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Geographical Indications (geographical + indication)

Distribution by Scientific Domains
Humanities and Social Sciences35%

Selected Abstracts

Basmati Rice: Geographical Indication or Mis-Indication

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 2 2006
Harsh V. Chandola
Indian farmers may not understand the Lockean or the Hegelian justification for intellectual property. Neither do they understand the politics (realpolitik) of the negotiations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Many of them had no idea that in September 2003 their fate might have been decided in the Cancun Ministerial meeting of World Trade Organization (WTO) member countries. But they do understand simple economics, i.e. if the American company which has registered a patent for basmati rice continues to sell rice as American-style basmati rice, it may hurt their exports. If the Indian Government had a key to the past, they would have definitely renegotiated-TRIPS to protect $350 million export market of basmati rice. Even if we opprobrium TRIPS and characterize it as an instrument of exploitation used by developed countries to protect their own interest, the fact of the matter is, there is no escape from it. Withdrawing from TRIPS entails too many implications for the Indian economy, and it would be cynical to suggest such an idea. Developing and least developed countries have fallen to the economic and political pressure of the Developed countries, and the former group of countries will never be able to convince the latter to renegotiate TRIPS to bring a balance to it, even if their call is eloquent, justified and reflects reality. It would be like knocking on the lid of a coffin: knock, as much as you like, you will not wake him. Post-Cancun (WTO Ministerial Meeting), it is vital for the Indian Government to formulate strategies to protect its interest in TRIPS. The strategy should focus on the options available within the TRIPS framework. We might have lost advantage in the field of patents to western pharmaceutical companies, but if a proper strategy is formulated we will be able to protect our basmati exports. [source]

Are Geographical Indications a Valid Property Right?

DEVELOPMENT POLICY REVIEW, Issue 5 2009
Challenges, Global Trends
This article explores what is at stake in the international conflict on geographical indications (GIs), particularly for developing countries. It first examines how the WTO panel has obliged the European Union to open its registration system to third countries and how the ongoing negotiations on GIs seem to be reaching stalemate. Initiatives showing how GIs are a key political and trade issue are identified in Turkey, India, China, Colombia and Ethiopia. Trade negotiation agendas have to handle this new balance of power, in which the reputation accompanying a good may become common. [source]

Incentives for and Protection of Cultural Expression: Art, Trade and Geographical Indications

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 2 2010
Anselm Kamperman Sanders
After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection. [source]

Defining and Marketing "Local" Foods: Geographical Indications for US Products

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 2 2010
Daniele Giovannucci
What are local foods? If you do not know your local producer, then how can you know whether the product you are purchasing is local? These questions are at the heart of an emerging debate in the United States about authenticity and the value of local eating. In the United States, from the menus of its elite restaurants, to urban farmer markets, to the procurement strategy of its largest corporation, "local" is fast becoming an important food category. Several distinct forces drive its popularity and yet, in the absence of certain credence attributes to assure what indeed is local, its future is uncertain. This article explores what defines "local" and how the term is protected in trade. It suggests that intellectual property protection is underdeveloped to foster local food product designations. Cases in the United States illustrate that some viable mechanisms do exist to ensure the specific provenance of a food but that in large interconnected markets these mechanisms present some notable challenges for both producers and consumers. In its review of different approaches to protecting and fostering local food systems, the article finds that geographical indications (GIs) may be more conducive to local food systems because they are not owned but rather attributed, and, in this way, even smaller producers have access to the marketing potential of a GI label. Improving approaches to GIs in the United States, perhaps learning from the sui generis systems in other countries, could further the development, protection, and success of local products. [source]

From Plant Variety Definition to Geographical Indication Protection: A Search for the Link Between Basmati Rice and India/Pakistan

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 4 2008
Delphine Marie-Vivien
Geographical indications (GIs) deal with local issues. Their protection generates an original scheme of governance. GIs were first protected in France and they were later harmonised in the European Union (EU) and then included in the TRIPS Agreement, which was the basis for the enactment of the GI Act in India and GI protection in Pakistan. The Basmati rice example will illustrate the different objectives of GI protection in these two countries and in Europe. Europe is an emerging market for Basmati, and therefore the EU is setting rules of importation based on its tradition of food quality. Such an increase in exports of Basmati raises the issue of a protection that is efficient in the international market, but still is adapted to Indian and Pakistani needs. On the one hand, Basmati has been defined for a long time as the name of plant varieties which now includes evolved varieties. On the other hand, Basmati is still not yet registered as a GI, because the concept of GI is a very recent development in India and Pakistan. The Basmati case raises general issues for GIs protection worldwide: tradition versus modernity, product definition versus method of production and geographical environment. [source]

The impact of geographical indication on the revitalisation of a regional economy: a case study of ,Boseong' green tea

AREA, Issue 4 2007
Jeongwook Suh
Geographical indications are legal signs which identify a good as originating in a specific country or region, where the reputation of the product is attributable to its geographical roots. South Korea has operated with a geographical indication system since 1999. This research analyses the regional impacts of geographical indications using the case study of ,Boseong' green tea. The results show that geographical indication has enhanced the image of the product, leading to increased production and the stimulation of tea-related industries. We argue that geographical indication can be used as an effective policy to cope with trade liberalisation. [source]

Protected geographical indications and integration into the agribusiness system

AGRIBUSINESS : AN INTERNATIONAL JOURNAL, Issue 2 2009
Isabel Bardají
The aim of this article is to analyze beef retailers' behavior with respect to the sale of beef under a protected geographical indication (PGI). The study was based on a survey of a representative sample of beef retailers in the Spanish region of Navarra, where there is a well-established PGI. The data were then evaluated by means of logistic regression, in which the decision whether or not to sell PGI meat was explained by the set of variables drawn from the survey. The results show that the guarantee of quality provided by the PGI, the importance given by consumers to "origin" as a quality attribute, and the quality and conditions offered by the regular supplier, to be the main motivating factors behind the retailer's decision to join the PGI beef supply chain. [JEL Codes: Q01, Q12, Q13]. © 2009 Wiley Periodicals, Inc. [source]

Incentives for and Protection of Cultural Expression: Art, Trade and Geographical Indications

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 2 2010
Anselm Kamperman Sanders
After the adoption of the Universal Declaration of Cultural Diversity, the interaction between the protection of traditional cultural expressions (TCEs) and geographical indicators (GIs) is an interesting one. The capacity of a geographical indication of origin to create a global market with local control over brand, quality and methods of production seems to make it immensely suitable for preservation of cultural diversity. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights does not limit the potential causes of action for the unauthorized use of GIs, the tort of misappropriation may be applied in relation to TCEs. In order to reconcile intellectual property rights with non-Western belief systems, application of the tort of misappropriation, unjust enrichment and the remedy of restitution may make enforcement of GIs in relation to TCEs more palatable than other forms of protection. [source]

The impact of geographical indication on the revitalisation of a regional economy: a case study of ,Boseong' green tea

AREA, Issue 4 2007
Jeongwook Suh
Geographical indications are legal signs which identify a good as originating in a specific country or region, where the reputation of the product is attributable to its geographical roots. South Korea has operated with a geographical indication system since 1999. This research analyses the regional impacts of geographical indications using the case study of ,Boseong' green tea. The results show that geographical indication has enhanced the image of the product, leading to increased production and the stimulation of tea-related industries. We argue that geographical indication can be used as an effective policy to cope with trade liberalisation. [source]

Are Geographical Indications a Valid Property Right?

DEVELOPMENT POLICY REVIEW, Issue 5 2009
Challenges, Global Trends
This article explores what is at stake in the international conflict on geographical indications (GIs), particularly for developing countries. It first examines how the WTO panel has obliged the European Union to open its registration system to third countries and how the ongoing negotiations on GIs seem to be reaching stalemate. Initiatives showing how GIs are a key political and trade issue are identified in Turkey, India, China, Colombia and Ethiopia. Trade negotiation agendas have to handle this new balance of power, in which the reputation accompanying a good may become common. [source]

Protected geographical indications and integration into the agribusiness system

AGRIBUSINESS : AN INTERNATIONAL JOURNAL, Issue 2 2009
Isabel Bardají
The aim of this article is to analyze beef retailers' behavior with respect to the sale of beef under a protected geographical indication (PGI). The study was based on a survey of a representative sample of beef retailers in the Spanish region of Navarra, where there is a well-established PGI. The data were then evaluated by means of logistic regression, in which the decision whether or not to sell PGI meat was explained by the set of variables drawn from the survey. The results show that the guarantee of quality provided by the PGI, the importance given by consumers to "origin" as a quality attribute, and the quality and conditions offered by the regular supplier, to be the main motivating factors behind the retailer's decision to join the PGI beef supply chain. [JEL Codes: Q01, Q12, Q13]. © 2009 Wiley Periodicals, Inc. [source]

Recent international and regulatory decisions about geographical indications

AGRIBUSINESS : AN INTERNATIONAL JOURNAL, Issue 4 2008
Stephan Marette
As worldwide consumer demand for high-quality products and for information about these products increases, labels and geographical indications (GIs) can serve to signal quality traits to consumers; however, GI systems among countries are not homogeneous and can be used as trade barriers against competition. Philosophical differences between the European Union (EU) and the United States about how GIs should be registered and protected led to the formation of a World Trade Organization (WTO) dispute-settlement panel. In this article, we discuss the issues behind the dispute, the WTO panel decision, and the EU response to the panel decision leading to the new Regulation 510/2006. Given the potential for GI labels to supply consumer information, context is provided for the discussion using recent literature on product labeling. Implications are drawn regarding the importance of the panel decision and the EU response relative to GI issues yet to be negotiated under the Doha Round. [JEL classifications: D8, F1, Q1]. © 2008 Wiley Periodicals, Inc. [source]

Defining and Marketing "Local" Foods: Geographical Indications for US Products

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 2 2010
Daniele Giovannucci
What are local foods? If you do not know your local producer, then how can you know whether the product you are purchasing is local? These questions are at the heart of an emerging debate in the United States about authenticity and the value of local eating. In the United States, from the menus of its elite restaurants, to urban farmer markets, to the procurement strategy of its largest corporation, "local" is fast becoming an important food category. Several distinct forces drive its popularity and yet, in the absence of certain credence attributes to assure what indeed is local, its future is uncertain. This article explores what defines "local" and how the term is protected in trade. It suggests that intellectual property protection is underdeveloped to foster local food product designations. Cases in the United States illustrate that some viable mechanisms do exist to ensure the specific provenance of a food but that in large interconnected markets these mechanisms present some notable challenges for both producers and consumers. In its review of different approaches to protecting and fostering local food systems, the article finds that geographical indications (GIs) may be more conducive to local food systems because they are not owned but rather attributed, and, in this way, even smaller producers have access to the marketing potential of a GI label. Improving approaches to GIs in the United States, perhaps learning from the sui generis systems in other countries, could further the development, protection, and success of local products. [source]

The Protection of Origins for Agricultural Products and Foods in Europe: Status Quo, Problems and Policy Recommendations for the Green Book

THE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 6 2009
Adriano Profeta
The protection of geographical indications for agricultural products and foodstuffs is one of the major pillars of the Common European Agricultural Policy and has become an important part of the transition from supporting commodity markets to enabling producers to market goods which satisfy consumer tastes. According to estimates, a total annual sales volume of approximately ,14 bn is generated with protected geographical indications (PGI) and protected designations of origin (PDO). Nevertheless, the increase in utilization of the protection systems made obvious a number of problems in the practical application of the law. The Commission recognized these criticisms and announced a discussion on the regulation that was to commence officially in the autumn of 2008 with a Green Book about the PDO/PGI protection regime. In this context, the most recent problems are discussed and proposals are made that should be taken into account in order to accomplish the main goals of the regulation. Therefore this article is addressed to agricultural policy makers, consumer associations, as well as food producers and producer associations in Europe in order to provide a starting point for the Green Book debate. [source]

The impact of geographical indication on the revitalisation of a regional economy: a case study of ,Boseong' green tea

AREA, Issue 4 2007
Jeongwook Suh
Geographical indications are legal signs which identify a good as originating in a specific country or region, where the reputation of the product is attributable to its geographical roots. South Korea has operated with a geographical indication system since 1999. This research analyses the regional impacts of geographical indications using the case study of ,Boseong' green tea. The results show that geographical indication has enhanced the image of the product, leading to increased production and the stimulation of tea-related industries. We argue that geographical indication can be used as an effective policy to cope with trade liberalisation. [source]