IPTango: Sello de origen

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Thursday, 12 September 2019

Chile on promoting national products

Patricia Covarrubia September 12, 2019 No comments:

In Sept 2019, the Chilean Intellectual Property Office (INAPI) and Pro Bono Foundation signed a cooperation agreement seeking to promote the ‘education and culture of industrial property protection.’ The aim is to disseminate and guide users about ‘how to protect their brands and innovations’.

Background: Pro Bono is a NGO and a non-profit organization launched back in 2000. The organization ‘promotes and facilitates democratization in access to justice for the benefit of vulnerable people and groups and social organizations.’ It is made of 39 legal firms, 10 companies and an array of lawyers.

One of the key areas will be the use of ‘sello de origen’ - seal of origin, which aims to preserve and stimulate particular forms of traditional manufacturing/production, traditional crafts, and unique ‘national’ products. The purpose of ‘sello de origen’ is to promote the ‘adequate use of industrial property tools for the recognition and protection of Chilean products through the registration of Geographical Indications (GI), Denominations of Origin (DO), Collective (CoM) and Certification Marks (CeM)’. Check our previous post on this here.

There are six regions in continental Chile and as on the 12th of Sept 2019, the following products are benefiting (or to benefit) from these tools:

Norte Grande
Oregano de la Precordillera de Putre (oregano) – registered as GI
Aceitunas de Azapa (olives) – registered as GI
Maíz Lluteño (corn) – registered as GI
Limon de Pica (lime) – registered as GI

Norte Chico
Aceite de Oliva del Valle del Huasco (olive oil) – registered as DO

Centro
Manos de Isla negra (textiles handicraft) – registered as CeM
Dulces de Ligua (sweet pastries) – registered as GI
Sabor Limachino (tomatoe) – registered as CeM
Chicha de Curacaví (alcolic drink) – registered as DO
Dulces de Curacaví (sweet pastries) – registered as GI
Viñedos Casablanca Route (wine products) - registered as CoM
Sandía de Paine (watermelon) – registered as GI
Corazón de Paine (watermelon_ - registered as CoM
Chamantos y mantas corraleras de Doñihue (textiles) – registered as DO
Sal de Cahuil - Boyeruca Lo Valdivia (salt) - registered as DO
Alfarería de Pomaire (traditional clay jars) – registered as DO
Crin de Rari (miniature knitting) – registered as DO
Loza de Pilén (clay pots) – registered as DO
Puerro Azul de Maquehue (leek)– pending as GI
Mieles Altos de Cantillana Producida en Alhué 100% Natural (honey) – pending as a CoM

Sur
Alfarería de Quinchamalí (sweet pastries) – registered as DO
Tomate Angolino (tomatoes) – registered as GI
Prosciutto de Capitán Pastene (ham) – registered as DO
Piedra Cruz (semiprecious stone) – registered as DO
Sidra de Punucapa (cyder) – registered as DO
Cerveza Valdiviana Región de Los Rios (beer) – registered as CoM
SIPAM Chiloé (agricultural patrimony products) – registered as CeM
Cordero Chilote (lamb) – registered as GI
Chupallas de Ninhue (traditional handmade hats) – registered as DO

Austral
Calidad Aysén Patagonia-Chile (products and services) – registered as CeM

Insular
Atún de Isla de Pascua (tuna) – registered as GI
Langosta de Juan Fernández (lobster) – registered as GI
Cangrejo Dorado de Juan Fernández (crab) – registered as GI
Joya Negra del Pacífico (handicraft) – registered as CeM

Chilean Sello de Origen: Adding value to heritage products

Patricia Covarrubia July 27, 2016 1 comment:

This week I received my WIPO Magazine and I was happy to see that Chile made the front cover. I immediately recognised the words Sello de Origen and of course, quickly I went to read the article titled ‘Adding value to Chile’s heritage products with the Sello de Origen’. I felt that I was reading the iptango in a nutshell -- from day one we have cover the news starting from ‘pica’ lemon (Chilean first GI, 2010) to their lovely ‘paine’ watermelons (last GI recorded, 2016). We have also covered other products that are still recognised by the Sello de Origen and thus, we have covered AOs, certification and collective trade marks. For those that are not familiar with this program, The Chilean Ministry of Economy together with the Chilean Instituto Nacional de Propiedad Industrial (INAPI) launched a program aiming to promote traditional products through the grant of Geographical Indication (GI), Appellation of Origin (AO), Collective Trade Marks and/or Certification Marks.

The magazine article puts forward how the program operates and brings a case study i.e. the salt of Cahuil (AO, 2013), and how successful Sello de Origen has been for their trade.

The article finishes with some of the words that we use when covering GI in general, which is that GI (in this case Sello de Origen) is a “tool for adding value to the products of …rich heritage”. When explaining the case study, the article acknowledges that the local producers are trying to develop tourism in the region and that they look to capitalize on their product and to encourage younger generations to keep the tradition which helps their future. However, the article does not cover any spoiler. And we all know that GIs do not work for everyone.

Actually, part of the Sello de Origen project is, in its first step, to identify the products, but then, there is a selection process (second step), where products are singled out if they are ‘worthy’ of IP protection. Then the question is: what is to be worthy? Any product which is the creation of a person or group of people not only is worthy of protection but must be protected. This is, if I am not mistaken, the bare notion of IP and its regulation i.e. is a set “of the intangible products of human creativity” (Abbott, Cottier & Gurry) and “Intellectual property law regulates the creation, use and exploitation of mental or creative labour” (Bently & Sherman).

While any product is worthy there is indeed the issue of GI which apart from using it as a tool for enhancing cultural value, it can sometimes have a negative effect since some of these products are created or extracted by farmers or small communities where the value given to the product is given by its uniqueness. If production is pushed and rushed due to demands, individuality will be lost -- as we are reminded in the case studies of Chulucana in Peru and Tequila in Mexico.

This last comment is not of detriment to the Sello de Origen program, on the contrary, it has been always supported by the blog. But it would be correct to see that projects and campaigns also put in ‘black and white’ the flaws and problems that SMEs may face.

GI: does it help?

Patricia Covarrubia January 28, 2016 No comments:

‘Sello de Origen’ (Label of Origin) is a Chilean program developed by the Ministry of Economy together with INAPI. The aim is to provide resources for those interested in applying for their product to be distinguishing by this label i.e. sello de origen, which may comprise a geographical indication, denomination of origin, collective marks and/or certification mark. The resources are used to develop the technical studies required for the application. The sign seeks to protect and commercially promote the typical products of Chile.

According to INAPI, ‘sello de origen’ aims to protect and promote typical products and it stimulates entrepreneurship and productive development of communities in the country. The program started back in 2012 where each region in Chile submitted a list of potential products that could be enhanced by this sign. The list then was analysed by a technical committee which started to prioritized products that had potential.

This year starts by granting the label and geographical indication to ‘Sandías de Paine’ (watermelon from Paine). Paine’s watermelons made an application in late 2014 stating that the watermelons were distinctive from others due to its high sweetness and nutritional quality. Each variety been different from each other because of their size, shape, and harvest time.

Among other Chilean GIs there are: Limón de Pica (lime); Langosta de Juan Fernández (lobster); Atún de Isla de Pascua (tuna); Cangrejo Dorado de Juan Fernández (crab); Dulces de la Ligua (sweet); Maíz Lluteño (corn). A more recent certificate granted through this program was the certification mark ‘Manos de Isla Negra’ for hand woven material – embroidery; each piece been unique and with a processing time between 2 to 6 months.

GIs are launched as a promoting tool for products but we need to make sure that apart for promoting they still protect - protection not in the IP sense because surely GI works as a distinctive sign which refrains others without right from using it. GIs, as in the case in here, and actually the whole 'sello de origen' covers unique typical products. Usually these products are produced by farmers or small communities where the value given to the product is given by uniqueness. If we push that production because the demand is higher are we potentially destroying it? I am reminded of the Chulucana's case in Peru and Tequila in Mexico. Do you know any other cases?

Chile registered its own prosciutto #yummy

Patricia Covarrubia June 04, 2015 No comments:

Back in 2012, the Chilean President, Sebastián Piñera, together with the Minister of Economy and the National Director of the National Institute of Industrial Property (INAPI) launched the program ‘sello de origen’ (Origin Mark or ‘Label of Origin’). The program aims to recognize and protect via industrial property Chilean products. The origin mark recognizes a products’ traditions, reputation or geographical locations.

More specifically, the program aims to promote the use and protection of Chilean products through the registration of geographical indications (GI), denominations of origin (DO), collective marks and certification marks and thus, promoting entrepreneurship and productive development of communities.

On May 2015, three years after the launch of the program and on the occasion of the inauguration of the stand "Label of Origin" in the food fair CHILE A LA CARTA, INAPI granted yet another DO (the fifth for a Chilean product) and a ‘Label of Origin’ (the fourteen) to the ham ‘Prosciutto de Capitán Pastene’. The certificate was handed in by INAPI’s director and received by representatives of the Regional Government of Araucanía, who together with the producers of the ham started the DO process (January 2014).

In Chile a DO identifies a “product as originating in the country, region or locality of the national territory, where the quality, reputation or other characteristic thereof is essentially attributable to its geographical origin, taking into consideration natural and human factors that affect the product’s characterization.” The definition is indeed a resemblance of Art 2 Lisbon Agreement.

The application was based on “the quality and uniqueness of this ham, which is historically associated with their geographical origin in the town Capitan Pastene, and using processing techniques inherited from the Italian immigrants [then it makes sense why they call it ‘prosciutto’ rather than ‘jamon’], supplemented by the local culture and the particular climatic conditions due to the geographical location where it occurs. It is a product made by hand, incorporating the smoked wood as part of its process, the maturation takes place in natural conditions and in the presence of cold air from the Nahuelbuta Mountains allowing long periods without loss of moisture, using only salt and no added preservatives, which is made exclusively from the rear legs of the pork.”

Finally the note indicates that this recognition (as many others) is expected to “contribute to the rescue of the local culture, increase the demand for these products originating and encourage the establishment of new tourist routes in the region.”

Other products that are waiting to be granted a recognition are: ‘Sal de Cahuil’ – a salt (DO) ‘Dulces de La Ligua’ – sweet (GI) and ‘Aceitunas de Azapa’ – olives (GI).