Protection Of Geographical Indications Research Articles

Act on Protection of Geographical Indications of Iran: in line or contradiction with international treaties

Iran is a country with an ancient civilization with many unique products and goods. To protect the rights of geographical indications owners, Iran has adopted an Act in this regard. This article aims to examine the strengths and weaknesses of the Iranian Act and the extent of its compliance or non-compliance with international treaties in this field. The results and achievements of this study, which are not limited to Iran and can be used for the international system as well as developing countries, indicate that the multiplicity of international treaties, lack of sanctions or insufficient sanctions, the manner of procedure and proceedings authorities, different interpretations of concepts contrary to public order and good morals, as well as ignoring the issue of labels and barcodes are some of the most important challenges and problems facing the effective protection of geographical indications. Obviously, Iran can protect geographical indications in a more effective way by providing some strategies. Including protection for geographical indications in bilateral or multilateral investment treaties, applying quality control on products bearing geographical indications and intensifying performance guarantees (or sanctions), building culture and increasing coordination between public and private sectors and investing to strengthen the value of geographical indications in the market are among the most important solutions that have been presented.

Geographical indications (GIs) protection in Pakistan: assessing the role of new legislation in sustainable development

ABSTRACT This study examines the potential of Pakistani Geographical Indication (GI) products and compares the old and new legal frameworks for GI protection. It also explores GI Laws in Asian countries and compares them with Pakistan’s newly enacted GI Law i.e. Geographical Indications (Registration and Protection) Act, 2020 (GIRPA’20). Additionally, this article explores challenges after Pakistan’s recent enactment of sui generis GI legislation. Based on an extensive review of the GI literature and policy documents, this qualitative study utilises secondary data to identify numerous potential GIs in Pakistan, collectively representing significant economic value. This study finds that inadequacies in the previous legal system, institutional weaknesses, and delays in enacting sui generis GI legislation caused considerable damage to Pakistani economy, including the usurpation of GIs, market losses, and declining exports among others. The new legislation addresses previous lacunas, providing greater protection to GIs and significantly contributing to Pakistan’s sustainable development. However, comparing Pakistan’s GI law with those of India, Malaysia, China, Indonesia, and Thailand reveals similarities and differences in terms of the registration process, scope of protection, legal framework, protection of traditional knowledge, and enforcement mechanisms. This study also discusses important post-GI legislation issues and proposes unique solutions for Pakistan’s sustainable development.

Decoding The Enhanced Protection for Wine and Spirit GIs

This article delves into the realm of geographical indications (GIs) within the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, it focuses on the enhanced protection granted to GIs for wines and spirits under Article 23 of the agreement, going beyond the standard protection mechanism outlined in Article 22. We will explore the historical context that led to this special treatment, examine the potential controversies surrounding it, and assess its impact on trade dynamics within the wine industry, particularly in the European Union (EU) and India.

Potable intellectual property: WTO TRIPS and EU geographical indication wines

AbstractThe World Trade Organization (WTO) protects geographical indication (GI) wines such as Bordeaux and Chianti. However, there is scant empirical evidence on the effectiveness of this protection. Our triple difference panel data analysis of EU wine exports from 1995 to 2019 finds a significant effect. When countries join the WTO, their import of GI wines increases by about 25% more than non‐GI wines, compared to non‐joiners. Our findings suggest that specific trade provisions matter and that the EU policy of also including wine GIs in bilateral agreements is an attempt to further improve enforcement of GI protection in third countries.

PELINDUNGAN INDIKASI GEOGRAFIS GULA AREN UNTUK MENINGKATKAN PEREKONOMIAN DI DESA PAYA PINANG

Palm sugar is very promising for its presence in the village economy if it can be managed properly, maximally, and get protection. However, in reality the village economy has not maximally improved and has not received protection against potential geographical indications because the producers experience some obstacles in the production process and the village government pays less attention to the producers. This study aims to see and analyze the protection of geographical indications of palm sugar to improve the economy in the village of Paya Pinang. This study uses qualitative research methods with normative-empirical legal approach. Data collection using two types of data, namely primary observation and interview data. Secondary Data in the form of books, journals, and other references. Data analysis techniques used are data reduction, data display, and data verification. The results showed that palm sugar in Paya Pinang village has a very promising economic value by requiring maximum management and must be protected so that production continues and the village economy can be further improved.

The mismatch between geographical indication protection against evocation and its underlying objectives

The deliberations on the revision of the European Union (EU) system for geographical indications (GIs), proposed in 2022, manifest the contentious nature of protecting GIs against evocation. This article shifts attention to the origins of the anti-evocation protection, allowing for further exploration of how the protection deviates from the objectives behind its establishment. The study shows that the flaws that triggered the prospective reform were foreseen in the 1990s when anti-evocation protection was first introduced in GI law. In the 1990s, legislative discussions surrounding the introduction had already brought to light a lack of clarity regarding the objectives, the over-inclusiveness of the evocation test, and the potential absurdities it might generate. Those once potential flaws have gradually become a reality, and practice has manifested a mismatch between the anti-evocation protection and its underlying purposes. The judicial and legislative authorities’ latest bridging efforts have missed the fundamental solution to the mismatch. The EU GI legislative reform should give due consideration to adopting a harm-based approach, thus bringing the anti-evocation protection closer to its core objective of preventing harm.

The Evolving Protection of Geographical Indications Against Services: “Brand” New World?

AbstractThe EU regime for protecting geographical indications (GIs) is the most advanced – and at the same time the most debated – model of this sui generis intellectual property right in the world. The current reform is introducing innovations in many aspects of this regime, including that of digital markets. However, one very important aspect stemming from the evolution of EU case-law is missing – the extension of GI protection against services. EU case-law leaves open significant questions about this multi-faceted issue: not only how to construe the “front” side of directly excluding the (even evocative) use of a geographical name for services, but also, and mostly, how to deal with the “reverse” side of actively exploiting the same name on the market, following an authorization model resembling that for trademarks, as indeed the reform seems to admit elsewhere for the first time. There is also the “other” side of market services, where GIs act as intellectual property rights that affect the free movement of goods: here, ever more frequent references to “prestige” as a justification for protecting GIs further complicate the picture. This has potential implications for freedom of competition in the resale of typical products under the principle of exhaustion in terms of foreseeable legitimate reasons for opposition, again following the trademark model. This article aims to set out a more balanced approach tackling such new challenges, in order to make the EU regime fit for the future but still consistent with the founding principles of GIs as special intellectual property rights.

Comparative Perspectives on the Protection of Food Geographical Indications in Asian Countries

AbstractThe significance of food is beyond its gastronomic value. Food symbolises a community's enriched past and holds cultural expressions and traditional knowledge. The linkage of food with religious beliefs, geo-climatic factors, social standards, and various health benefits builds the reputation of the food, which is essentially attributable to its geographic origin. Following the ratification of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the contracting states that have enacted Geographical Indications (GI) legislation (particularly those in Asia) have come forward to protect foodstuffs as GI in order to safeguard their communities and their traditional knowledge associated with foodstuffs. Against this background, the present article attempts to compare foodstuff GIs in eight selected Asian countries with a sui generis system of GI protection as TRIPS compliance. The comparative analysis of the evolution and scope of foodstuff protection, pre-registration and post-registration impact, and quality maintenance provides important insights into convergence and divergence among the selected Asian countries. The study further identifies policy implications for the sustenance of GI.

Possibilities and forms in labeling of agri-food products

There is an intense competition in the agri-food market and because of that the consumers are becoming more and more insecure in terms of the product's origin, producer's reputation, production methods and the product's quality. The supply of the domestic agriculture is still based on the traditional agricultural products and actions are needed to increase the supply of protected and branded products. In order to increase the popularity of domestic products on the market, it is necessary for them to differ in some way from a similar competition products. Labeling of agri-food products is an opportunity for consumers to notice domestic products on the supermarket shelves. The additional benefits from the protection procedure also contribute to the prevention of misuse of the name and / or origin of the product. In this way, the product is differentiated on the market, it builds consumer sureness in terms of reliability in the quality and the name of the product. Unlike our domestic market, where the protection and labeling of agri– food products is very modest, in the developed countries this way of adding value to the products is extremely present. The types of brands that are used for the differentiation are various, and this paper starts from three forms: individual, collective and official. These brands are firtsly based on quality and origin. The use of the individual brands is suitable only for sufficiently large individual farmers, who can guarantee a satisfactory quantities and uniformed product quality. From the agriculture point of view, the forms of product labeling that results from the community work of the homogenous group of producers are especially interesting, because it enables to small producers of traditional products mostly, or producers who produce according to organic principles, to protect their own products. Through the association, preconditions are created both for the creation of brands and for the protection of geographical indications. In the certification of organic production, umbrella (“roof”) brands are present and they do organic agriculture labeling in order to guarantee a sufficient offer in terms of quantity and quality. Protection, brand development and branding in the domestic market is at the very beginning. It is evident from the examples that individuals or producer groups create and develop collective brands through trademark protection. Others use regulations of the protection of geographical indications or organic production, design their own symbols to differentiate their products on the market, but without any legal protection. Republika Srpska through its strategic documents or strategies adopted for the needs of the Ministry of Agriculture, Forestry and Water Management encourages individuals in protection and branding. They should introduce branding, protection of collective designations of geographical origin and certification of organic products. In addition to the mentioned labels, there are other opportunities for the development of national marketing or regional labels that could be created by various organizations, either public or private. In order to improve the process of labeling and protection, it is necessary to conduct educational activities with producers in terms of pointing out the role and the importance of product identification with one of the labels, all in accordance with the suitability for protection of products. Actions are also needed to inform consumers in terms of understanding and recognizing certain labels on potential domestic products.

The Legal Status and Selection of a Model for Geographical Indications for Agricultural Products in China: a Study

As a traditional agricultural country, China produces a wide range of diverse agricultural products. However, China's legislation on geographical indications (GI) for agricultural products is incomplete, existing in three different legal documents. Although China appears to be ready for an independent GI law, it has not yet been enacted, and the method of its administration remains unclear. China is faced with the choice of whether to adopt ‘strong protection’ or ‘weak protection’ in its GI legislation. This question is also directly related to the relationship between international GI treaties and domestic legislation. The protection of geographical indications of agricultural products in China lacks strategic design. The main legislative and administrative bodies are confused, and the specific legal documents at the national, provincial and municipal levels are imbalanced. The recommendation of this article is that, China should choose ‘strong protection’ for primary agricultural products and processed agricultural products with key characteristics, and ‘weak protection’ for other general agricultural products.

Socioeconomic management by effective implementation of ‘GI’ protection in rural India

The connection between Geographical indications (GIs) and rural development in India are studied in this literature, as are people's opinions toward GIs. Rural development has a long-term impact of GI protection. Reported literature shows that GIs have benefited sustainable rural development in India, but there are still difficulties that need to be addressed, such as a lack of knowledge regarding GI implementation in rural areas. Go Green initiatives in the context of GIs and rural development, fostering environmentally conscious practices for a more sustainable future. Integrating GIs and rural development in India are referred in this study, which focuses on medicinal plants and agricultural approaches.

The Urgency of Regional Regulations Regarding Natural Habitat in Sustainable Protection of Geographical Indications

Objective: This study aims to analyze the importance of maintaining Geographical Indications to ensure protection for product consumers while preserving the reputation of Geographical Indications as a sustainable regional economic asset. Methods: This type of research is normative legal research. The study uses secondary data consisting of primary and secondary legal materials. The data analysis technique uses qualitative data analysis, and conclusions are drawn by deductive method. Result: Until now, many products in Indonesia have been registered and protected by Geographical Indications, but there is no guarantee that the sustainability of product quality will be maintained. This is because no legal provisions prohibit planting plants outside the GI area, so circulating products use the same characteristics as products protected by Geographical Indications but have different qualities. Conclusion: The research results show that local governments are obliged to maintain the quality of products that have been registered and protected by Geographical Indications by establishing blood regulations on the natural habitat of products registered in Geographical Indications to prevent the planting of products protected by Geographical Indications outside the area stated in the GI application. This becomes very urgent to ensure the quality of products received by consumers and maintain the reputation of assets protected by Geographical Indications as sustainable economic assets.

An overview on practices related to geographical indication protection in the USA and Europe

An overview on practices related to geographical indication protection in the USA and Europe

Comparison of Global Geographical Indication Protection Rules and China's Response—Based on a Comparative Perspective of RCEP, TRIPS and CPTPP

Comparison of Global Geographical Indication Protection Rules and China's Response—Based on a Comparative Perspective of RCEP, TRIPS and CPTPP

Geographical Indications Between the Old World and the New World, and the Impact of Migration

Abstract The article focuses on the use of European geographical names in certain countries of the so-called ‘New World’ (i.e. nations reached in the past by waves of European migration) and the impact of such migration on the debate around the protection of geographical indications (GIs). Specifically, the article analyses four GIs case studies – ‘Prosecco’, ‘Budweiser’, ‘Rioja’ and 'Parmesan' – which highlight the role of migration in this context and how countries of the New World (e.g. US, Canada, Australia, etc.) emphasise this role to argue that several European geographical names of food and wine products are just the generic terms for the products themselves. The ‘migration’ factor however is downplayed by the EU (i.e. the Old World), which stresses that European GIs still have a distinctive function linked to the geographical origin of the underlying product and should be protected in Europe and beyond.

Incorporating Cultural Heritage in the Proposal for a Regulation on Geographical Indications protection for Craft and Industrial products

Incorporating Cultural Heritage in the Proposal for a Regulation on Geographical Indications protection for Craft and Industrial products

Protection Of Geographical Indications Of Andaliman Humbang Hasundutan Spices Is Reviewed From Law No. 20 Of 2016 Concerning Brands And Geographical Indications

Indonesia is a country that has known for the richness of spices, one of which is andaliman. Andaliman is a spice that similar with pepper but has a bitter, spicy taste and distinctive aroma. Andaliman itself only grows in several districts in North Sumatra, one of which is Humbang Hasundutan District. Andaliman Humbang Hasundutan Regency has great potential in both national and international markets, and it can be said that andaliman is an Intellectual Property owned by Humbang Hasundutan Regency and Indonesia which must be given legal protection, namely Geographical Indications, but until now there has been no legal protection given to Andaliman Humbang Hasundutan. So the aim of this research is to see whether Geographical Indication protection can be given to Andaliman Humbang Hasundutan Regency based on Law no. 20 of 2016 concerning Brands and Geographical Indications. This research was conducted using qualitative research methods with a normative juridical approach. The results of this research are that Andaliman Humbang Hasundutan can be given Geographical Indication protection, however there are several elements that must be improved and fulfilled so that Andaliman Humbang Hasundutan and legal action that can be taken by the Government and the people of Humbang Hasundutan Regency are to fulfill the elements of Geographical Indication that has not been fulfilled by Andaliman Humbang Hasundutan.

Scrutinizing the Expanding Scope of Geographical Indication Protection: A Critical Analysis of the Justifications for the Anti-Evocation Measures

AbstractThe global trend towards heightened protection for geographical indications (GIs) has been bolstered by the incorporation of anti-evocation provisions in various bilateral and regional trade agreements, primarily led by the European Union (EU). While these anti-evocation measures have raised GI protection to an unprecedented level, they also place limitations on the freedom of expression and competition for other market players. This article conducts a critical analysis of the necessity of those restrictions by evaluating the justifications for implementing anti-evocation protection. Specifically, the analysis centres on the formal justifications put forth by law enforcement authorities and their direct contribution to enforcement errors and inconsistencies. Furthermore, inherent limitations within these justifications are also identified. Clarifying the rationale for anti-evocation protection and establishing a clearly defined scope of protection, substantiated by sound justifications, could effectively mitigate errors and inconsistencies in law enforcement and minimize any undue impact on the public interest. Countries that have adopted or are considering adopting anti-evocation protection, following the EU's lead, should exercise caution to avoid similar pitfalls.

Protection Geographical Indication of Cimpa Tuang Food: Measuring Cultural and Economic Value in Sukalaju Village

Geographical Indication (GI) for cimpa food in the context of measuring the value of cultural and economic identity of a particular region. Cimpa food, as a culinary product with deep cultural roots, has a central role in a region's cultural identity, reflecting local history, traditions and culinary richness. However, challenges such as social, economic, and environmental changes have threatened the sustainability of cimpa food production and the integrity of its cultural identity. This research involved field research methods, surveys, historical analysis, and interviews with producers, local stakeholders. We focused our attention on one specific geographical area where cimpa food is produced. In addition, we measured the economic impact of cimpa food production and marketing, assessed the effectiveness of GI protection, and identified challenges and opportunities faced by producers. Our findings reveal that GI protection is an important measure to protect cimpa food from counterfeiting and unfair competition, while appropriate marketing strategies can expand the market for these products. This research not only provides practical benefits for local producers in developing their businesses, but also makes a theoretical contribution to the understanding of the relationship between food, culture, economics, and legal protection in the context of food products with specific geographical origins.

Legal Protection of Geographical Indications Concerning Nira Water in Dolog Huluan Village Dolog Masagal Pematang Raya District

Geographical Indication Protection aims to protect the uniqueness of a region's products, such as producers from certain regions which are famous for their sap water. usually they do not protect the quality of their regional products. This can open the door for other manufacturers in different locations to produce similar products and claim that their products come from the same area or have the same quality, when in fact they do not The Mini Research Assignment for Group 1 from class A PPKn stambuk 2021 is entitled: "Legal Protection of Geographical Indications for Nira Water in Dolog Haluan Village, Dolog Masagal District, Pematang Raya" The results of this observation will hopefully provide a better understanding of the effectiveness of the geographical indication law in protecting and promoting sap water in the Pematang Raya area. This research aims to understand the role of geographical indication laws in protecting and promoting sap water from the Pematang Raya area. This Mini Research uses normative empirical research methods with a qualitative descriptive approach.