Protection Of Geographical Indications Research Articles

Rapid detection of adulteration of glutinous rice as raw material of Shaoxing Huangjiu (Chinese Rice Wine) by near infrared spectroscopy combined with chemometrics

As an important raw material for Chinese Huangjiu brewing, high-quality glutinous rice is often adulterated for economic purposes. In this study, near infrared (NIR) spectrometer combined with chemometrics was used to quickly detect the adulteration of glutinous rice (AR) as the raw material of Shaoxing Huangjiu brewing. The samples of high-quality glutinous rice (HR) from Zhejiang Guyuelongshan Shaoxing Wine Co., Ltd. were mixed with different varieties and brands of rice at different incorporation ratios (0‐100%). NIR spectra of HR and AR were combined with factor analysis (FA) and partial least squares (PLS) regression to identify adulteration. The discrimination accuracy of the sub-library model constructed by FA was greater than 89% (S>1). The prediction coefficient of PLS model (R2) was greater than 98%, and the prediction root mean square error (RMSEP) was less than 4.3%. NIR spectroscopy combined with chemometrics to quickly identify the adulteration of high-quality glutinous rice will provide effective technical support for the product quality supervision of Shaoxing Huangjiu, a geographical indication protection product.

ZAŠTITA TRADICIJSKIH PROIZVODA PRIMJENOM ZEMLJOPISNIH OZNAKA U EUROPSKOJ UNIJI NAKON STUPANJA NA SNAGU ŽENEVSKOG AKTA NA LISABONSKI SPORAZUM

The aim of this paper is to explore the possibilities of protection of geographical indications marking traditional products in the European Union, especially after the entry into force of the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications. The current possibilities of protection at the international level serve as a starting point. The most significant changes brought about by the Geneva Act have been indicated in the paper and the consequences of the European Union accession to this international agreement have been analysed in detail. The research shows the advantages in terms of protection of geographical indications after the accession of the European Union to the Geneva Act only related to traditional agricultural and food products, whereas, for example, traditional handicrafts, souvenirs and other non-agricultural products do not benefit therefrom. Moreover, the results of the research show that while the European Union has managed to expand the policy of protection of geographical indications at a global level through the adoption of the Geneva Act, its position has been weakened by the fact that there is no sui generis system of protection of designations of origin and geographical indications for non-agricultural products in the European Union. The paper also analyses the advantages, disadvantages and limitations of the traditional products protection through the geographical indications protection marking them, and it emphasizes the importance of geographical indications protection for indigenous non-agricultural products (souvenirs) for tourist destinations such as the Republic of Croatia. The conclusion of the research supports the need for establishing a system of geographical indications protection for non-agricultural products at the European Union level in order to enable the protection of geographical indications for all traditional products in the European Union through the established system of international registration.

ПРАВО ГЕОГРАФИЧЕСКИХ УКАЗАНИЙ КНР В ПЕРИОДЫ 13-Й И 14-Й ПЯТИЛЕТОК

The article examines the development of the law of geographical indications of the People’s Republic of China. An attempt is made to determine the relationship between the Confucian legal traditions of Ancient China and the law of geographical indications in China. A special place in the article is occupied by the assessment of innovations in the law of geographical indications of the PRC during the 14th Five-Year Plan, the role of multilateral and bilateral practices of international legal protection of geographical indications.

Expanding Geographical Indication protection at any cost? A critique of the EU law of evocation

As the major pillar of the EU’s quality policy on agricultural products, Geographical Indications (GIs) are protected in the EU at a level significantly higher than in other jurisdictions. Through multilateral and bilateral negotiations, the EU aims to ensure a similar high protection level as is provided in other countries’ national legislations, which has already generated much debate globally. This article focuses on a recent trend in the EU for further enhancing the level of GI protection. By way of reviewing the CJEU’s application of the EU GI regulations that protect GIs against evocation, this article reveals that the scope of GI protection has been extended greatly with an increasingly broad interpretation of evocation by the CJEU. It further traces the source of the evocation provision and examines potential rationales behind GI protection against evocation. It concludes that it lacks legislative tradition and solid justifications to expand the scope of GI protection via the evocation clause. Such a high level of GI protection against evocation, mostly driven by reasons of policy, will lead to a risk of monopoly of techniques and production of certain types of products, and is enforced at the cost of the freedom of communication, trade and industry of other agricultural operators in the EU. Moreover, non-EU countries need to understand the European approach to GI protection, particularly concerning the scope of protection, before they support or adopt it.

Protection of Geographical Indications in International Trade: Prospects for Russia

Geographical indications (GIs) represent the intellectual property rights, which protection could play a significant role in the increasing regional and national trade. The paper reveals the impact of protected GIs on international trade and provides certain recommendations for Russia. There is an evident gap in the study of the GIs effect on the development of trade links, especially for Russian enterprises. The paper applies the gravity model of trade and tests three hypotheses, whether the more protected geographical indications both exporting and importing countries have, the higher the volume of export of GI protected goods going out of this particular country and whether the existence of a trade agreement with specific provisions on the GIs protection increases trade between its members. The findings support one hypothesis that the more protected GIs the exporting country has, the higher the volume of exports of GI protected goods. Based on this result, we analyse the current situation of the GIs protection in Russia and indicate the positive trends in development of the national legislation and modern challenges in the implementation of GIs protection for the national development. The federal and regional support as well as the changes in the business strategies could lead to an increase in the Russian competitiveness. GIs could encourage the brand origin and promote the Russian products on the foreign markets.

Additional Protection for Geographical Indications in India: A Critical and Empirical Analysis of Working of Section 22 (2) of Indian GI Act

While Article 22 of the TRIPS Agreement grants a common minimum standard of GI protection to all goods, by virtue of Article 23 of TRIPS, ‘wines and spirits’ are given a higher level or additional protection, which is a complimentary protection in addition to the Article 22 common protection. At the national front, India has the highest registrations of GIs in agricultural and handicrafts classes of goods. Section 22 (2) and (3) of Geographical Indications of Goods (Registration & Protection) Act, 1999 enable India to grant additional protection to ‘certain goods’ - the expression ‘certain goods’ is not defined in the Act. Section 22 (2) grants the Central Government, the authority to provide additional protection to certain class of goods by publishing a notification in the Official Gazette to that effect. When Article 23 of TRIPS Agreements qualifies for higher level protection only wines and spirits; the Indian GI statute does not restrict the additional protection to any specific class of goods. This paper critically examines the ‘working of section 22 (2) of Indian GI Act.’

ЯКІСТЬ ВІТЧИЗНЯНИХ КОНЬЯКІВ У КОНТЕКСТІ ЄВРОПЕЙСЬКИХ НОРМ ЗАХИСТУ ГЕОГРАФІЧНИХ ЗАЗНАЧЕНЬ ТОВАРІВ

As part of the signed Association Agreement with the EU, Ukraine undertook a number of obligations to harmonize its legislation with European standards, which gives our country the opportunity to import its products into the countries of the European Union almost without restrictions. Namely, the laws that will regulate the use and protection of geographical names for agricultural products and food products, as well as for wines and spirits. This identifies the product by a specific geographical location (not a geographical name), has a special quality, reputation, or other characteristics that are largely attributable to its origin. This indicates the quality, authenticity, uniqueness of the product and serves as a tool for added value and profit. To date, due to military restrictions, Ukrainian manufacturers have suspended the process of changing the names of some domestic products, which are borrowed European geographical names and should not be used both on the foreign and domestic markets. The article examines the problems associated with the preparation of Ukrainian legislation for the registration and protection of geographical indications of alcoholic beverages, namely cognac. Cognac occupies a special place among all alcoholic beverages in the world. Today, in order to obtain the status of the geographical territorial indication IG Cognac, the drink must meet the specifications that were approved by the French decree «Cahier des charges». For the production of cognac, the law allows the use of only grapes of certain varieties, which is also related to climatic and historical conditions. The article describes the characteristics and unique properties of French cognacs (certain grape varieties, climatic conditions, production technology), as well as brief information about the most popular and oldest cognac houses in France. Most cognacs of Ukraine are not competitive on the international market in terms of the name of the drink and organoleptic and physicochemical indicators. In order to identify the compliance of the quality of alcoholic beverages with the norms of Ukrainian standards, an examination of samples of domestically produced cognacs sold in the retail network was carried out.

Pisco: An endless conflict for its geographical indication or an opportunity for international collaboration?

Pisco is a brandy produced from the distillation of wine, which is indissolubly linked to the history and national identity of Chile and Peru. The rivalry over the pisco’s geographical indication (GI) has a long history, mainly grounded on political claims rather than practical reasons. The article examines the historical background of the animosity, the arguments of each party to support their position and the impacts of the current international GI protection of the product (both from a financial and legal perspective). We conclude that a cross-border protection, allowing a joint binational exploitation of the spirit’s GI, is the best commercial strategy to increase the recognition and value of pisco in the international markets, which in turn, would benefit local economies and producers and notably encourage the cultural integration of both nations.

THE ESTABLISHMENT OF GEOGRAPHICAL INDICATION PROTECTION COMMUNITY (GIPC) AS A LEGAL PROTECTION MSME’S PRODUCTS

A geographical indication is a part of intellectual property rights (IPR), which plays an important role in international trade as a magnet for consumers for MSMEs' products. However, the geographical indication is still underestimated by MSME players; and therefore, this issue requires further attention and analysis as the efforts to study the essence and urgency of the Geographical Indication Protection Community (GIPC) in supporting the realization of legal protection in regencies and cities throughout Indonesia. To support the investigation process, a case-based approach is required with primary and secondary research material sources through literature studies that correlate with business actors, rule of law and government. This study is doctrinal or normative research with qualitative data analysis. Efforts to establish Geographical Indication Protection Community (GIPC) are significant in assisting local MSME players to register legal protection through geographical indications and bridge local MSME players, local government, and stakeholders in sharing resources or information that can increase product competitiveness in regencies and cities in Indonesia on both national and international market scales.

Les règles internationales de protection des indications géographiques vinicoles : perspectives passées, présentes et futures

Cette présentation retracera les principales étapes de l’adoption des règles internationales régissant la protection des indications géographiques pour les vins. Elle présentera et discutera des problèmes et débats actuels et futurs.À la fin du XIXe siècle et au début du XXe siècle, les premières conventions internationales relatives à la protection des indications géographiques ont été adoptées. La plus ancienne, la Convention de Paris (1883), qui concerne tous les droits de propriété industrielle, contient des dispositions sur les “indications de provenance ou appellations d'origine” (depuis la révision de 1925). Les accords ultérieurs conclus sous l'égide de l'Union de Paris (l'Arrangement de Madrid de 1891 et, plus important encore, l'Arrangement de Lisbonne de 1958) définissent un cadre international pour la protection des indications géographiques. L'Arrangement de Madrid distingue notamment les indications géographiques pour les vins en leur accordant un degré de protection supérieur à celui des autres IG. Ainsi, la place particulière des vins dans le commerce international sera abordée. L'Arrangement de Lisbonne a établi un cadre de protection beaucoup plus développé et offre des perspectives d'avenir prometteuses puisqu'il a été révisé en 2015 par l'Acte de Genève et que l'Union européenne en deviendra bientôt membre.Du point de vue du commerce, la convention clé est l’Accord sur les ADPIC, signé en 1994 en tant qu’annexe à l’Accord de l’OMC. Ses dispositions concernant les indications géographiques seront analysées, en particulier l'art. 23 qui concerne spécifiquement les vins et spiritueux. Étant donné que l’Accord sur les ADPIC contient plusieurs sujets litigieux, les débats en cours seront discutés, ainsi que les voies possibles pour aller de l’avant.

The rational construction of a universal register for distinctive wines and spirits GIs against dilution

AbstractArticle 23.4 TRIPs instructs World Trade Organisation members to negotiate a multilateral system of notification and registration of geographical indications (GIs) for wines (extended to spirits at the 1996 Singapore Ministerial Conference) to facilitate the protection of GIs. Much has been written about moral rights, law and economics and cultural protection as less rational justifications for the enhanced protection of wines and spirits GIs. This article explores the rational justifications of enhanced protection of wines and spirits GIs against dilution through the lens of universality, and distinctiveness. Subsequently, this article provides an updated analysis of four proposals for a multilateral register for wines and spirits GIs that have not led to a consensus between the Old and New World countries. Therefore, this article is proposing the construction of a multilateral register by combining the best elements of these proposals, measured along the yardstick of universality and distinctiveness and maps the contours of the bargaining space between the Old and New World countries in regard to the determination of genericism, to spark new interest in breaking the stalemate between the Old and New World countries in regard to fulfilling the mandate of Article 23.4 TRIPs.

On Feta and Fetta: Protecting EU geographical indications in Australia

AbstractThe European Union (EU) protects about 1500 regional specialty foods such as Feta cheese and Gouda Holland. However, this geographical indications (GIs) protection does not automatically extend to other jurisdictions. This article tests a theory of EU demands for GIs in EU–Australia trade negotiations, using newly coded data on EU GI names in Australian supermarkets. Focusing on cheese, it confirms that the EU seeks protection for GIs where the authentic EU GI products are well established. The demand for protection does not seem to be driven primarily by current non‐GI uses of GI names, since a qualitative analysis reveals few product names that would be banned if EU demands are granted by Australia. These findings imply that Australian negotiators and producers should be less afraid of losing currently established generic food names—a fear that is especially present in the United States, which has strongly opposed the protection of GIs worldwide.

Protection of geographical indications and cross‐border trade: A survey of legal and regulatory frameworks in East Africa

AbstractGeographical indications (GIs), one of a subset of intellectual property rights (IPR), have recently assumed significant role in regulating variety of sectoral policies and national and regional, and international levels. Its relevance makes it one of the critical agenda in areas such as agriculture and international trade. Internationally, the articulation of GIs under TRIPs Agreement remains unclear and leaves policy and regulatory space for each country to choose their own path. The Continental Strategy for Geographical Indications in Africa—2018–2023 has introduced a new dimension about GIs. Legal instruments governing the East African Community (EAC) proffer a harmonized policy and regulatory framework for IPR as one of the means to attain the regional objectives. However, laws governing GIs in the partner states of EAC vary in terms of the nature and scope of protection and the underlying regulatory structures, resulting into heterogeneity in GIs protection in each country. Amid this regulatory dilemma, this paper examines the GIs laws in EAC by bringing to the fore the obtaining substantive and procedural differences amongst the partner states to EAC. The paper, among others, proposes a centralized regional approach for GIs protection to attain EAC's objective.

Rural green tourism standardization and certification system building within the European integration context

The purpose of the research is to determine the organizational, legislative and regulatory framework for the standardization and certification of the rural green tourism as an unconventional business pattern and a type of environmental services. Methods. In the process of research, systematic and integrated approaches were used, which provided a comprehensive study of the problem and the achievement of scientific results. Methodological basis of the research are general theoretical methods of scientific knowledge, in particular dialectic method, system analysis, fundamental positions of general economic theory. The graphical method was used to visualize the structural diagrams. In addition, general scientific and special methods were used in the study such as dialectical, monographic, non-lethal, induction and deduction, which allowed them to be used to determine the organizational, legislative and regulatory framework for the standardization and certification of the rural green tourism. Results. The article discusses issues concerning the legislative and regulatory framework for the standardization and certification of the rural green tourism in Ukraine. Methodological approaches how to standardize and certify the rural ecotourism are presented too. Innovative factors, having an impact on the rural green tourism evolution in the Ukrainian regions, have been indicated herein. Some attention has been focused on the need for the ecological certification and audit of the various territories, administrative regions, natural and economic systems of the country in general. The necessity of using marks for the legal protection of geographical indications has been determined. It has been proven that the voluntary ecological certification certifies some compliance with the requirements of laws, technical regulations, best practices, good rules, national and industry standards both for the tourism and, in general, for the adherence of requirements as to the environment quality maintenance. Practical meaning. A rural ecological tourism standardization and certification system, accelerating the adaptation of the Ukrainian regulatory and legislative framework to the EU standards, improving the tourism product quality, based on European standards and environmental regulations, helping attract foreign investments and develop the rural green tourism infrastructure and material bases, has been built grounding on the deep study of the present issues. Prospects for further research. The results obtained herein determine the need for the further improvement of the methodological criteria developed for the certification of rural green tourism farmsteads. It will lead to the market promotion of environmental services, to the increase in the number of foreign tourists and to the rise in the competitiveness of Ukraine as the player of the international market of tourist services.

MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.

Valuing local heritage: Issue and challenges of geographical indication protection for local artisans in Indonesia Kasongan village heritage

AbstractMany studies and research that are emphasizing on intellectual property rights (IPR) tend to be focused on standardized products in established markets. This study comes from one fundamental inquiry; how to determine the value of IPR for creative products, in this case, the product of art such as handicraft? This study paper presents a study case focusing on analyzing the IPRs for handicraft products especially pottery crafts in Kasongan, Bantul, Yogyakarta, Indonesia. This study focused on the evaluation of geographical indication (GI) from its juridical impact to legal protection. The data were carefully collected through library studies and field studies. The analysis begins with data collection, data reduction, data presentation, and finally, the conclusion. From this study it is found that GI legal protection will be financially beneficial for Kasongan pottery craftsmen, thus increasing its urgency to be registered in GI to sustain the industry. Furthermore, this study also describes Kasongan product's characteristic that has different characteristics from earthenware and handicraft products from other regions in Indonesia. This study focused to complements the literature on managing and evaluating GI regulation particularly in Indonesia, while discussing current situation, problems, and challenges ahead.

Enhancing geographical indications protection in India for community relevance

AbstractGeographical indications (GI) rights are unique as they have a regio‐cultural basis and involve the knowledge and skill of communities. The enactment of the Indian GI Act 1999 was aimed to improve the economic status of the communities and key products for export by registration of GI. Analysis of the inspection body particular, institutional mechanism, and registration process revealed the need for elaboration of GI protection mechanism. Of particular significance is the need to protect the reputation of GIs, strengthen the local registration mechanism, and identify a mechanism for monitoring and conservation of GI. Analysis of food GI such as Bardhaman Sitabhog and Mihidana provide insights on the need for an enhanced protection mechanism to be provided under the GI Act and the rules which have a significant bearing on the post GI sustenance.

Las indicaciones geográficas en el Acuerdo de Asociación entre MERCOSUR y la Unión Europea

Based on the conditions imposed by the European Union on MERCOSUR for the negotiation of the association agreement, referring to the protection of geographical indications, the demands of each party are identified and contrasted. The hypothesis assumes that the EU's ideal of supranational cooperation is to promote integration among developing countries and cooperation with these countries, as a contribution to their growth and development. We sought to verify this hypothesis by analyzing the requirements of each party regarding geographical indications, understanding these as the names that identify a product as originating from the territory of a member of the regional association, a region or locality of that territory. Methodologically, the extensive list of geographical indications that both parties agreed to protect each other was reviewed, where the extensive EU list contrasts with the narrow MERCOSUR list. It is concluded that the spirit of negotiation of the commitments that will regulate the protection of these geographical indications is opposed to the supposed will of the EU to promote integration and cooperation, given that its requirements exceed those indicated by the WTO; that the result of the application will possibly have a negative impact on trade relations between the MERCOSUR countries and that the negotiation calls into question the spirit of EU integration and cooperation with the MERCOSUR.

The Review of Communal Rights on Geographical Indications: Communal Standpoint as Constraints to Legal Protection

This study analyzed the protection of Geographical Indications on Trademarks and Geographical Indications is regulated in Law Number 20 of 2016. However, as a communal right, Geographical Indications are quite unique. Not only the stages of the process, such as production process, organization, and quality assurance, are quite complex, but also their process requires key conditions, such as, the awareness and the willingness from the local community to protect the local Geographical Indications. When the idea of protecting Geographical Indications is met with resistance from the local community, the communal entitlement to the Geographical Indications needs to be questioned.

Peranan Pemerintah Dalam Meningkatkan Produk Indikasi Geografis di Indonesia

In addition to the role of government entrepreneurs optimally, proper preparation of human resources is needed. The right human resources will greatly assist in the development of potential geographic indications in Indonesia. As a field of law that is not yet popular among practitioners, academics, and the public, counseling about geographical indications is very important. Academics do not understand and understand about IPR and moreover about geographical indications. Because geographical indication is a new thing in Indonesia. Understanding of geographical indications is new in Indonesia. Understanding of geographical indications requires socialization to prevent violations of these geographical indications.
 The government's role in increasing geographical indication products in Indonesia is through the government's efforts to increase the utilization of geographical indication products in Indonesia, namely by maximizing the utilization of geographical indications where in this case the government is represented by the Ministry of Industry and Trade (Depperindag), namely by providing guidance and conducting searches and collecting data and forming cross-departmental collaborations that are relevant nationally and internationally.
 To resolve the unlawful abuse of geographical indications in Indonesia, the government can make its own provisions in the Geographical Indication Law or add articles in the trademark law which explicitly regulates the legal protection of geographical indications which refers to the Monopoly and competition Law. unhealthy business, for fake and misleading goods.