Protection Of Geographical Indications Research Articles

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.

Workshop Kekayaan Intelektual sebagai Upaya Peningkatan Pemahaman dalam Rangka Pengenalan dan Perlindungan Indikasi Geografis Minyak Kayu Putih Namlea Pulau Buru

Introduction: Indonesia is a country that has many natural resources that have the potential to be related to Geographical Indications, one of which is Putiah Wood Oil originating from Buru Island.Purposes of Devotion: To provide efforts to increase understanding in the context of the introduction and protection of Geographical Indications of Eucalyptus Oil on Buru Island. Method of Devotion: The method used in this activity is in the form of a workshop for the Office of Cooperatives, the Department of Tourism, the Department of Industry and Trade, the Department of Fisheries, the Department of Agriculture and Micro, Small and Medium Enterprises in Namlea, Buru Regency through material presentation and questions and answers.Results of the Devotion: Eucalyptus Oil until now has not Registered as a Geographical Indication product. If this is allowed, it is possible that at one time there could be disputes related to unilateral claims or public deception. Eucalyptus Oil on Buru Island has the potential to be protected as a Geographical Indication and provides legal certainty for Eucalyptus Oil if registration is the main requirement for Wood Oil to obtain legal protection.

Geographical Indication Protection of Tenun Gringsing Bali Fabric as A Society Cultural Heritage in Tenganan Pegringsingan

The Kain Tunun Gringsing Bali is a cultural heritage of the people of Tenganan Pegringsingan Village and has a philosophical value and sacred meaning behind every motif of the Balinese Tunun Gringsing cloth. In October 2016 the government has issued a Geographical Indication Protection certification for the Bali Gringsing Tunun Fabric. The purpose of writing this paper is to examine the granting of Geographical Indication Certificates to Bali Gringsing Tunun Fabrics both in terms of production and sales. The research in this article uses empirical legal research methods. The results of the study found that the evaluation after obtaining a protection certificate showed that there was no significant impact on the productivity of the Balinese Tunun Gringsing fabric craftsmen. This is due to the lack of socialization after and data collection so that it cannot be done in a concrete way the perceived impact of getting the exclusive right to protect the geographical indications of the Kain Tunun Gringsing Bali

An Analysis of Consumer Evaluations of the “Tagonoura Shirasu” Certification under the Japan Geographical Indication Protection System

Over time, the Geographical Indication (GI) protection system has been independently adopted in more than 100 countries worldwide. In Japan, the GI protection system has been operating since 2015 in response to a growing interest in local brands. Therefore, based on a questionnaire survey, we econometrically analyze the consumer evaluation of Shizuoka Prefecture’s Shirasu “Tagonoura Shirasu,” which is registered under the GI protection system. Shirasu is a collective term for long and narrow larvae such as anchovy (Engraulis japonicus), sardine (Sardinops melanostictus), or red-eye round herring (Etrumeus sadina). Based on the contingent valuation method, we clarified that consumers' additional willingness to pay (WTP) for Tagonoura Shirasu was approximately 8.2% compared to the Shirasu produced in Shizuoka Prefecture, which has not been certified under the GI protection system. Moreover, eight characteristics of consumers with a high WTP were revealed: they have purchased Shirasu within the last year, attach importance to freshness when buying seafood, have a greater awareness of regional production standards when purchasing seafood, purchase foodstuffs linked to the revitalization of production areas and regions, show little regard for buying products as cheaply as possible when purchasing foodstuffs, know about the GI protection system in greater detail, are male, and have a high annual household income. To further enhance the economic value of Tagonoura Shirasu, it would be effective to target consumers with all eight characteristics for a high WTP.

Trade Effects of Geographical Indications on Turkish Agricultural Products and Foodstuff

Environmental concerns together with social and ethical issues raise consumers’ interest in sustainable production and consumption practices. With rising trends of fair trade and high popularity of organic and local production in recent years, the demand for geographical indication registration has also increased by agricultural producers as a way of transmitting further information to raise reputation of their products. This research aims to assess the impact of geographical indications on export performance of Turkish agricultural products and foodstuffs. Findings reveal that geographical indications increase export revenues. Results communicate an important message to policy makers to promote the protection of geographical indications.

Protection of Geographical Indications in Vietnam: towards Raising the Participation of Producers

This paper aims to review the current situation of the Vietnamese geographical indication (GI) system from both the legal and practical perspectives. It examines how the top-down approach influences the effectiveness and sustainability of the whole system. Further, the paper refers to the European Union (EU)’s experiences, particularly those of France - a representative of the bottom-up approach - to examine whether a shift to the producer-driven approach in GIs is workable in Vietnam. The paper argues that more active roles should be vested on producers represented by their associations during the course of establishment and management of GIs. Taking into account the capacity of producers and their associations in this current stage, the paper suggests a transition period before the producers assume the leading role in the whole system. During that period, it is recommended to endorse the producers’ role through legal recognition of the producers’ representative organizations, capacity building, and awareness-raising for producers and their associations to achieve desirable outcomes for GI development.

China 2020 trade mark round-up

In many respects, the past year has been like no other. Notwithstanding the difficulties created by the pandemic, in 2020 China’s IP and trade mark record remained remarkable, with many strands of innovation and growth. Looking merely at numbers, China was, as always, very impressive. The China National Intellectual Property Administration (CNIPA) released its statistics earlier this year: the number of registered trade marks in China in 2020 was 5.7 million, while Chinese administrative authorities examined 149,000 trade mark disputes and concluded 358,000 trade mark review and adjudication cases. In addition, since in China the protection of geographical indications (GIs) is achieved mainly via trade marks, it is worth noticing that, as of the end of 2020, there were 6,085 registered GI trade marks. This round-up consists of two parts. First, it reviews some general trends bearing important consequences on the field of trade marks, notably the digitalization of...

Geographical Indications for agricultural products and foodstuffs in the EU: to what extent does the protection level match the scope of the subject matter?

To recognize an origin-linked production model and the typicity of the products, the European Union (EU) has introduced the Geographical Indication (GI) protection regime. By requiring that relevant production steps must take place in the defined locale, the regime confers exclusive production rights on the local producers. There are two GI categories in the EU. The first is Protected Designation of Origin (PDO), covering products with a qualitative link to both natural and human factors in the designated region. The second is Protected Geographical Indication (PGI), the scope of which overlaps with PDO and covers products that have a qualitative or reputational link with their regional origin. This article examines whether exclusive rights are necessary and appropriate to fulfil their objectives and argues that these rights, when extended to human factors and reputation, cannot always be justified. It is argued that the overlapping scope of the subject matter undermines the ability of these two GI protection categories to provide transparent and trustworthy information for consumers. Finally, this article proposes to redefine the scope of the subject matter and the protection level for PDO and PGI by approaching the product/origin link from a resource utilization, integration and sustainability perspective. *Corresponding author: Jianmei.Gao@vub.be. The research for this article was partially funded by Vrije Universiteit Brussel/China Scholarship Council Joint Scholarship and the National Social Science Fund of China (Grant No. 16 ZDA236).

The Effect of Geographical Indications (GIs) on the Koerintji Cinnamon Sales Price and Information of Origin

This paper focuses on the impact of the geographical indications (GIs) of Koerintji cinnamon on its value chain. The study was performed from September 2017 to November 2017 in Talang Kemuning, Kerinci regency, Indonesia. A village farmers’ group was surveyed using a semi-structured questionnaire, roundtable discussions, interviews, and direct observations to understand whether the GIs improve income, source of production, and promote product quality. Using a descriptive method, the literature on the topic was analyzed, and a value chain study was structured from the review’s findings. This helped us to better understand how GIs’ effects are dispersed among the chain actors and eventually enter the areas from which GI commodities originate. GIs generate added value, especially for farmers and buyers. Specifically, by using the GI Koerintji cinnamon’s handbook of requirements, the efficiency of farmers and buyers has improved. The studied population included farmers from Koerintji Cinnamon Jambi Geographical Indication Protection Society (MPIG-K2J) and Tani Saktik Alam Kerinci (TAKTIK), a farmer group. To obtain a GI, TAKTIK had to implement good agriculture practices and good manufacturing practices based on the handbook. Results show that farmers developed a system to monitor post-harvest handling in assuring a safe and high-quality supply to the global spices market. Following the book requirements, TAKTIK members follow specific procedures, including selecting raw materials, grading, origin verification, and quality control. Furthermore, GIs enable farmers to claim a price premium. As a result, GI Koerintji cinnamon’s presence has added value and credibility to TAKTIK farmers, leading to price improvement.

HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS

The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.

Making Farm-to-Fork Front-of-the-Pack: Labelling a Sustainable European Diet

European Union (EU) policies have been evolving beyond the protection of consumers through food safety protocols to the promotion of healthy and sustainable diets. The European Commission’s Farm to Fork Strategy—the most recent step in this evolution—addresses challenges facing European agriculture and proposes measures for creating a more resilient as well as sustainable food system, which includes a plan for product labelling. The effort to improve information conveyed to consumers through product labelling is a long-standing and ongoing phenomenon, and different front-of-pack voluntary labels presently co-exist across EU Member States. One objective of the Farm to Fork Strategy is to harmonize them; a second objective, no less important, is to add ‘sustainability’ as an additional quality to be certified through labels. Yet, adopting some of the current models of voluntary front-of-pack labels—in order to better promote both dietary health and sustainability—might conflict with already-established measures implemented by the Common Agricultural Policies, such as Geographical Indication protection for agri-food products. Furthermore, influencing consumers’ behaviour through labelling should not be regarded as equivalent to ‘empowering’ consumers in terms of nutrition and sustainable choices. Labelling needs to be complemented by higher levels of policy interventions—incentives/disincentives or even policies that limit or restrict choices—in order to rebalance power in the food supply chain and to induce a change in the complex social practices of food consumption. This paper examines the Farm to Fork Strategy through an analysis of EU policy documents, existing literature, and the discussion of a case study—with particular attention paid to the role of labels in promoting healthy and sustainable diets as well as the possibility of new sustainability criteria for products certified with Geographic Indications.

Geographical indications and trade: Firm-level evidence from the French cheese industry

The protection of geographical indications is now an important feature of trade agreements. In this paper, we examine whether geographical indications are valued by foreign consumers and whether they have implications for trade at firm level. We use firm-product level data from French Customs and a unique dataset of firms and products concerned by Protected Designations of Origin (PDO) in the cheese and butter sector. Our estimations show that PDO varieties are perceived by consumers as varieties of higher quality than non-PDO varieties and that the prices of PDO varieties are 11.5% higher than those of non-PDO. Firms producing PDO varieties do not export higher volumes, but benefit from a better access to European markets and to countries with a similar policy about geographical indications. The inclusion of some GI varieties in trade agreements may thus constitute an opportunity for PDO producers to increase their market access.

Географічні зазначення. Інформаційні ресурси Європи та їх роль. Висновки для України

Визначена зміна моделі поведінки споживача. Визначена необхідність охорони географічних зазначень України. Визначена відсутність зазначень України в базі Єврокомісії. Зазначено необхідність з боку держави просвітницької діяльності та сприяння реєстраціям на рівні держави.
 A change in consumer behavior patterns has been identified. The necessity of protection of geographical indications of Ukraine is determined. The absence of an indication of Ukraine in the database of the European Commission has been determined. The need for state education and promotion of registration at the state level has been identified.

The Impact of Protecting EU Geographical Indications in Trade Agreements

The European Union protects over 1,000 Geographical Indications for distinctive regional foods such as Parma ham and Feta cheese. This paper tests whether external protection of Geographical Indications through trade agreements has increased exports of European Union Geographical Indications. The answer matters for trade policy, because the protection of at least some Geographical Indications has been a red line in recent trade negotiations. We use detailed export data for cheeses, covering the 2004–2019 period. The analysis uses the latest trade models that take into account the possibility of zero‐trade flows for certain goods. We find that legal protection of Geographical Indications in trade agreements does not generally lead to significant additional exports above and beyond the general export‐promoting effects of trade agreements. This finding should limit international fears of protected Geographical Indications widely displacing comparable products made outside of the European Union. However, although there is no significant effect across the board, more detailed analyses do find significant effects. In particular, Geographical Indications of higher quality and with higher market shares do benefit from stronger external legal protection. Based on these findings, the European Union may want to refocus its demands for protection of Geographical Indications during trade negotiations.

Representativeness in Geographical Indications: A Comparison between the State-Driven and Producer-Driven Systems in Vietnam and France

This paper explores the issues of representativeness and participation in the collective processes involved in the elaboration of the geographical indications (GI) specifications and the governance of the GI initiatives. The objective is to understand the relationship among collective dynamics, representativeness of relevant stakeholders, and the legal frameworks for the protection of GIs. Using a qualitative methodology based on an analysis of six case studies in France and Vietnam, we show the role of the law in shaping the different ways of understanding and implementing the concept of representativeness in the French producer-led and the Vietnamese state-driven approaches to GI protection. In France, the GI specifications result from negotiations among all legitimate stakeholders, which may prove long, complex, and lead to standards that can continue to be challenged after the GI registration. We also argue that the rules for the representation of all GI users in the decision-making processes do not necessarily lead to fairness. In Vietnam, local stakeholders usually have a consultative role under the authority of the State, resulting in their little understanding and low use of the GI. Their empowerment is further hindered by the involvement of state authorities in the management of the producers’ associations. We conclude by discussing in-between solutions to promote the producers’ representation and participation.

Protection of Geographical Indications of Goods of Bangladesh

Protection of Geographical Indications of Goods of Bangladesh

A closer look at the elephant in the room: the distinctiveness of geographical indications

The term ‘distinctiveness’ is used in trademark law to refer to the capacity of a trademark to distinguish the goods of one undertaking from those of other undertakings. The importance of this concept can be seen in Article 15 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which provides that any sign having distinctiveness shall be capable of constituting a trademark. Gradually, ‘distinctiveness’ has come to be used to describe the distinguishing capacity of other distinctive signs, including geographical indications (GIs). This article explores the distinctiveness of GIs. It begins with a discussion of the meaning of GI distinctiveness in the different GI protection contexts to reveal its particularity compared to the traditional concept of trademark distinctiveness. The second part of the discussion shows, however, that the concept of GI distinctiveness is not given sufficient importance in the protection of GIs, and is confused with the distinctiveness of collective or certification marks. This article therefore calls for an approach that recognizes the importance and the particularity of the distinctiveness of GIs in the design of GI protection mechanisms.

Current and future protection of Geographical Indications in Australia

Current and future protection of Geographical Indications in Australia

Geographical indication protection for non-agricultural products in Indonesia

Indonesia has a diverse culture and biodiversity held by indigenous and local communities. Accordingly, this country has a special interest in a system of protection based on Geographical Indication (GI) because of the communal nature of GIs. Today, Indonesia has implemented the mandate to protect GIs provided by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) through Indonesian Law Number 20 Year 2016 about Trademarks and Geographical Indications (TM & GIs Law 2016), which regulates the protection of national and oversea GIs in the country. In the aforementioned context, this article explores the current protection granted to non-agricultural products as GIs and compares this protection to that awarded to agricultural products, which are more commonly registered as GIs. This article starts with an analysis of the classification system of GI products in the Indonesian legal practice, which regulated the registration of non-agricultural products prior to the enactment...

A Transfer Learning Method for the Protection of Geographical Indication in China Using an Electronic Nose for the Identification of Xihu Longjing Tea

Xihu Longjing (XHLJ) tea is one of the most precious teas in China; however, illegal dealers mislabel lower-quality teas as XHLJ tea and introduce them to the market. A rapid, easy, and accurate approach for the detection of the producing area and harvest time is necessary to protect the geographical indication of XHLJ tea as a Chinese product and to maintain market order. In this study, a MOS-based electronic nose (E-nose) was applied to distinguish different qualities of XHLJ tea. A transfer learning method called TrLightGBM (a combination of a transfer component analysis (TCA) strategy and a LightGBM classifier) is proposed to solve the problem of the differences in the distributions of data measured by the E-nose over long intervals, and can improve the classification accuracy of the XHLJ tea. Experimental results demonstrate that the proposed TrLightGBM model achieved the best performance for the identification of different producing areas and harvest times as compared to five other machine learning models (the support vector machine, random forest, XGBoost, LightGBM, and backpropagation neural network). The proposed TrLightGBM model can avoid the data re-collection and waste of the E-nose, and is a potential tool to maintain order in the Chinese tea market and promote the practical application of E-nose devices.