable resources and market linkages to enhance efficiency and gain economic benefits.

Metabolic Profiling and Stable Isotope Analysis of Wines: Pilot Study for Cross-Border Authentication.

Globalization and free market dynamics have significantly impacted state economies, particularly in the wine industry. These forces have introduced greater diversity in wine products but have also heightened the risk of food fraud, especially in high-value commodities like wine. Due to its market value and the premium placed on quality, wine is frequently subject to adulteration. This issue is often addressed through regulatory trademarks on wine labels, such as Protected Designation of Origin (PDO) and Protected Geographic Indication (PGI). In this context, the metabolic profiles (organic acids, carbohydrates, and phenols) and stable isotope signatures (δ13C, δ18O, D/HI, and D/HII) of red and white wines from four agroclimatically similar regions were examined. The study explored how factors such as grape variety, harvest year, and geographical origin affect wine composition, with a particular focus on distinguishing samples from cross-border areas. Multivariate statistical analysis was used to assess the variability in wine composition and to identify distinct groups of samples. Preliminary results revealed that organic acids and volatile compounds were found in lower concentrations than carbohydrates but were significantly higher than phenols, with levels ranging between 1617 mg/L and 6258 mg/L. Carbohydrate content in the wines varied from 8285 mg/L to 14662 mg/L. Principal Component Analysis (PCA) indicated certain separation trends based on the variance in carbohydrates (e.g., fructose, glucose, galactose) and isotopic composition. However, Discriminant Analysis (DA) provided clear distinctions based on harvest year, variety, and geographical origin.

Sustainability Assessment of the Performance of Parmigiano Reggiano PDO Firms: A Comparative Analysis of Firms’ Legal Form and Altitude Range

Geographical indications (GIs), protected by the European Union with the collective marks of PDO (protected designation of origin), PGI (protected geographical indication), and TSG (traditional specialty guaranteed), play an important role in the social and economic system. They not only guarantee food needs, but promote correct consumer information, protect local food, and play a role in the environmental and social sustainability of rural areas. In Italy, Parmigiano Reggiano (PR-RE) PDO cheese is ranked second in foods with the GI protection mark by turnover. This research aims to assess the financial sustainability of the firms registered in the PR-RE PDO consortium using financial statement (FINSTAT) analysis. Financial ratios (FR) and the EM-Score were applied to assess firms’ performance, financial risk, and credit score. The analysis distinguished firms by legal form, cooperative and non-cooperative, and altitude range—plain hill and mountain. The main findings of the research were as follows: (1) a better performance of lowland non-cooperative firms and lower financial risk, (2) a longer duration of the inventory cycle of cooperative firms, and (3) a greater financial risk in mountain cooperatives. The results provide indications for improving firms’ performance and for designing financial instruments for the sector. To our knowledge, this is the first research to carry out an analysis of all the available FINSTATs of firms in the PR-RE PDO sector.

Pendaftaran Merek yang Memiliki Persamaan pada Pokoknya pada Kelas Berbeda dalam Perspektif Peraturan Perundang-Undangan

Simply said, a brand is any kind of distinctive symbol or name used in commercial contexts. There is still some gray area in Indonesia's trademark recording rules when it comes to the idea of basically identical trademarks and how to register ones that are quite similar to others in various classifications. From a legislative standpoint, this study intends to explore the notion of fundamental similarities in brands and its restrictions. It will also evaluate the recording of substantially similar trademarks in various classes in Indonesia. Using the framework of UU No 20 of 2016 concerning Marks and Geographical Indications, the study approach employed is normative legal research, which looks at the recording of trademarks in various classes that are basically comparable. Because the idea of similarity in essence is subjective and open to different interpretations by different people, the study's findings reveal that trademark recording requirements are vague on the issue. Nevertheless, while looking at statutory requirements, it is possible to register marks that are essentially similar to existing marks under UU No. 20 of 2016, provided that the marks are in a separate class.

Innovation in Geographical Indications: An Integrative Literature Review and Research Agenda

ABSTRACT Geographical indications (GIs), as intellectual property (IP) instruments, are a value-adding strategy that can be driven by innovation. Innovation has been systematically studied in GIs since the mid-2000s, but this knowledge is fragmented. Our contribution seeks to fill this gap by organizing knowledge about innovation in GIs, identifying the types of innovation predominant in the literature and the returns associated with different types of innovation for GIs. To carry out the study, we conducted a systematic review with a sample of 40 scientific articles extracted from the Web of Science (WoS), Scopus, and Science Direct scientific databases. The results indicate a clear emphasis on innovation in production processes, in marketing and sales, and in the administration of GIs. However, product innovation remains a less explored area, due to challenges related to preserving the traditional characteristics of certified products. The innovative strategies adopted by GIs highlight the relevance of innovation in various domains, resulting in improvements in operational performance, differentiation, business management and improvement of the portfolio and product quality. Our findings have theoretical and practical implications.

Construction of a Knowledge Test to Measure the Level of Knowledge of Farmers on Geographical Indications in Agriculture

Construction of a Knowledge Test to Measure the Level of Knowledge of Farmers on Geographical Indications in Agriculture

The Role of Geographical Indication Products in Promoting Agricultural Development—A Meta-Analysis Based on Global Data

As an intellectual property product that is highly farmer-friendly, geographical indication (GI) products have always garnered significant attention. In recent years, research on how GI products promote agricultural development has been increasing, yet the academic community remains divided on this issue. On one hand, some studies point out that GI products can drive agricultural development; on the other hand, other studies suggest that the impact of GI products is not significant or varies. Meta-analysis is a method that leverages statistical techniques to integrate the findings of multiple studies with a common research objective, addressing controversial issues and arriving at generalizable conclusions. Therefore, to more precisely uncover the intrinsic relationship between GI products and agricultural development and to delve deeper into the root causes of the aforementioned discrepancies, this study employed a meta-analytic approach. We extracted 478 correlation coefficients (r) as effect sizes from 82 empirical articles worldwide. Using these coefficients, we calculated the overall effect size and moderating effects of GI products on promoting agricultural development. Research indicates that GI products exert a positive influence on agricultural development. There is a low positive correlation between the two (r = 0.197). Further analysis reveals that various factors at the sample, data, literature, and methodology levels all impact the outcomes of GI products’ promotion of agricultural development. Research has shown that, in pursuit of sustainable agricultural development goals, it is further recommended that governments should accord high priority to the cultivation and development of GI products. This is aimed at providing practical insights to facilitate the sustainable advancement of GI products and bolster agricultural competitiveness.