Geographical Indications

Geographical Indications

International trade has many factors; one of important element is an intellectual property or the right to protect a producer. It can be used to protect the rights and also increases a profit to a producer. One of interested kind is Geographical indications – GI.

GI refers to a place name or a country of origin, quality and reputation of goods or product for example (“Champaign”, “Bordeaux”, “Camembert” and “Tequila”). GI related to Aspects of Intellectual Property Rights (TRIPS) Agreement but actually it is different from other intellectual property rights. As we know, GI rather protect the original one where given a reputation or characteristic of such goods attributable to that origin more than new invention or idea of human mind as trademark, copyrights or patents. GI is set by WTO under TRIPS.

AO is another agreement contained in the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration under WIPO.

The negotiations on geographical indications of WTO has not make a move as it should be and such a protection in a reality seems inefficiency except wine and alcoholic beverage. WIPO may see the point therefore they attempt to improve AO system to be more effective. There are some interesting points between GI an AO

Firstly, AO under Lisbon Agreement has a registration system to protect within an international level as WTO although tried to set a similar system but has not concluded yet. Besides AO extend to protect for all kind of product but GI provides a level of protection in only wines and spirits. However there are a few number of countries just only 27 countries under AO system meanwhile WTO has more than 170 members.    

Secondly, a cope of a protection, some people said that GI can protect wider than AO and already covered AO but some people said that a scope of protection of AO provide more than GI because not only geographical. In Lisbon Agreement used the word “geographical denominations”   but TRIPS used “indications that identify a good as originating in the territory..." anyhow

Among some arguments at the present time, it can be said that EU is a key and an important player of this. Some readers might have known that EU seems strongly support GI by looking at a reaction on negotiation. However EU has a limitation in registration and protection only wines, spirits and food not cover to another type of products or services. It can be said that both GI and AO still have a restriction at international level and some point still has a resistant from other countries and some of EU such as Germany which may not be surprise if we look at this issue as it adopted from domestic law in France.

Some countries have set domestic law to support GI or AO already because they hope that it will make a profit or benefit for their main export products. Despite an expectation only for an international protection which depends on WTO perhaps is not enough because it still has not found a final solution yet. Support and promotion system in our own country in order to protect a knowledge and value local products seem to be a better way for now. At the same time, we should follow an agreement on WTO or Lisbon which one is suitable as an option for higher protection in an international level.