Protection Of Geographical Indications Research Articles

Comparative study on the geographical indication protection between China and the European Union - From the perspective of the China-EU Geographical Indications Agreement

Geographical indication (GI) represents the specific good quality and reputation of the regional characteristics of agricultural products, which is a positive approach for stabilising the export of agricultural products, realising high quality and high prices for agricultural products and rural revitalisation. Based on the China-EU Geographical Indications Agreement, this paper discusses the differences between China and the European Union (EU) in terms of GI protection from three aspects: the institutional framework, the operational system, and the operational status of GIs. The purpose of the study is to identify the differences between China and the EU in the protection of GIs, China's shortcomings, and gaps, and to propose policy recommendations for China to protect GI products better, exploit the economic impact of GIs and enhance the competitiveness of China's exports.

Protection and Characteristics of Geographical Indications in Indonesia

Geographical Indications are product identification associated with a specific geographic location. Indonesia has a Geographical Indication protection system to protect local products and promote unique products that can only be found in certain areas through Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The main characteristics of Geographical Indications in Indonesia include the relationship between the product and the geographical environment, the quality and reputation attached to the product, as well as the traditions and local wisdom associated with the product. The protection of Geographical Indications in Indonesia aims to ensure that only products that comply with the specified criteria may use the Geographical Indications mark. Characteristics of Geographical Indications include links with regions and traditions, as well as the reputation of products originating from the area. This protection helps promote and sustain local culture and economy. The research methodology used in this study uses a type of normative research with various approaches, which consist of statutory approach (statute approach) and conceptual approach (conceptual approach). The sources of legal materials used in this study are in the form of primary law (primary source) and secondary law (secondary source) and non-legal material. The results of the research and the main findings are that the characteristics of geographical indications are different from other IPRsgeographic indication has unique characteristics caused by natural factors, thus giving effect to the goods or products produced by a certain region.

Pelanggaran Indikasi Geografis ditinjau dari Aspek Perlindungan Konsumen

It is very important for Indonesia to provide protection for potential Geographical Indications in order to maintain fair business competition; consumer protection; protection of Micro, Small and Medium Enterprises; and domestic industry. Geographical indications, which are communal intellectual property rights, become an economic potential for the region or community group that proposes them. The protection of Geographical Indications will not only provide welfare benefits for the rights owners but will also constitute acknowledgment of the rights of end consumers who utilize products with said Geographical Indication rights. The regulation regarding violations of the rights of Geographical Indications contains protection for consumer rights and the obligations of producers. The study was carried out through normative juridical methods through statutory and conceptual approaches using legal materials, both primary, secondary and tertiary. Henceforth, the analysis is carried out deductively.

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.

THE EFFORTS OF THE ALOR REGENCY GOVERNMENT IN IMPLEMENTING GUIDANCE AND EMPOWERMENT OF COMMUNITIES PROTECTION OF GEOGRAPHICAL INDICATIONS

Local Governments play an essential role in efforts to protect, develop, and empower communities in protecting intellectual property, including through the protection of geographical indications. Measures to protect geographical indications must be carried out by stakeholders through registration and meeting specific requirements. The issue discussed in this paper is the local government's efforts to overcome obstacles in conducting community development and empowerment to protect geographical indications in Alor Regency, East Nusa Tenggara Province. The method used is empirical research, which involves field data as the primary data source, such as interviews, results, and observations. The conclusion of this study is the efforts of the local government in Alor Regency to overcome the obstacles mentioned above, including providing an understanding through socialization related to matters contained in the existing description documents to be used as a reference in the management of Geographical Indications Products.

Institutional Framework for Protection of Geographical Indications in Tanzania: Examining the Challenges and Way Forward towards Effective Protection of Geographical Indications in the Country

The study is interested to review the challenges of the current Tanzania institutions framework dealing with protection of geographical indications with the view of exploring the alternative changes that can enable Tanzania to effectively deal with enforcement of domestic and international laws dealing with protection of geographical indications. In the end study recommends the possible wayward to strengthen the performance of the institutions dealing with protection and enforcement of geographical indications in Tanzania.

Relevance of Registration of Geographical Indications with Increasing Competitiveness of Local Products in the City of Semarang

Whereas in principle all types of intellectual property rights are protected by law including geographical indications. Legal protection for Geographical Indications is created when the owner registers it with the Minister of Law and Human Rights. Especially in the city of Semarang, the problem regarding the registration of Geographical Indications that occurs is the lack of awareness of the citizens of the city of Semarang to register their Geographical Indications, which actually has the potential to increase the competitiveness of local products in the City of Semarang. This study will address these issues using empirical juridical research methods based on primary legal data. Based on the research results, it is known that legal protection for geographical indications is created when the geographical indication is registered. Geographical indications that have been registered have an impact on strengthening the competitiveness of local products in the City of Semarang, so that the community and the government of the City of Semarang must jointly strive to increase awareness of the registration of geographical indications in the City of Semarang.

Implementation Of Legal Protections Of Geographical Indications Of Lampung Robusta Coffee In Improving The Economy Of West Lampung Coffee Farmers

<em>West Lampung Regency is one of the Robusta coffee producing areas. Lampung Robusta Coffee is registered by obtaining a Geographical Indication Certificate Number: ID G 000000026 dated May 13, 2014. The problems in this study are a) How is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers and b) What are the factors What are the obstacles in implementing legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers? The research method used is juridical normative and juridical empirical. The conclusion of this study is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers is to provide preventive and repressive forms of protection with reference to the theory of Intellectual Property Rights Robert M. Sherwood. The constraining factors in the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers are the low level of public education, the lack of awareness of coffee farmers in West Lampung Regency in including West Lampung Robusta Coffee Geographical Indications in product design, the absence of regulations at the level The Government of West Lampung Regency in implementing the inclusion of Geographical Indications for West Lampung Robusta Coffee and the weak legal awareness of the community towards the importance of Geographical Indications</em>

3 LANGKAH PERLINDUNGAN INDIKASI GEOGRAFIS SEBAGAI BAGIAN DARI KEKAYAAN INTELEKTUAL KOMUNAL MELALUI PERLUASAN KONSEP DEFENSIVE DAN POSITIVE PROTECTION

The concept of defensive and positive law on Communal Intellectual Property in its development is not sufficient to provide protection for developing countries, including Indonesia, which contain a wealth of living and non-living natural resources. The wealth of these natural resources is often claimed by a foreign nation, either in the form of patents or brands that are economically profitable, without mentioning the source and origin of the discovery. One of them is the claim of a foreign brand which is indicated as geographically originating from Indonesia. This research aimed to offer an idea of the expansion of the protection concept and measures that need to be taken by the government to protect Indonesian Geographical Indications. The method applied in this research was a study of literature sourced from national and international journals through the use of internet media. The results of the study concluded that, First, the defensive and positive legal protection concept that has been known so far requires expansion by adding the protection concept economically in the manner of streamlining a clear management framework from the Regional Government. The said framework must be carried out from upstream to downstream, by ensuring that in the end, the registration of Geographical Indication must be able to prosper the community. Second, the protection of Geographical Indication must be carried out utilizing: Accelerating the collection of data on Geographical Indication nationally, Guiding and supervising the Regional Government to develop local products that have the potential for Geographical Indication, and Establishing special laws.

Legal Protection Status and Prospects of Geographical Indications

With the continuous deepening of economic globalization and international trade, the protection of geographical indications faces increasingly more challenges. However, the regulations on the protection of geographical indications in China are not yet perfect, and there are many shortcomings in the approval system and the infringement redress system. Therefore, it is necessary to unify the system of geographical indication protection and improve the relevant regulations on geographical indication protection from the administrative law level, in order to protect fair market order and consumer interests.

CURRENT SCENARIO OF GEOGRAPHICAL INDICATIONS (GIs) IN UTTARAKHAND STATE, INDIA

The Geographical Indication (GI) is a legal framework for the protection of indigenous localized goods/products, worldwide. For the protection and regulation of GIs, the government of India enacted Geographical Indications of Goods (Registration and Protection) Act in 1999 which came in force in 2003. The present study aims to understand the current scenario of GI products in Uttarakhand state. For this purpose, the data of GI registered goods have downloaded from the official website of the Department for Promotion of Industries and Internal Trade, Ministry of Commerce and Industry, GoI, and the relevant related literature and photo plates have also used. Uttarakhand Tejpat was the first Uttarakhand product that was awarded by GI tag in 2016. Till now, 8 products of the State have been registered as GIs by the GI Registry of India. These registered commodities belong to two different categories, i.e., agriculture (03) and handicraft goods (05). The present study provides a detailed description of GI tag goods of the entire State that will help the entrepreneur in identifying and naming goods for GIs. The study suggests that the government of Uttarakhand should lead the entrepreneurs of the State to get GI tag of indigenous and unique goods. KEYWORDS: Geographical Indications, GI tag, Products, Uttarakhand

Traditional agri-food products and sustainability – A fruitful relationship for the development of rural areas in Portugal

Abstract The protection of agri-food regional products is taking on growing importance in a market dominated by global companies and brands, often with no personality. Thirty years ago, the European Union (EU) agricultural product quality policy introduced the protection of geographical indications (GIs) for agricultural products and foodstuffs, with the aim of highlighting the quality of products resulting from a specific origin, therefore helping their communication and positioning in the market. This is important in countries with a considerable percentage of rural regions, as is the case of Portugal. Bearing this in mind, the purpose of this study is to see what are the drivers of the spatial distribution of traditional products (protected geographical indications, protected designations of origin, and traditional speciality guaranteed) in Portugal. For this purpose, the distribution of traditional products by regions and categories in Portugal will be presented. Also, Portugal’s position will be analysed and compared to the other EU countries, regarding the number of traditional products. Results show that Portugal is the country with the fourth biggest number of traditional certified products in EU territory. In the national territory, the Northern Region of Portugal has the biggest percentage of protected products, followed by Alentejo and the Centre Region of Portugal. Also, in Portugal, looking at the type of products, from a list of ten different categories of GIs, the ranking is dominated by (1) fresh meat, (2) meat products (cooked, salted, or smoked), and (3) cheese and milk-based products. If we consider that many of the aforementioned products are produced in less favoured regions, these results constitute an opportunity for their sustainable development. This benefits not only the producers, but also consumers who increasingly seek “authentic” and more natural products.

Geographical Indication, Agricultural Products Export and Urban–Rural Income Gap

The Nineteenth National Congress of the Communist Party of China put forward the implementation of a rural revitalization strategy, which is an important way to achieve common prosperity for all the people, as promoting farmers’ income increase and narrowing the urban–rural income gap are key to promoting rural revitalization and common prosperity. So, under the background of vigorously promoting the rural revitalization strategy in China, it is very important to explore the effect and realization mechanism of geographical indication (GI) on reducing the urban–rural income gap. Based on the statistical data of 31 provinces in China from 2008 to 2019, this empirical study uses the spatial Durbin model (SDM) to analyze the relationship between GI and urban–rural income gap, and the stepwise regression method is used to explore the mediating effect of agricultural product exports on it. The results show that: (1) The potential economic value of GI branding can reduce the urban–rural income gap, and each additional unit of GI in this region will reduce the urban–rural income difference of this region by 0.160 units, and the urban–rural income difference of neighboring regions by 0.133 units. The result is still consistent after changing the proxy variable of urban–rural income gap for robustness test; (2) The brand effect of GI can form a stronger competitive advantage in foreign trade and promote the export level of agricultural products; (3) GI can narrow the urban–rural income gap through the export of agricultural products, and agricultural product export plays an important mediating effect. In the future, the government should not only strengthen the management and protection of GI but also actively market GI products. Promoting the international mutual recognition and mutual protection of GI can ensure the agricultural product export of GI and improve the foreign trade level of GI.

The Potential Geographical Indications in Pakistan

Geographical Indications (GI) are signs or tags that are used on agricultural, manufactured and natural goods in order to distinguish and protect them. The protection of such GI’s gives owners and cultivators due recognition in the world, and the buyers become aware of the original product belonging to a specific area. Pakistan enacted its GI law in 2020, and despite great potential, there have still been a very minute number of GI registrations. Pakistan is a diverse country rich in culture, values, and identities. There are numerous potential Geographical indications that have not been registered in the country due to various impediments in the processes of its registration. In order to register Geographical Indications in Pakistan, there are several barriers that must be overcome, including lack of knowledge, lack of technology, lack of a connection between IP tribunals and the business community, a dearth of subject-matter specialists, etc. Pakistani gemstones, fruits, delicacies, footwear, sports products, cutlery, sweets, traditional outfits and headgear are thought to be registered as strong GI's in the nation. These potential Geographical Indications, if registered, could earn a great amount of money for the national exchequer and improve the dilapidated financial condition of the country.

Consumer Perceptions, Preferences and Awareness Towards Potential Geographical Indication of Products in Tanzania

This paper assesses consumer awareness, preference and perception of high-quality products from information provided in the market, and on the labels for coffee and rice products in Mbeya and Kilimanjaro regions of Tanzania. This paper is a part of a study that was established to understand the potential of geographical indication protection in Tanzania, which looked at producers, sellers, and consumers. The study collected data from a sample of 130 consumers: 58 and 72 rice and coffee consumers, respectively. A mixed method approach was used to analyse data; specifically a logit model was used to understand the determinants of consumers awareness; and providing a clear description of the different factors that determine consumers’ preferences and perceptions. The results showed that 62% of the consumers had awareness of the different qualities they seek in a product. Price and label/brand information were found to be the main factors influencing and signalling the preferences and perceptions of consumers to high-quality products.
 JEL Classification Q18, D18, L15,

Geographical Indication of Kahayya Coffee as an Opportunity to Increase Regional Investment

Geographical Indication which is a mark used for objects or things that have geographical and specific authenticity and have the quality or reputation of their place of origin. This geographical indication has an appeal that explains a type of product that shows the area where the product comes from. Bulukumba Regency has a coffee product called Kahayya Coffee. Kahayya Coffee is found in Kahayya village, located on the edge of the forest, precisely on the plateau, which is positioned at the foot of Mount Lompobattang at an altitude of around 1200-1400 meters above sea level. The potential produced by Kahayya village in the form of Kahayya coffee is an investment opportunity for the region, especially in Bulukumba district. The type of research used is empirical research, namely research using field data as the main data source. The result of this research is Kahayya coffee products have not obtained legal protection of geographical indications due to several factors such as human resource constraints, capital, marketing, the friction of personal interests, and lack of synergy between local governments, farmers, producers, and communities. Then the Bulukumba Regency government made several efforts such as human resource education for farmers and producers by the Regent, assistance in coffee plant cultivation by the Food Crops and Horticulture Office, and education and marketing by the Bulukumba Regency Industry and Trade Office.

A Legal Appraisal of the Protection and Opportunities of Geographical Indication (GI) in Bangladesh.

A Legal Appraisal of the Protection and Opportunities of Geographical Indication (GI) in Bangladesh.

Applications and Responses to RCEP Rules on Geographical Indications Protection in China

Regional Comprehensive Economic Partnership (RCEP) uses the World Trade Organization (WTO) rules as parent rules. Yet proble ms exist in the interpretation and application of intellectual property terms, which can easily cause controversy. The protection rules of the geographical indications (GI) are used as a magic weapon to promote Chinese high-quality agriculturalproducts to the world. But due to the left and right swaying of the legislators, they are chaotic and thus need to be improved urgently. In this case, China’s GI protection should focus on disputed solutions, balancing legislators’ initiatives and autonomy generated by geographical indication, and solving the historical problems of many departments overlapping management.

Concept of Illegal Fishing for Indonesian Regulations and UNCLOS

Illegal fishing is a transnational crime that needs special attention in its eradication to safeguard national sovereignty. Illegal fishing law enforcement and the protection of marine assets in Indonesia are based on the Shipping Law, Fisheries Law, Ministerial Regulations, and UNCLOS. Must be protected by any actions related to opportunities for crime to occur. There is no legal protection for potential geographical indications as a communal right of the people in Indonesia. This paper adopted the normative method with data sources drawn from primary and secondary legal materials. In addition, control practices are important in the fight against illegal, unreported, and unregulated (IUU) fishing. From here, the sinking of the ship became one of the control programmes. The current perspective on the problem of sinking or destroying fishing vessels is not from a legal aspect but from a standard or guideline for implementing procedures that have not been regulated, even though the Indonesian government is the subject of comparison with applicable laws.

Current situation and development trend of wine industry in china

China’s modern wine industry began in 1892 when Changyu Wine Company was founded. After more than 130 years of development, China has formed 11 major wine regions with their own characteristics. The wine grape varieties of China are divided into three categories: international mainstream varieties, Chinese indigenous varieties, and varieties that can be used for both winemaking and table grape purposes. There are various types of wine produced in China, including sparkling wine, dry white, dry red, rose, ice wine, aromatized wine, and fortified wine. There are more than 1,680 wineries in China, whose production modes are categorized as “Chateau & Chateau wines” mode and “winery & brand wines” mode. The number of Chateau enterprises accounts for 80% of the total, and is developing fast. China's wine industry management organizations mainly include Ministry (departments, bureaus) of Agriculture, and the Ministry (departments, bureaus) of Industry and Information Technology. And the industry service organizations mainly include the China Alcoholic Drinks Association (Wine Branch), China National Food Industry Association (Wine Branch), and Grape and Wine Association or Wine Industry Development Service Center established by provinces and cities. Up to now, 12 sub-wine regions in China have obtained the certification of geographical indication protection. Chinese wine consuming markets are divided into five groups, with huge consumption potential, and the activity of consumer market remains the top of Asia. China's wine industry integrates the three industries of grape growing, wine making and wine consumption, tourism, and cultural promotion. Such growth is in accordance with the advancement of agriculture, rural areas, and ecological protection, exhibiting sustainable development with vigor and vitality.