Geographical indications (GIs) are intellectual property (IP) rights that serve to identify a product that originates from a specific geographical area and that has a quality, reputation, or other characteristics that are essentially attributable to its geographical origin. A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. For example, Blue pottery of Jaipur

Why do we need GIs?

provide information to consumer about quality: ordinary shoppers may choose certain products based to origin (may taste better than other products)

provide added value to producers: customers may be willing to pay more for GI protected stuff and gain competitive advantage

protect producers from unfair competition: GI holder has the right to stop those from using the name if they do not follow the applicable standards (e.g. Ducheling tea)

agricultural support and policy is changing shape

benefits rural community and developing countries: provide market value and therefore more countries have started to use GIs to increase competitiveness and stimulate rural communities, thus increasing livelihood of producers and farmers. Also case in developed countries as they offer primary source of income

increasing competition in the EU market (e.g. wines)

Protection of GIs in the global IP system:

Paris Convention for the Protection of Industrial Property, 1883

Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods, 1891

Lisbon Agreement for the Protection of Appellations of origin and their International Registration, 1958

TRIPS Agreement 199

How are GIs protected?

Unfair competition and passing off (preventing one trader from misrepresenting goods or services being the goods and services of another) how some countries regulate

Collective and certification marks (or guarantee marks Australia, Canada, USA). May be used by more than 1 person, but producers must abide by standards and regulations set out by the owner

Laws focusing on business practices: e.g. consumer protection laws, indirectly protect GIs as they prevent certain acts that prevent use of GI

Sui generis system: system which is exclusive to them

International laws do not specify how GIs should be protected

Countries can provide more than one approach to protect GIs