The World Intellectual Property Organisation (WIPO) and the Portuguese Institute of Industrial Property (INPI), with the support of the European Union Intellectual Property (EUIPO), jointly organised the 2019 edition of the Worldwide Symposium on Geographical Indications (GIs). The biennial Symposium, which held in Lisbon, Portugal, from 2 to 4 July 2019, provided a forum for stakeholders interested in GIs, including representatives of international organisations, regional intergovernmental organisations, national governments, non-governmental organisations (NGOs) and GI specialists, to share information on developments in GIs at the national, regional and international levels. The Symposium also presented opportunities for exchange of opinions on contested principles of GIs.
What are GIs?
Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) defines GIs as indications that identify a good as originating in the territory of a (World Trade Organisation –WTO) Member, or a region or locality in that territory, where a given quality, reputation or other characteristics of the good is essentially attributable to its geographic origin. Article 23 of TRIPS provides stronger protection for wines and spirits. It obliges WTO members to introduce laws to prevent the use of GIs that identify wines for wines, or spirits for spirits not originating in the place indicated by the GI in question. Article 23 applies even where the true origin of the goods is stated or the GI is accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like. In other words, ‘Champagne-kind’ sparkling wine made in Scotland is prohibited under this provision. Examples of registered GIs include Penja pepper from Cameroon, Rooibos tea from South Africa, Darjeeling tea from India, Scotch Whisky from Scotland and Champagne from France.
Selected Presentations
Francesca Van Dumen, Minister of Justice, Portugal, Francis Gurry, Director General, WIPO and Christian Archambeau, Executive Director, EUIPO delivered the opening addresses. They provided backgrounds on GIs and emphasised its benefits, especially to social and economic development. In the seven consecutive panels, the speakers provided updates on GIs from around the world. Selected presentations from WIPO, the EU, the Association of Southeast Asian States (ASEAN), the African Union (AU) Morocco and Mozambique are highlighted below.
Marie Paule Rizo, Head, Policy and Legislative Advice Section, Department for Trademarks, Industrial Designs and Geographical Indications, Brands and Designs Sector, WIPO discussed, amongst others, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act). The Geneva Act is the latest international treaty on GIs. It was adopted on 20 May 2015 and will enter into force three months after five eligible parties have deposited their instruments of ratification or accession. The Geneva Act revises the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 1958 (as revised in 1967 and amended in 1979 – Lisbon Agreement). The Lisbon Agreement established an international registration system of appellations of origin for the protection of names that identify the geographic origin of products. Expanding the scope of the Lisbon Agreement, the Geneva Act introduces the international registration of GIs and permits intergovernmental organisations such as the European Union and African Intellectual Property Organisation (OAPI) to become contracting parties.
In his presentation, Francis Fay, Head of Unit Geographical Indications, Directorate-General for Agriculture and Rural Development, European Commission, shared updates on the EU’s regulations, policies, bilateral/multilateral agreements, databases and collaborations on GIs. He explained that the EU has 4,900 registered or protected GIs, with 1,580 from non-EU countries, some of which are easily accessible on its e-Ambrosia database. The EU has 30 agreements and 18 negotiations related to GIs. It is also set to accede to the Geneva Act mentioned above. Francis further highlighted the EU’s contributions to empowering producer groups around the world and its collaborations with intergovernmental organisations such as the African Union.
Maslina Malik, Senior Officer, Intellectual Property Rights Division, ASEAN Economic Community, shared updates on GIs in the ASEAN region. She noted that Initiative 18 of the ASEAN Intellectual Property Rights Action Plan 2016 -2025 is dedicated to promoting the commercialisation of ASEAN GIs. As of January 2019, 90 per cent of the 346 registered GIs in the region were local GIs. Most GIs in the region are for agriculture, fisheries, crafts or artisanal works. Examples include Sabah tea from Malaysia, Kampot pepper from Cambodia, Binh Thuan dragon fruit from Vietnam as well as Khao Hom Mali Thing Kula Rong Hai rice and Chiang Rai Phulae pineapple from Thailand.
Diana Ogwal Akullo, Policy Officer, Rural Economy and Agriculture Department, African Union Commission, shared updates on the adoption of the African Union’s Continental Strategy for Geographical Indications in Africa 2018 -2023 (Strategy). The Strategy, developed with the support of the Food and Agriculture Organisation of the United Nations (FAO), the European Commission and WIPO, promotes the wide-spread introduction of effective GI systems around Africa. In particular, the Strategy focuses on developing smallholder farmers productivity and enhancing agricultural value chains to boost sustainable rural development and food security. The Strategy seeks to contribute to other commitments and programs of the AU, such as the Comprehensive Africa Agriculture Development Programme, the African Continental Free Trade Agreement and the United Nations Sustainable Development Goals.
Still on Africa, Fatima Amehri, President, Association marocaine de l’indication géographique de l’huile d’Argane (AMIGHA), Agadir, Morocco discussed one of the earliest registered GIs in Africa, Argan oil. Argan oil is mainly produced by women working in groups and cooperatives by combining traditional knowledge with technology to extract oil from the nuts of the argan fruit produced by argan trees grown in southwestern Morocco. Fatima explained that argan oil has contributed to social, economic and environmental development in the regions it is produced. Similarly, Emídio Rafael, Legal Advisor, Industrial Property Institute (IPI), Mozambique discussed the excellent initiatives of the IPI that culminated in the identification and registration of Tete goat meat, the first GI in Mozambique. Tete goats, found in the province of Tete in Mozambique, are reputed to be unique. Tete goats’ unique characteristics stem from the combination of the geographic conditions of the Tete region, which has a tropical and dry climate with the composition of their feed, which include natural pastures and baobab fruits. The low-caloric Tete goat meat has a sweet flavour, with a soft aroma and texture.
When is a term ‘customary in common language as common names for goods?’ Cheddar for cheese?’ Professor Dev Gangjee.
Turning to contested principles, Allen Johnson, Consultant, Consortium for Common Food Names (CCFN), Arlington, United States, Massimo Vittori, Managing Director, Organisation for an International Geographical Indications Network (oriGIn), Geneva, Switzerland and Dev S. Gangjee, Professor of Intellectual Property Law, University of Oxford, United Kingdom engaged in passionate debates on the use of GIs to protect common names. Allen supported the use of common names such as cheddar for cheese, Massimo opposed this, while Dev unpacked the question posed above to proffer deeper insights. Notably, the debates on GIs differ from the prevalent Global North versus Global South debates at the WTO. Instead, the debates are couched as Old World (that is, countries with rich historical and cultural goods) versus New World (mostly migrant countries with less historical or cultural goods).
Although the debates remained unsettled as expected, Anabela Pedroso, Secretary of State for Justice, Portugal and Wang Binying, Deputy Director General, WIPO closed the Symposium with positive remarks on the quality of the presentations and discussions.
For more on GIs, see
World Intellectual Property Organisation, Geographical Indications
Dev S Ganjee, Relocating the Law of Geographical Indications, Cambridge University Press 2012
Dev S Gangjee (ed), Research Handbook on Intellectual property and Geographical Indications, Edward Elgar 2016
Irene Calboli and Ng-Loy Wee Loon, Geographical Indications at the Crossroads of Trade, Development, and Culture: Focus on Asia-Pacific, Cambridge University Press 2017
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