Geographical Indications

Think about Darjeeling tea from India, or Mexico’s Tequila, Scotch Whisky and Jamaica Blue Mountain Coffee. These high-quality products all have a Geographical Indication (“GI”).

A geographical indication is a distinctive sign used on goods that relates to a specific geographical location/origin. This sign serves to directly identify that geographical origin and binds it to the goods’ source. This sign certifies that the goods or product possess certain qualities or other characteristics and has a reputation essentially due to its origin and is made according to a certain method - which can also be traditional. These qualities are the result of both natural and human factors.

For example, Parmesan cheese or Parmigiano Reggiano is produced in the northern part of Italy - in the provinces of Parma, Reggio Emilia, Modena, Bologna and Mantova . The way the animals are raised and the climate in this region is significant in the production of the final product. These qualities make parmesan cheese stand out among all other types of cheese.

A GI right provides those with the right to use the sign/indication and prevent its use by any third party whose products are not of the same standard. Therefore, consider champagne, which is produced exclusively in the Champagne region of France. Champagne is different from all other sparkling wines due to its labour-intensive production and the use of very specific grapes.

Agricultural products and food are not the only products that utilize geographical indications and appellations of origin. Industrial property and handicrafts are also recognized.

Talavera for example, a type of pottery in Mexico, is registered and protected via an appellation of origin. Talavera pottery is specifically produced in the Districts of Atlixco, Cholula, Puebla and Tecali – in the State of Puebla. Swiss-made watches are also protected via an appellation of origin, i.e., “SWISS” or “Swiss Made”.

The difference between geographical indications, appellations of origin and trademarks

In the case of an appellation of origin, the link to the place of origin must be significantly stronger, i.e., the quality and characteristics of the product needs to be an essential and exclusive result of the geographical origin. For GIs, only one of the requirements, i.e. either quality, reputation or other characteristics is sufficient for protection.

A trademark is a distinct sign used to identify goods and services of one company from another, while a GI identifies the geographical origin of a product.

Benefits of a GI

GI protection is an intangible asset to a local producer or manufacturer as it can increase revenues due to it being an origin locator, particularly export revenues. Today, many consumers are becoming more conscious of where their products are produced, therefore GI protection adds further value to products. GI protection can also add to the development of rural communities while assisting in the preservation and protection of production methods.

Regionally, in Trinidad and Tobago, “Trinidad Montserrat Hills Cocoa” is registered for GI protection, while in Guyana, “Demerara Rum” is protected.

Disclaimer: This blog post and website contains general information for educational purposes only and should not be construed as or substituted for legal advice. If you require specific legal advice please, contact a suitably qualified attorney.