GENEVA, SWITZERLAND – The kind of legal protection available to AOC’s (Appelation d’Origine Contrôlée) is being expanded to products with Geographic indications (GI), following the signing in Geneva 22 May of the Geneva Act to the Lisbon Agreement.
Expect a more complete worldwide register of foods and drinks tied to the notion of place known as terroir.
The Lisbon Agreement for the Protection of AOCs was drawn up in 1958. Under its terms some 9,000 geographic indications for products have been registered by its 28 members. France and Italy have been active, but Switzerland and Germany, for example, have not been members – nor is the US.
From AOCs to GIs
The new Geneva Act is an attempt to modernize the system and expand its use. Francis Gurry, director general of Wipo (World Intellectual Property Organization), told IP Watch, an industry newsletter, that “The first big change is there will now be an international register of geographical indications. Up to now it was only appellations of origin. That is a very important step.”
The Lisbon Agreement was one of the first designed to bring some kind of order to the GI regulations of different countries and regions covering wine, but also spirits and food.
Gurry, in the IP Watch interview, said
“With the inclusion of GIs in the system comes a number of consequences. The treaty will be more attractive to a wider range of countries, some of whom have had difficulty with the notion of appellation of origin and who have preferred geographical indications. We will see a natural expansion of use as a consequence of the inclusion of GIs.
Since a GI is commonly said to be easier to satisfy than an appellation of origin, it also means that for producers it may be slightly easier to get protection. So I hope GIs will become more accessible.”
A protected name or generic tag?
Wipo oversaw the expansion of the Lisbon Agreement, which made some countries unhappy, notably the US. It argued that a United Nations agency such as Wipo should not be holding votes that exclude some members. The Lisbon Agreement has long been contentious due to different approaches to the use of names in different parts of the world. The classic example is Parmesan, with Lisbon countries and the European Union agreeing that it is a protected name for cheese from Parma, Italy, while the US cheese industry argues it has become a generic name for a type of cheese.
Swiss is likely to join what is now known as the Geneva Act, the federal intellectual property office (IGE/IPI) in Bern noted over the weekend. “Switzerland is not yet a Member of the Lisbon Agreement. In view of its potential future adherence to the Geneva Act, however, Switzerland participated both in the preparatory working group meetings and at the diplomatic conference as an observer, contributing actively to the negotiation process.”
The federal office provides an explanation of the difference between AOC and GI:
“The basic difference between the two terms is that the link with the place of origin is stronger in the case of an appellation of origin. The quality or characteristics of a product protected as an appellation of origin must result exclusively or essentially from its geographical origin. This generally means that the raw materials should be sourced in the place of origin and that the processing of the product should also happen there. In the case of geographical indications, a single criterion attributable to geographical origin is sufficient for the geographical indication to qualify as such, which may also be the specific reputation of the product. Moreover, the production of the raw materials and the development or processing of a geographical indication product do not necessarily have to take place entirely in the defined geographical area. Examples of appellations of origin respectively geographical indications are Darjeeling Tea, Ceylon Tea, Basmati Rice, Thai Silk, Café de Colombia, Herend Porcelain, Champagne, Gruyère, Emmental cheese, Geneva watches, Bündnerfleisch, Swiss chocolate, etc.
Extending the scope of the Lisbon Agreement to geographical indications, the Geneva Act opens the international registration to many more specialty products, thereby facilitating the international protection in the countries which are contracting parties to the Lisbon Agreement. Joining the Lisbon Agreement thus becomes more attractive to countries which have not done so yet.”
[…] Swiss-based Ellen’s Wine World wrote about the new Act and observed, “The Lisbon Agreement has long been contentious due to different approaches to the use of names […]