European Commission Directorate-General for Trade

Geographical indications

Geographical Indications (GIs) are a type of intellectual property. They are forms of identification which identify a product as originating in a region or locality in a particular country. For a GI product, its reputation for quality or authenticity is intimately linked to its geographical origin.

Geographical Indications are very important in the EU, which has a rich history of local and specialist agricultural production and many famous products closely linked to their place of origin: think of Parma Ham, Roquefort cheese or Champagne.

Wider protection for Geographical Indications from around the world is a key goal for the EU in the ongoing WTO Doha Round of world trade negotiations.

What makes a geographical indication?

Geographical Indications are usually geographical names. But non-geographical names can also be protected if they are linked to a particular place. The most famous example of such a GI is Feta cheese, which is not named after a place in Greece, but is so closely connected to Greece as to be identified as an inherently Greek product.

There are three major conditions for the recognition of a sign as a geographical indication:

• it relates to a good although, in some countries, services are also included;
• these goods must originate from a defined area;
• the goods must have qualities, reputations or other characteristics which are clearly linked to the geographical origin of goods.

Why do Geographical Indications matter?

Over the years European countries have taken the lead in identifying and protecting their Geographical Indications. Many famous GIs today have origins in developed countries, for example, Cognac, Roquefort cheese, Napa Valley wines, Scotch whisky, Sherry, Parmigiano Reggiano, Teruel and Parma hams, Tuscany olives, and so on.

However, GIs are also important for developing countries. GIs can protect and preserve intellectual property related to traditional cultures, geographical diversity and production methods. All nations have a wide range of local products that correspond to the concept of a GI - Basmati rice or Darjeeling tea - but only a few are already known as such or protected globally.

Better protection of GIs can be a useful contribution to increasing income, in particular in rural areas. It also encourages quality production and can promote the development of tourism. GIs grant protection to a community and not to individual right holders.

Since consumers are often ready to pay more for GIs products, people from outside the region may be tempted to appropriate the GI for their own products. This not only misleads consumers, but it also dilute the GI value as well as discourages producers from making investment decisions or launching expensive marketing campaigns.

Consequently gains resulting from marketing GIs need to be accompanied by prevention of their loss of value through copying, or free riding. This requires intense and costly legal efforts that small rural communities can rarely afford. This is why GIs need an enhanced protection. This is something the EU has been pushing for in the ongoing Doha WTO trade negotiations.

Geographical indication handbook

In order to:

• Increase the frequency of EU right-holders use of domestic and WTO members' laws and regulations implementing WTO and bilateral agreements on geographical indications;
• Increase the overall level of awareness among the EU industry on the mechanisms available outside Europe to assert their exclusive rights and ensure protection for their geographical indications

The Directorate General for Trade has commissioned and financed the publication of a GI Handbook entitled Geographical Indications and TRIPs: 10 Years Later… A Roadmap for EU GI holders to get protection in other WTO Members (2007).

This Handbook should allow right-holders to maximise the outcome of TRIPs and, thus, in the long run, diminish the overall level of usurpation of EU GIs. The first part of the Guide consists of three major chapters, with the objective of providing general information on the protection of GIs internationally, as well as a summary of some of the problems faced in seeking this protection. The first section of Part I is an introduction to the protection of geographical indications in international law. This section explains the provisions of relevant international treaties and, in particular, the TRIPs Agreement. It also examines the role that EU bilateral agreements have for the protection of GIs. The second section contains some examples of difficulties encountered by EU producers of products with Protected Designations of Origin and Protected Geographical Indications in protecting their names outside the EU. The final section of the Guide provides recommendations and suggestions to all producers of products with PDO and PGI signs in obtaining protection of their names outside the EU.

The second part contains 160 country review-tables setting out the main requirements for getting protection in these countries.

• First part: Geographical indications and TRIPs: 10 Years Later… A roadmap for EU GI holders to get protection in other WTO Members
• Second part: Protection of Geographical Indications in 160 countries around the world

In order to keep this guide as accurate and useful as possible, any developments on the relevant sections can be communicated via the Trade IP GI mailbox.

Study on the protection of geographical indications for products other than wines, spirits, agricultural products or foodstuffs

The Directorate General for Trade has commissioned in 2009 a Study on the protection of GIs for non-agricultural products. This Study, carried out by Insight Consulting together with oriGIn and AGRIDEA, was finalised in November 2009.

The Study analyses 28 non-agricultural products enjoying protection at national level:

• 18 products from 13 Member States: Austria, Belgium, Czech Republic, France, Germany, Hungary, Italy, Poland, Portugal, Spain, Sweden, The Netherlands, UK.
• 10 products from 5 third countries: China, Russia, India, Switzerland and Brazil.

The Study contains a comparative economic and legal analysis of the protection systems available to these products (protection through a specific sector law; sui generis GI protection system; trademark law protection, protection through other legislation such as unfair competition law and cultural heritage legislation). Finally, the Study includes some conclusions on the strengths and weaknesses of the protection systems identified.

The conclusions and opinions expressed in this Study are those of the Consultants and do not represent the views of the European Commission.

• Study on the protection of GIs for non-agricultural products

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