A geographical indication (GI) is a mark used on products that have a specific geographical origin and have the quality or reputation arising from this origin. To function as a GI, a mark must identify a product as originating in a particular location. In addition, the qualities, characteristics or reputation of the product should mainly depend on the place of origin. There is a clear link between the product and the original place of manufacture, as the attributes depend on the geographic place of manufacture.
The geographical indication right allows those who have the right to use the mark to prevent the use of the product by a third party that does not comply with the applicable standards. For example, in jurisdictions where the Darjeeling geographical indication is protected, Darjeeling tea producers may exclude the use of the term "Darjeeling" for teas that are not grown in tea gardens or produced to the standards set out in the codes of practice.
However, a protected geographical indication does not prevent the owner from making a product using the same techniques specified in the standards for that mark. The protection of the geographical indication is generally provided by gaining the right on the mark forming the mark.
Geographical indications are generally used for agricultural products, foodstuffs, wine and spirits, handicrafts and industrial products.
In many sui generis legislation, geographical indication registrations are not subject to a certain validity period. This means that the protection of a registered geographical indication will remain valid until the registration is revoked.
Collectively registered geographical indications and certification marks are generally maintained for renewable ten-year terms.
The right to use protected geographical indications belongs to the manufacturers who comply with the product-specific production conditions in the defined geographical area.
Geographical indication (GI) rights, like all intellectual property rights, are typically enforced by the application of national law in a court of law. The right to sue may belong to a competent authority, prosecutor or any interested party, natural or legal person, public or private. Sanctions provided for in national legislation can be civil (orders limiting or prohibiting illegal acts, compensation actions, etc.), criminal or administrative.
Geographical indications are generally used for agricultural products, foodstuffs, wine and spirits, handicrafts and industrial products.
Consumers are paying more and more attention to the geographic origin of products, and many pay attention to certain features found in the products they purchase. Therefore, geographical indications (GI) act as product differentiators in the market by enabling consumers to distinguish between products with geographical origin-based characteristics and other products that do not. Geographical indications can therefore be a key element in developing co-brands for quality products linked to their origin.
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