The future of Geographical Indications – we need you

The future of Geographical Indications – we need you

Patricia Covarrubia   November 09, 2020   No comments:

 

The website of the International Conference ‘Worldwide Perspectives on Geographical Indications’ has arrived. As far as the plan is (we cannot predict what Covid-19 restrictions will be in place), this would be held in beautiful Rome, Italy on 6-9 July 2021 at the FAO headquarters.

Geographical Indications are ‘signs’ used on products such as spirits (‘tequila’ in Mexico), wines (Vale dos Vinhedos’ in Brazil), food (‘Quinoa Real’ in Bolivia), handicraft (‘Montecristi’ in Ecuador) that have a specific geographical origin (the reason for its name/label).

Why do we need you?

The conference is an interdisciplinary affair and aims to listen to everyone in the area of agriculture and trade linked to GIs– we mean, EVERYONE. From public authorities to producers, policymakers to practitioners and stakeholders to academics, you name it, and we will have a space for you.

There is a call for contributions divided into FOUR categories: 1) Defining GIs, you can expect here the obvious origin deliberation but…yes, I like this part ‘GIs and innovation’ covering technology, and methods. I am quite interested in this as we understand that while one of the keys of a GI is linked to the know-how that has been used for decades or even centuries, we cannot expect for them to be kept like that due to climate change, deterioration of resources, etc., there needs to be some flexibility for innovation without deteriorating the GI as such; 2) Managing GIs – covering governance, control, certification mechanisms, enforcement and including marketing; 3) GIs and sustainability covering the heated debate ‘climate change’, this category seeks to evaluate GIs impact (be it economic, social, environmental; cultural, etc.); finally 4) GI and consumers, we all know that GIs without consumers is like having ‘fish’ without ‘chips’ (for my British readers), so this category aims to look at the impact that GI may have on diets and looking at different labels that are used to link a product to a locality.

We are looking for participants around the world and I am indeed looking for participants from developing countries (check fees and financial support). To submit your contribution and abstract of no more than 500 words is needed -- deadline is before 18 December 2020. The beauty is that contributions can be in Spanish (cough cough my Latin American friends), English or French (simultaneous translation will be available on the date).

For the full invitation check here. For the submission of contribution check here. When accessing the page, just tap (left-hand side corner) for the desired language.

 

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Public consultation: Brazil opens up on GIs

Public consultation: Brazil opens up on GIs

Patricia Covarrubia   November 13, 2018   No comments:

November saw the Brazilian Intellectual Property Office opening a public consultation for the Draft on the ‘Normative Instruction’ that will establish the conditions for registration of Geographical Indications (GIs). This move aims to provide ‘transparency to the analysis and examination procedures’. Moreover, INPI adds that it is important to hear suggestions from users.

Comments and suggestions are open to anyone and they can be submitted until December 6, 2018 to consultapublicaig@inpi.gov.br. If you want to put your thoughts forward, here you can find the way to do it (a form available online). The Draft of the ‘Normative Instruction’ is available here (in Portuguese).

Talking about GIs in Brazil, in October two new GIs were granted, both in the agricultural sector.

Jabuticaba, Brazil

1. 23 October 2018 an Indicação de Procedência (indication of source) was granted to products derived from jabuticaba, located in the municipality of Sabará. Products represented under this GI would be liqueur, jelly, sauce, crystallized bark and jam. Sabará is known for the production of jabuticaba derivatives. Jabuticada (Myrciaria cauliflora) is a seasonal fruit, a type of berry, native from Brazil. The city has been performing the Jabuticaba Festival of Sabará for more than twenty-five years. The derivatives come from traditional recipes (from generation to generation) which is ‘considered a strong element of cultural manifestation of who resides in the municipality’.
2. 26 October 2018, a Denomination of Origin was granted to bananas of the region of Corupá. The Association of Banana Growers of Corupá (Asbanco) in Brazil, made this application back in February 2018. While they wished to obtain the certification by the Banana Day celebration on the 18th April, they still managed to obtain it in 2018. The bananas grown in the region of Corupá claim to be the ‘sweetest in the country’.

Brazil recognizes two types of GIs: Indicação de Procedência and Denominação de Origem. The latter has a strong link with the regions as it recognizes the name of a country, city or region whose product or service has certain specific characteristics thanks to its geographical environment, including natural and human factors. An Indicação de Procedência does not require all links with the region (extraction, production and manufacture) but just one will suffice. Moreover, the specific characteristics due to their geographical environment be it natural or human factors are not required.

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Brazil: Geographical Indications in a map

Brazil: Geographical Indications in a map

Patricia Covarrubia   September 28, 2017   No comments:

Mapa das Indicações Geográficas brasileiras Source:INPI

We hear about a new map…GI map? The Brazilian Instituto Nacional da Propriedade Industrial (INPI) together with the Brazilian Institute of Geography and Statistics (IBGE) have prepared a Map of Geographical Indications of Brazil - available since September 13th, 2017. The Map is one of the results of the agreement between the two Institutes. The aim is to map the Brazilian production and service areas which have received a GI from INPI.

The map incorporates 4 new products recently recognised as Indicação de Procedência (Indication of Source). Brazil has two forms of Geographical Indication (GI): Denominação de Origem (DO) [there are 10 DOs in Brazil] and Indicação de Procedência [49 ISs in total]. DO is more valued because it depends on proof that the product has special characteristics due to its geographical environment, including natural AND human factors.

The new 4 products are: inhame da região São Bento de Urânia (yam), erva-mate de São Matheus (yerba mate), uvas finas de mesa de Marialva (grapes), and the mel de abelhas do oeste do Paraná (honey). The map also shows the farinha de mandioca (flour) of Cruzeiro do Sul, located in the region of Juruá, Acre registered on August 22.

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GIs: learning the bare concept and its understanding

GIs: learning the bare concept and its understanding

Patricia Covarrubia   November 18, 2016   No comments:

The Asociación Interamericana de Propiedad Intelectual ((Inter-American Association of Intellectual Property) (ASIPI) has partnered with oriGIn (Organisation for an International Geographical Indications Network) to increase cooperation on Geographical Indications (GIs). And while this news may be a bit old by 3 months we are starting to see how the project is building up.

In principle the plan is to “exchange information on GIs and related issues”. But going further as to promote, through networks, initiatives that support GIs. While for oriGIn the partnership is considered to “further promote the GI concept in the Americas”, on the other side of the pond it is seen as a great opportunity to acquire the knowledge and experience that Europa has – it is not only a matter of legislation but also practice. For example, in a recent fair (October 2016) called SAIL (International Food Exhibition) in Paris, the French Authorities seized a series of products that were either bearing or evocative of Protected Designation of Origins (PDOs). This ex-officio action is a European obligation for the protection of GIs which allows prompt action and withdraw of infringing products.

Going back to the start of this project, the signatures in the partnership did not even dried when the ASIPI’s Sub-Committee for GIs was already organising a special publication which aims to compile administrative and judicial resolutions on GIs. The idea behind this is to make judicial decisions and administrative resolutions more accessible to any party interested.

I am fortunate enough to be collaborating in the special publication and I welcome any input or suggestion of cases/decisions you would like to have at hand.

For more information please contact Ninoshka Urrutia, Abogado y Notario / Attorney at Law, Socia / Partner, Consortium Legal – Guatemala.

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Samba, carnival...yep, you got it, we bring news from Brazil

Samba, carnival...yep, you got it, we bring news from Brazil

Patricia Covarrubia   August 12, 2016   No comments:

From Brazil we looked at the number ‘57’ as a registered Geographical Indication (GI). The application came from the Instituto Bordado Filé das Lagoas de Mundaú-Manguaba (Inbordal) which is the representative of “local artisans who preserve the tradition and pass on know-how from one generation to another.” The product obtaining the GI is ‘Bordado Filé de Alagoas’, a non-agricultural product.

The Brazilian legislation does not differentiate between agricultural and non-agricultural products for the protection and registration of GIs. Yet, the legislation distinguishes between two GIs namely 1) denomination of origin (DO) and 2) indication of source (Indicação de Procedência). Another relevant issue under the Brazilian legislation is the recognition of services which is not common to see protected under GI – yet, they are not actually barred from registration e.g. PORTO DIGITAL (as an indication of source).

‘Bordado Filé de Alagoas’ is an “embroidery technique performed on a surface of woven wire.” While the technique’s origin can go back to ancient Egypt, its more recent location is found in the Iberian Peninsula. Inbordal noted that in the colony period it moved to Brazil and was consolidated and improved in the Lakes of Mundaú and Manguaba.

If you are Venezuelan...you know that
this is the best part of  'the' Carnaval

For those that study Intangible Cultural Heritage (ICH), the publication made by the Brazilian Instituto da Propiedade Industriale (INPI) notes that ‘Bordado Filé’ is registered as ICH for the State of Alagoas. This however does not appear on the UNESCO list of ICH. Brazil has 8 elements registered in UNESCO and you can rightly speculate that some ICH that are in this list are: SAMBA de Roda of the Recôncavo of Bahia (RL) and the performing arts of CARNIVAL of Recife (RL).

A year has passed since I examined the different GIs that exist in Brazil and I notice that from Sept 2015 to August 2016 (almost a year later) 13 more GIs have been registered. There are in total 40 Indicação de Procedência and 17 DOs.

Source INPI.

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A vacancy for PISCO: regulating GIs

A vacancy for PISCO: regulating GIs

Patricia Covarrubia   August 11, 2016   No comments:

In Latin American countries some Geographical Indications (GI) systems are controlled by the government and/or owned by the state e.g. Mexico; others do not expressly confer a property right on the GIs but designate those parties entitled to ‘use’ the GIs e.g. Argentina (for more info see Patricia Covarrubia, ‘Protection of non-agricultural GIs: a window on what is happening in Latin America’, European Intellectual Property Review, E.I.P.R. 2016, 38(3)) Therefore, it is not novel for us to hear that the Peruvian IPO called i.e. INDECOPI, is the legal administrator of all GIs of Peruvian origin. INDECOPI may therefore delegate administration to individuals, provided they meet the conditions to do so.

18 months! what I have been drinking,
then under an illegal Council?

The news relates to that the present institution that regulates Pisco i.e. the Pisco Regulatory Council, cannot any longer assume the administration of Pisco because “it does not meet the requirements under the law. No infrastructure, equipment, personnel or financial resources to carry out effective administration”. At the moment, there are 481 authorised producers of Pisco that can use the said name.

It also informed that the President of the Regulatory Council of Pisco had finished 18 months ago and it cannot conduct elections for its new officers. Because of this, Pisco producers “demanded the immediate vacancy of that office and called for elections.”

Looking for a Pisco regulator? look no further!

INDECOPI noticed that it cannot delegate the management of Pisco since it cannot assume functions assigned by law. It can however supervise those that use the name and that they meet the requirements producing the quality that identifies the said product. For instance, conducting inspections, confiscating fakes and stopping bottles of alcoholic beverages using Pisco without the proper authorization.

Finally, INDECOPI urge to have a representative Pisco Regulatory Council and it has been visiting all the Pisco region to hear comments and suggestions that the new board of Pisco Regulatory Council should have.

Source INDECOPI.

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