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oriGIn, the Global Alliance of GI Producers

oriGIn, the Global Alliance of GI Producers. AAAML - XI International Congress Geographical Indications and Trademarks Parma 15-16 March 2013. GIs: a global reality. EU: some 3.000 GIs (not including non- agri GIs) , 54 billion EUR worldwide Several third-country GIs protected in the EU

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oriGIn, the Global Alliance of GI Producers

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  1. oriGIn,the Global Alliance of GI Producers AAAML - XI International Congress Geographical Indications and Trademarks Parma 15-16 March 2013

  2. GIs: a global reality • EU: some 3.000 GIs (not including non-agri GIs) , 54 billion EUR worldwide • Several third-country GIs protected in the EU • Some 1.000 GIs protected in China and 150 in India (growing phenomenon in Asia) • Dynamism in Central and South America more than 300 GIs ! • Technical assistance projects in Africa : First 3 GIs registered at OAPI • Producers’ interest in “skeptical” countries (US, Argentina, Chili)

  3. oriGIn: Unity is Strenght ! • oriGIn: the organisation of GI producers’ groups • Established in 2003 as a non-for profit organisation • Some 350 members from 45 countries • Secretariat based in Geneva • Presidency: Mr. Ramón González Figueroa, Director General, Consejo Regulador del Tequila (CRT) • VPs in each continent

  4. oriGIn goals • Strengthen the protection of GIs at the national, regional and international level • Promote GIs as a tool for sustainable development • Facilitate exchange of “best practices” among GI producers and specialists

  5. How do the USA, China and Russia protect Geographical Indications?

  6. The growing interest for GIs in the US

  7. oriGIn’s campaign in the US • Promoted a debate on American origin products • oriGIn Handbook : AOP Potential & Shortfalls • Support to the establishment of the American Origin Products Association

  8. How does the USA protect GIs? • Traditional commercial trademarks • Collective marks • Certification marks • American Viticultural Areas (AVAs) and Political Appellations for US wines with GIs

  9. Certification marks (Lenham Act) • “Marks used by a person other than its owner… to certify regional or other origin, material, mode of manufacturing, quality…” • Exemption from the need of names to have acquired a secondary meaning • The owner cannot use the certification mark • Owner authorizes producers to use the certification mark and carries out controls

  10. Shortfalls • No list of GIs (issue of transparency) • Preexisting marks? • Registration costs: 10,000 US$ in the US • “Non-participatory approach”: Kona Coffee registered as CM by the State of Hawaii (10% Kona Coffee requirement) • Monitoring the use of the certification mark (including license requirements): more 200,000 US$ per year spent by the Idaho Potato Commission (IPC)

  11. Shortfalls • Protecting TMs from dilution and becoming generic as well as preventing the registration of confusingly similar marks (USPTO approach in dealing with TM requests containing CMs) • An opposition proceeding can excess 100,000 US$ (FNC spent over 500,000 US$ in oppositions only in 2007) • Litigation: more than 1,000,000 US$ spent by the IPC in enforcement cases in NY over the past 12 years

  12. The GI wine sector: a sui generis system • Administered by the Alcohol and Tobacco Tax and Trade Bureau (TTB) • AVAs (a delimitated grape growing region distinguishable by geographical features, the boundaries of which have been recognized and defined by the TTB): some 200 exist today • Political Appellations (name of country, states and counties) • Criteria to use an appellation of origin in wine labels (75% of grapes grown in the area for political appellations and 85% for AVAs)

  13. Sui generis v. TM systems • Sui Generis • No need of secondary meaning • Possible coexistence (good faith) • Collective ownership • Indefinite protection • Registered names never “generic” • Covers protection translation + with expressions like « style » + evocation • No registration costs / single fee • Private and Public enforcement • Trademarks • Need of secondary meaning (except certification marks) • “First in time first in right” principle • Individual ownership (except collective and certification marks) • 10-year protection + need to use • Name not shielded from “genericity” • Protection: likelihood of confusion approach • Registration costs + renewals • Private enforcement

  14. Emerging economies, an opportunity for GIs

  15. GIs in the BRICs • ProtectingGIs in the most important markets export is a priority • oriGIn’spracticalmanual for GI producers’ groups

  16. Do you understand Chinese? Sui generis system Trademark System Ministry of Agriculture

  17. GI Protection Systems in China Sui Generis (AQSIQ) • GI Protection - Decree N.78/2005 (Ministerial rules) • Special Origin Labeltodistinguish a “PGIP” productwith GI • GI definition applies to any kind of goods, including handicrafts and traditional Chinese medicines, no services Trademarkregime (SAIC) • GIsprotectedtroughCertification Marks orCollective Marks accordingto the TrademarkLaw (2001) (Legislation) • Mesure for specialsign for GIsunder TM system 2007 • Allkind of goodsand services Sui Generis Agri Products (MoA) • Mesures for GIs of Agri Products 2008 (Ministerial rules) • Primaryproducts & productsobtained in agriculturalactivities • GI= name of the geographicalarea + general name of the agriproduct

  18. Protecting GIs in the Russian Federation • In 2008, IP LegislationReform • Part IV of the Civil Code - Sui Generis System • GI definitionapplies to anykind of goods • Trademark System – Obligation to disclaim the geographicalname in the application • Competentauthority for GIs Registration: Rospatent

  19. Protecting GIs in the Russian Federation • The principle of ‘joint titles’: sum of individualtitles on the same GI • Eachproducer has to prove to meetrequirementsestablished by the law • Legal protection 10 years + renewal • ForeignGIs : ownership over the right in the country of origin • Single collective right-EU System /Certification marks

  20. Some conclusions • GIs protected in China • EU-China project 10+10 recently finalized • As of june 2009, 932 Chinese GIs (AQSIQ System ) • Foreing GIs registered: Cognac, Scotch Whisky, Napa Valley • GIs protected in Russia • GI Register in Russia: some 149 entries • Foreign GIs protected: Prosciutto di Parma and Tequila • BRICs have established Sui Generis Systems to protect GIs • Foreign GIs can be protected under those systems

  21. VI General Assembly of oriGInand International Conference Bordeaux, France 20-21 May 2013

  22. Thank you! Ida Puzone , Project Manager @ ida@origin-gi.com http://www.origin-gi.com @oriGInNetwork

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