Detailed Summary of Chapter 1: Geographical Indications

Introduction to Geographical Indications (GIs)

Geographical Indications (GIs) are marks used to identify the geographical origin of goods or
services. They are primarily aimed at promoting commerce by informing customers about the
product's origin, which often implies a certain desired quality. GIs are applicable to both
industrial and agricultural products (p. 1).

• Historical Context: The concept of GIs can be traced back to ancient Greece. For
instance, wines from the island of Tasos were marked with inscriptions indicating their
origin and distinctive quality. Modern GIs, however, are recognized as a significant
achievement of French jurisprudence (p. 1).

Key Examples of Geographical Indications

• Wine and Spirits: Common examples include "Champagne" for sparkling wine from
the Champagne region of France and "Cognac" for brandy from the French Cognac
region.
• Other Products: Examples extend to Cuban tobacco, Roquefort cheese, and certain
industrial products (p. 1).

Distinction Between GIs and Trademarks

• Trademark: A sign used by individual companies to distinguish their goods or

services from competitors.
• GI: Indicates the regional origin of a product and must be available for use by all
producers in the respective region, such as Bordeaux or Champagne (p. 1).

Protection Mechanisms for GIs

There are several systems for protecting GIs:

1. Sui Generis Legislation: Used in countries like France and Portugal.

2. Registration Systems: Registers exclusively for GIs.
3. Unfair Competition and Passing Off: Legal actions against practices misleading
customers about product origins (p. 2).

International Protection of GIs

• Paris Convention (1883): Identifies GIs as intellectual property but provides limited
definitions and remedies against unlawful use.
• TRIPS Agreement: Defines GIs as indications linking a product's quality, reputation,
or characteristics to its geographical origin. TRIPS requires World Trade Organization
(WTO) members to protect GIs and offers heightened protection for wines and spirits,
even in the absence of confusion or unfair competition (p. 2).

Types of Geographical Indications

 • Appellations of Origin: A subtype of GIs with stricter criteria, requiring a product's
quality to be exclusively attributable to its place of origin. Examples include
Roquefort cheese, which derives its unique taste from maturation in the caves of the
Roquefort region (p. 3).

Multilateral and Bilateral Agreements

• Bilateral Agreements: Countries exchange lists of GIs to protect them reciprocally.

• Lisbon Agreement: Facilitates international registration and protection of
appellations of origin under the administration of the World Intellectual Property
Organization (WIPO) (p. 3).

Challenges in Global Protection

The lack of uniform systems for GI protection across countries leads to complexities in
achieving global recognition and enforcement. Exceptions under TRIPS allow continued use
of long-established GIs or those used in good faith (p. 3).

Scope of Protection

International treaties, including the Paris Convention, Lisbon Agreement, and TRIPS, apply to
all products, not just agricultural ones. This ensures a broad scope of GI protection across
different industries (p. 3).

This summary provides a foundational understanding of the legal framework, historical

evolution, and challenges surrounding Geographical Indications, focusing on key international
agreements and the distinction between GIs and trademarks. The chapter also emphasizes the
importance of bilateral and multilateral agreements for broader protection and enforcement.

Detailed Summary of Chapter 2: Geographical Indications and the European

Union

Introduction to the EU’s Framework for Geographical Indications (GIs)

The European Union (EU) employs a comprehensive strategy to protect Geographical

Indications as part of its intellectual property (IP) system. This strategy ensures the proper
functioning of the EU single market by safeguarding the quality and reputation of specific
goods associated with geographical regions. The EU employs a sui generis system for GI
protection, focusing on agricultural products, wines, spirits, and aromatized wines (p. 4).

Key Elements of EU's GI Protection Framework

1. Scope of Protection
 • Agricultural Products and Foodstuffs: The EU emphasizes identifying products
whose reputation and quality are strictly linked to their geographical origins. This
includes legal provisions that protect the integrity of GIs and prevent their misuse (p.
4).
• Non-Agricultural Products: These products enjoy protection through national-level
consumer protection laws, unfair competition laws, specific regional laws, trademarks,
and in some cases, sui generis systems for GIs. Many non-agricultural products are
protected through a combination of legal instruments (p. 4).

Legal Evolution and Legislative Framework

2. Development of EU GI Systems

• Wines: The EU initiated protection for wines under the Common Market Organization
of Wine in 1970, later updated in 2008 to align with principles for agricultural
products and foodstuffs.
• Spirits: The framework for spirit drinks was established in 2008, focusing on
definitions, labeling, and GI protection.
• Agricultural Products and Foodstuffs: A harmonized registration system for GIs
was first introduced in 1992 and was subsequently refined in 2012 and 2014.
• Aromatized Products: A distinct framework for aromatized products came into effect
in 2014 (p. 4-5).

3. Regulation No. 1151/2012

This regulation serves as the cornerstone of the EU’s GI protection system for agricultural
products and foodstuffs. It defines the framework for Protected Designation of Origin (PDO)
and Protected Geographical Indication (PGI) (p. 5).

Categories of Protection

4. Protected Designation of Origin (PDO)

• Products registered as PDOs are those with the strongest link to their place of origin.
This means that:
o Production, processing, and preparation must occur within a defined
geographical area.
o The product’s quality or characteristics must be essentially or exclusively due
to the natural and human factors inherent in that area.
• Example: For PDO wines, grapes must originate exclusively from the designated area
(p. 5).

5. Protected Geographical Indication (PGI)

• Products under PGI emphasize the relationship between a specific geographic region
and the product's quality or reputation.
 o Flexibility: Unlike PDO, PGI allows for certain ingredients to come from
outside the designated area, as long as at least one production stage (e.g.,
processing or preparation) occurs within the region.
o Wine Exception: For PGI wines, at least 85% of the grapes must come from
the region (p. 5).

Legal Enforcement and International Protection

6. EU Legal Protection

• The EU legally protects registered GI product names against imitation and

misuse both within the EU and in non-EU countries where bilateral or regional
agreements exist.
• EU Member States are required to:
o Enforce protections within their territories.
o Prevent unlawful marketing of products using registered GIs (p. 5).

7. International Framework

Non-EU products can also gain GI recognition in the EU if their countries of origin have
bilateral or regional agreements with the EU. These agreements must include mutual
protection provisions for GIs (p. 5).

Traditional Speciality Guaranteed (TSG)

8. Definition and Criteria

TSG is a unique category under Regulation No. 1151/2012, protecting products based on their
traditional character rather than geographical origin:

• Specific Characteristics: TSG products must be distinct from others of the same
category, based on traditional production methods, composition, or use of raw
materials.
• Timeframe for Recognition: A product must demonstrate 30 years of proven
usage to qualify as a TSG.
• Unlike PDOs or PGIs, TSG products do not need to be produced within a
geographically delimited area (p. 5-6).

9. Legal Protection

The registration of a product as TSG safeguards it against falsification and misuse while
reinforcing its traditional reputation (p. 5-6).

Key Provisions
 1. Consumer Protection: National authorities are responsible for enforcing GI
protections, ensuring consumer trust and preventing fraudulent practices.
2. Regulation 1151/2012: Governs both PDO and PGI registration and sets criteria for
GI and TSG recognition.
3. Aromatic Products: Special regulatory frameworks exist for this category under EU
law (p. 5).

Summary Notes for Exam Preparation

• Legislation to Remember: Regulation No. 1151/2012.

• Key Distinctions:
o PDO vs. PGI: PDO has stricter ties to geography; PGI allows some flexibility.
o TSG: Focuses on traditional practices, not geographical boundaries.
• Timeline of Evolution:
o 1970: Initial wine protection.
o 1992: First harmonized GI framework.
o 2012/2014: Recent updates for foodstuffs and aromatized products.

This detailed overview of Chapter 2 outlines the intricate mechanisms of GI protection within
the EU, highlighting regulatory distinctions and their importance in safeguarding quality,
reputation, and consumer trust.

Detailed Summary of Chapter 3: Databases and Tools for Managing

Geographical Indications in the European Union

Chapter 3 focuses on the operational mechanisms of Geographical Indication (GI)

management within the European Union (EU). It highlights three specialized databases
designed for maintaining and accessing information about GIs across different product
categories. These tools are crucial for legal enforcement, transparency, and market integrity.

1. DOOR Database: Agricultural Products and Foodstuffs

Purpose:

The DOOR (Database of Origin and Registration) system is dedicated to the registration and
management of:

• Protected Designations of Origin (PDOs)

• Protected Geographical Indications (PGIs)
• Traditional Speciality Guaranteed (TSGs) (p. 6).
Scope:

• Coverage:
o Contains names of registered agricultural products and foodstuffs.
o Includes information about products for which registration requests have been
filed with the European Commission.
• Legal Framework:
o Governed by Regulation No. 1151/2012, which lays out the rules for protecting
agricultural products and foodstuffs under PDO, PGI, and TSG schemes.

Key Features:

• Ensures transparent access to registered GI names.

• Provides tools for verifying legal use of GIs and preventing misuse or imitation.
• Supports Member States and international partners in ensuring compliance with EU
laws.

Practical Usage:

For legal professionals, regulators, and producers, the DOOR database is essential for
understanding the registration status of a GI and its associated specifications.

2. E-Bacchus Database: Wines

Purpose:

The E-Bacchus database exclusively serves as the registry for wines with protected GIs. It
covers:

• PDO wines
• PGI wines (p. 6).

Scope:

• EU Member States: Includes detailed information on registered wine GIs protected

within the EU.
• Non-EU Countries: Provides GI data for wines originating from third countries that
have specific agreements with the EU.

Legal Basis:

• The registration and protection system for wines with GIs is governed by EU
regulations introduced in 1970 and revised in subsequent years, including updates to
align with Regulation No. 1151/2012 for agricultural products.

Key Features:

• Helps wineries, importers, and regulators verify the authenticity of wine labels.
 • Prevents fraud by ensuring only authorized producers use protected GI terms for
wines.

3. Spirits Drinks Database

Purpose:

This database is designed to manage the GIs for spirit drinks, ensuring their protection under
EU law and bilateral agreements with third countries (p. 6).

Scope:

• Covers GIs for spirits originating from:

o EU Member States: Includes spirits such as Scotch whisky, Irish whiskey,
and Cognac.
o Third Countries: Includes spirits protected under bilateral or multilateral
agreements.

Legal Basis:

The protection system for spirits under GIs is outlined in specific EU regulations for spirit
drinks, such as Regulation No. 110/2008, which defines the standards for production,
labeling, and GI protection.

Key Features:

• Prevents misuse of GI names in marketing and labeling.

• Enhances consumer trust by guaranteeing product authenticity.
• Facilitates international trade by ensuring GI compliance across borders.

4. The Role of Databases in Legal Enforcement

Each database serves as a vital tool for legal enforcement and market oversight:

• Legal Verification:
o Ensures producers and traders use GIs according to the EU's rigorous
standards.
o Provides evidence in cases of legal disputes regarding GI misuse or imitation.
• Transparency and Access:
o Offers public access to GI registrations, strengthening consumer confidence.
• International Cooperation:
o Supports the EU's bilateral and multilateral agreements by including data on
non-EU GIs recognized within the EU.
Key Takeaways for Exam Preparation

Legal Foundations:

• Regulation No. 1151/2012 governs agricultural products, foodstuffs, and TSGs.

• EU-specific regulations for wines and spirits include mechanisms for registering and
protecting GIs.
• Bilateral agreements ensure international recognition of GIs.

Databases Overview:

1. DOOR: Agricultural products, foodstuffs, and TSGs.

2. E-Bacchus: Wines with PDO and PGI protections.
3. Spirits Drinks Database: GI-protected spirits from the EU and third countries.

Practical Applications:

• Essential for regulators to monitor and enforce GI compliance.

• Key resource for producers seeking legal protection and market credibility for their
products.
• Valuable tool for students and professionals to understand the operational
management of GIs in the EU.

This chapter outlines the critical infrastructure supporting the EU's GI protection regime. By
leveraging these databases, the EU ensures the authenticity of products, protects producers'
rights, and builds trust among consumers.

Executive Summary

The use of geographical indications is an important method of indicating the origin of

goods
and services. Basically, a geographical indication is a notice stating that a given product
originates in a given geographical area. There are a variety of different ways in which
geographical indications can be protected depending on the national law and there are
different ways in which this protection can be extended internationally. Three purposes
for
geographical words/indications in product names:
a. To communicate geographic source;
b. to communicate non-geographic product qualities;
c. to create evocative value.

International framework covering GIs protection:

• Paris Convention on the Protection of Intellectual Property of 1883, which included

„indications of source or appellations of origin” as separate objects of protection. The
Paris
Convention identifies geographical indications as a separate intellectual property right,
but
does not clearly define this concept. It provides for some remedies in respect to
unlawful use
of indications of source on goods, meaning that no indication of source may be used if it
refers to a geographical area from which the products in question do not originate.

• Agreement on Trade Related aspects of Intellectual Property Rights (TRIPs).

Geographical
Indications are indications which identify a good as originating in the territory of a
[WTO]Member, or a region or locality in that territory, where a given quality, reputation
or
other characteristic of the good is essentially attributable to its geographical origin. This
Agreement requires that all Members of the World Trade Organization protect
geographical
indications, if their unauthorized use would be misleading or would constitute an act of
unfair competition.

• Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration, administered by WIPO, 28 Contracting States. The Agreement provides an
international registration system for appellations of origin. A country that operates a
national system for the protection of appellations of origin can apply for international
registration of a given appellation of origin, which is then communicated to the other
States
party to the Agreement.
International treaties do not limit the scope of the protection of geographical indications
to
specific types of products. The Paris Convention, the Lisbon and Madrid Agreements as
well
as the TRIPS Agreement clearly apply to all products: agricultural and non-agricultural
ones.

Difference between appellations of origin and geographical indications and

indications of
source

GIs are different from an “indication of source” (e.g. “Made in France”) which just refers
to
the origin of a product and bears no requirements, nor expectations regarding specific
characteristics linked to the origin of the product.

Appellations of origin are specific types of geographical indication. A more precise

geographical indication which specifies that the product in question has certain
qualities and
that those qualities are due essentially or exclusively to its place of origin. An
appellation of
origin is a geographical indication that declares the quality of the goods for which it is
used
to be derived essentially or exclusively from the area of production.

European Union - a sui generis system

• Regulation (EU) No 1151/2012 of the European Parliament and of the Council on

quality schemes for agricultural products and foodstuffs (consolidated version).

Protected Designation of Origin (PDO): Product names registered as PDO are those
that have the strongest links to the place in which they are made. So, basically this the
name of a product that is produced, processed and prepared in a defined geographical
area using recognized know-how. The PDO identifies products that are made in a
specific area/region or, exceptionally, in a country; whose production, processing or
preparation all take place in a defined geographical area. For wines, this means that the
grapes have to come exclusively from the geographical area where the wine is made.
The quality and/or characteristics of such products are essentially or exclusively due to
a particular geographical environment with its inherent natural and human factors. They
must adhere to a precise set of specifications and may bear the PDO logo.

Protected Geographical Indication (PGI): emphasizes the relationship between the

specific geographic region and the name of the product, where a particular quality,
reputation or other characteristic is essentially attributable to its geographical origin. In
other words, PGI identifies products whose quality or reputation is strictly related to the
geographical area where they are produced, processed or prepared, although the
ingredients used need not necessarily come from that geographical area. For most
products, at least one of the stages of production, processing or preparation must take
place in the region. For PGI wines, at least 85% of the grapes come from the area. All
PGI products must also adhere to a precise set of specifications and may bear the PGI
logo.

Traditional Speciality Guaranteed which also protected by Regulation (EU) No

1151/2012, but they are recognized as the indications not falling in the definition of right
as intellectual property rights according to the TRIP Agreement notion. Traditional
speciality guaranteed (TSG) used to describe an agricultural product or a foodstuff:

a. with specific character what means the characteristic or set of characteristics

which distinguishes an agricultural product or a foodstuff clearly from other
similar products or foodstuffs of the same category;
b. which is "traditional" what means proven usage on the Community market for a
time period that allows transmission between generations; this period is to be at
least 30 years.

On 31 March 2022, the Commission adopted a proposal for a regulation on GIs for wine,
spirit drinks and agricultural products, and other quality schemes for agricultural
products. The proposal aims to increase the uptake of GIs across the EU in order to
benefit the rural economy and achieve a higher level of protection for products,
especially online.

The new craft and industrial GI protection system in the EU (not discussed in the
recorded lectures!)

16 November 2023 marked a major milestone with the entry into force of the new
regulation on the protection of geographical indications for craft and industrial
products. The Regulation (EU) 2023/2411 introduces a unified EU title for safeguarding
craft and industrial product names linked to specific regions. This protection includes
products with distinct qualities due to their geographical origin, with at least one
production step occurring in that area. Producers can prevent the use of these names
by similar products made outside those regions. The EU title also facilitates
international protection for EU producers and non- EU countries adhering to EU
requirements. The registration process involves national and Union-level phases,
overseen by the EU Intellectual Property Office (EUIPO). The Commission retains
authority over approval, with an opposition procedure during examination. Upon
national registration, market controls are enforced, and producers can self-declare
compliance, backed by regional authorities. The new system will be fully operational by
December 2025, leading to the cessation of existing national geographical indications
by December 2026.

Moreover, non-agricultural GI products may enjoy protection in the Member States level
through different legal instruments. They are protected under consumer protection
legislation and unfair competition laws, by specific or regional laws, through the
trademark system or under sui generis GI systems. Some of these products are
protected under a combination of legal instruments that includes trademark
registration.

EU data bases concerning registered GIs

DOOR is the database for agricultural and foodstuff product names registered as
Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) or
Traditional Speciality Guarantee (STG) as well as names for which a request of
registration has been filed with the European Commission.

“E-Bacchus" is the database for wines with geographical indications protected within
the European Union.

Spirits-Drinks is the database on geographical indications protected in the European

Community for spirits originating in Member States and third countries.