Archive for the ‘Geographic Indicators’ Category
The Protected geographical indication is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a description of an agricultural product or a foodstuff,
which comes from such an area, place or
which has a specific quality, goodwill or other characteristic property, attributable to its geographical
whose production, processing or preparation takes place within the determined geographical area
In other words, to receive the PGI status, the entire product must be traditionally and at least partially manufactured (prepared, processed or produced) within the specific region and thus acquire unique properties.
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The Protected designation of origin is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a designation for an agricultural product or a foodstuff,
which comes from such an area, place or country
whose quality or properties are significantly or exclusively determined by the geographical environment, including natural and human factors
whose production, processing and preparation takes place within the determined geographical area.
In other words, to receive the PDO status, the entire product must be traditionally and entirely manufactured (prepared, processed AND produced) within the specific region and thus acquire unique properties.
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Protected indications are treated as intellectual property rights by the Customs Regulation 1383/2003 (Regulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights), and infringing goods may be seized by customs on import. Within the European Union enforcement measures vary: infringement may be treated as counterfeit, misleading advertising, passing off or even as a question of public health.
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Only products that meet the various geographical and quality criteria may use the protected indication. It is also prohibited to combine the indication with words such as "style", "type", "imitation" or "method" in connection with the protected indications, or to do anything that might imply that the product meets the specifications (e.g., using distinctive packaging associated with the protected product).
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As with other intellectual property rights, the use of geographical indications is intended to increase the income of rights holders. The preambles to the Regulations cite consumer demand for quality foodstuffs and identify a number of goals for the protection regimes:
the promotion of products with specific characteristics, particularly those coming from less-favoured or rural areas
the improvement of the income of farmers, in return for a "genuine effort to improve quality"
the retention of population in rural areas
the provision of clear and succinct information to consumers regarding product origin.
The provision of a recompense for efforts to improve quality and the need for consumer protection are often cited as justifications for trademark protection in other domains, and geographical indications operate in a similar manner to trade marks.
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These laws protect the names of wines, cheeses, hams, sausages, olives, beers, Balsamic vinegar and even regional breads, fruits, and vegetables. Foods such as Gorgonzola, Parmigiano-Reggiano, Melton Mowbray pork pies, Asiago cheese, Camembert de Normandie and Champagne can only be labelled as such if they come from the designated region. To qualify as Roquefort, for example, cheese must be made from milk of a certain breed of sheep, and matured in the natural caves near the town of Roquefort in the Aveyron region of France, where it is infected with the spores of a fungus (Penicillium roqueforti) that grows in these caves.
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Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Speciality Guaranteed (TSG) are geographical indications, or more precisely regimes within the Protected Geographical Status (PGS) framework defined in European Union law to protect the names of regional foods. The law (enforced within the EU and being gradually expanded internationally via bilateral agreements of the EU with non-EU countries) ensures that only products genuinely originating in that region are allowed in commerce as such. The legislation came into force in 1992. The purpose of the law is to protect the reputation of the regional foods and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavour.
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In law, definitions of "country of origin" and related terms are defined differently in different jurisdictions. Europe, Canada, and the United States have different definitions for a variety of reasons, including tax treatment, advertising regulations, distribution; even within the European Union, different member states have different legislation. As a result, an individual work can have multiple countries as its "country of origin", and may even have different countries recognized as originating places for the purpose of different legal jurisdictions. Under copyright law in the United States and other signatories of the Berne Convention, "country of origin" is defined in an inclusive way to ensure the protection of intellectual rights of writers and creators.
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The International Federation of Film Archives defines the country of origin as the country of the principal offices of the production company or individual by whom the moving image work was made. No consistent reference or definition exists. Sources include the item itself, accompanying material (e.g. scripts, shot lists, production records, publicity material, inventory lists, synopses etc.), the container (if not an integral part of the piece), or other sources (standard and special moving image reference tools).
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