THE sui generis GI SYSTEM

1. THE sui generis GI SYSTEM Véronique FOUKS Head of the legal and international department INAO ANKARA APRIL 2008

2. What is a GI ? • A GI is the name of region which is used to designate the product • The product is special because it comes from a specific place • A GI is related to know how and tradition • A system of guaranty of the product’s characteristics • A GI is not created, it is recognized. It applies to an allready existing production.

3. Why a GI ? 1) a tool for protection : it protects both producers and consumers 2) A tool for commercial promotion 3) A tool for rural development

4. Five key elements for the success of GIs • A typical product (« typicité ») : the difference has to be objective • Motivation and cohesion of initiators and partners • Relevance of the market : informed and interested consumers, ready to pay • Adequate system of protection and control • Public support

5. The key points of a GI system • Definition of a legal framework : a specific framework, the use of a pre existent framework • The scope of the regulation : wide or limited for example agricultural products (raw products, foodstuff or living animals ) handicraft or industrial products • Geographical Indication or appellation of origin : the choice between two kinds of rights

6. The key points of a GI system • The competent authority : intellectual property office or an ad hoc body, a mixing of both • Criteria of recognition : from the respect of the Gis to the examination of the requirements. Taking into account the rights of third party.

7. The key points of a GI system • The product’s life: organization of producers, controls • The protection : rules of competition law, or specific offences, relations with trademaks

8. The European system • Different procedures depending of the product (question of competences between Member States and the Community) • Agricultural and foodstuff products: Community registration system, EU wide protection (Regulation510/06) • Wines and spirits: national registration, EU wide publication, EU wide protection (Regulations 1493/99 and 110/2008). • System is quite similar to that under Regulation 510/06 • Other products: protection by Member States • Additional means of protection: legislation on labelling, on misleading advertising, and on unfair competition

9. The features of the French system • PDOs and PGIs are part of an official quality signs policy as a strong economic tool • Association of producers and Administration in the monitoring of the system • Existence of a specific public body (INAO) • Involvement of the State in the protection of Gis

10. First step The recognition of the geographical indication

11. Application – general view Group of producers or processors (application) INAO (checking and proposal) Government (decision and submission or forwarding to the EC) EUROPEAN COMMISSION (registration or publication)

12. The competent authority • Necessary elements • The competent authority must be able to judge the capacity to register a product as a GI • this means to get legal and technical skills along with a good knowledge of the products : the organization is adapted to this demanding nature • Missions must be clearly define : from scrutiny of the application to the controls of the GI products

13. The applicant • The applicant is an organization representing the community of stakeholders. • Essential point regarding the consequences of the registration of a GI as for the protection of the geographical name • A specific support from the administration or experts could be necessary especially on the technical points • Role : • preparation of the application and precisely of the file (technical, historical and economic components) • After registration, the GI’s follow-up

14. Contents of the application • a description of the good, and particularly its physical or chemical characteristics; • the boundaries of the geographical area as well as a description of its characteristics in terms of geology, pedology, climate, or hydrography; • the documents proving the good originates from within the boundaries of the geographical area; • a description of the method in which the good is produced; • the documents proving the good’s link to the geographical environment or geographical origin; • the method of controls; • elements related to the notoriety of the good; • the specific labelling rules.

15. Specificity of the area • Natural and human factors • Criteria of definition of the geographical area • Specificity of the product • Quality or characteristics • Reputation • Causal link between the area and the specificity of the product • Impact of natural and human factors on the product

16. A scrutiny of the product • Link to the territory • Natural factors : characteristics of the area influencing techniques and uses or giving the raw materials of the product particular characteristics. Relevant information concerning the soil and the subsoil, the geography of the area (relief and slope, climate and microclimates, vegetation, landscape, etc). • Human factors : adaptation of the geographical area to suit the production method, special constructions for production (i.e., mills, storage, etc.) as well as the development of local know-how or special production skills. • Explanation : • about the influence of these specific characteristics on the final product and why the production is adapted to this particular environment. • how the producers have taken advantage of the specific characteristics of the area in developing their product. • Reputation of the product : proof of reputation based on documentation, consumer surveys, price ...

17. Specifications • Definition of rules of production (specifications) • Name of the product • Description of the product • Boundary of the geographical area • Method of obtaining • Controls • Rules of labeling

18. Procedure of objection The opposition procedure ensures that the names required as a GI will not be unjustifiably protected. By allowing all interested parties to have their say (public consultation), the procedure helps to guarantee a balanced decision. • Any interested person (through public authorities) or member state or third country • Procedure at national and European level

19. Grounds of objection • - non-compliance of the proposed indication to the definition of a GI; • - prejudice to a previous trademark registered • - generic nature of the indication

20. The recognition of a geographical indication depends on the application by a group of producers and leads to the definition of specification that producers must comply with in order to be entitled to use the geographical name. • Controls are operated before marketing. • Protection is granted

21. Second step The control of the geographical indication

22. The compliance to those rules set up a guaranty for consumers and provide fair competition among producers

23. Control = respect of specifications Controls lie on : • The origin • The respect of specifications • The products, their specificities and quality/ typicity (analysis by tasting)

24. The approval of products aims at : • The compliance with specifications • By analysis, that the products complies with particular criteria and an aptitude for consumption • By tasting that the products presents specific organoleptic features (typicité)

25. General rules • An organization must be responsible for the controls of the compliance with the specifications • Public : the competent authorities of the State is responsible for the control • Private : a certification body organizes and carries out the controls • Principles : independence competence and impartiality • Those controls don’t stand for general controls : compliance with sanitary rules for example

26. Producers Defence and Management Body INAO Inspection bodies/ Certified bodies Autocontrols Internal control External controls Control activities delegated by I.N.A.O. Organization of controls

27. Third step the Protection of GI

28. Objectives of protection • To encourage a fair competition between producers • To help the consumers, giving them information on the specific characteristics of the products • To protect GIs against usurpations and imitations • To protect a national and economical heritage: terroirs, know-how, products

29. Consequences of registration • Protection for an unlimited length • But rules for cancellation of the registration • Any interested person may submit that a condition laid down in the specifications of a good covered by the Geographical Indication is no longer insured. • Any person with a legitimate interest

30. Protection of specifications • In case of non-compliance to specifications by any producers, these producers shall lose the right to use the Geographical Indication. • Criminal Proceedings • Fine -37 500 €- and prison sentence – 2 years

31. Protection of names • A wide protection of names : misuse, usurpation, false or misleading indication • direct or indirect commercial use • misuse, imitation or evocation (even in translation or accompanied by expressions such as « type » or « style » • false or misleading indication • any other practice liable to mislead the public as to the true origin of the product • A large protection of the GI : • for a similar product : forbidden (usurpation) • for a different kind of product : excluded if risk of weakening or altering the notoriety of the geographical indication

32. Conflicts between trademarks and GI • The registration of a trademark misusing a GI is impossible • Relation with previous trademarks : there is a coexistence between GI and a previous trademark and a case by case examination depending on the good faith and the risk of confusion for the public as to the true origin or essential qualities. • A protection of trademarks reputation and renown

33. Infrigments on GIs • Counterfeiting by similar products • Unfair competitions acts

34. A demanding approach : a commitment of all producers supported by a public policy • Developed Products, Men and Territories.

35. Merci de votre attention v.fouks@inao.gouv.fr