Brussels rural Development Briefings a series of meetings on aCp-eu Development issues The Geography of food: reconnecting with origin in the food system This Reader was prepared by Isolina Boto, Manager, CTA Brussels Office Suzanne Phillips, Research Assistant, CTA Brussels Office Francis Fay, DG AGRI, European Commission Georges Vassilakis, DG AGRI, European Commission The Geography of food: reconnecting with origin in the food system. Briefing n. 31 This Reader was prepared by Isolina Boto, Manager, CTA Brussels Office The Geography Suzanne Phillips, Research Assistant, of food: CTA Brussels Office reconnecting Francis Fay, DG AGRI, with origin in the European Commission food system Georges Vassilakis, DG AGRI, European Commission Editing / layout by Thérèse Burke, Brussels, May 2013 CTA CTA and partners would like to thank the European Commission/ DG Agriculture for their contribution to this Briefing. The information in this document was compiled as background reading material for the 31st Brussels Development Briefing on Geography of food: reconnecting with origin in the food system. The Reader and most of the resources are available at http://brusselsbriefings.net The Geography of food: reconnecting with origin in the food system. Index 1. Interaction between people, product and place A people-centered approach History of regional identities 2. Frameworks and tools for protection of origin-linked products 2.1 Existing instruments for protection of agricultural products 2.2. Definitions and context Generic status The trade mark system Indication of source Geographical Indications Appellation of origin 2.3. International Legislative Framework for protection of origin-linked products 2.4. European frameworks for protection of origin-linked products 2.5. ACP-specific frameworks 2.6. Bilateral agreements 2.7. Other quality schemes 2.8. Comparison of legal protection 3. Socio-economic aspects of origin-linked products : contribution to rural development and lessons learned from GIs 3.1. Economic value 3.2. Contribution to Rural Employment 3.3. Social aspects and territorial dynamics 3.4. Origin-linked products, biodiversity and traditional knowledge 3.5 Main lessons learned from GIs 4. Overview and case studies of origin-linked products at regional and local level 4.1. The USA 4.2. China, India, Indonesian and the Asian context 4.3. ACP countries 4.3.1. Specific cases of protection of agricultural food products in ACP countries 3 The Geography of food: reconnecting with origin in the food system. 5. Positioning origin-linked products and demand side considerations 5.1. Origin-linked products and consumers perceptions and uses 5.2 The importance of effective market positioning 6. Conclusion Annexes Glossary Acronyms Resources Websites 4 The Geography of food: reconnecting with origin in the food system. Context Some agricultural and food food or agro-processed products1 is based upon their specific products display specific that have a “story” – are deeply- characteristics, the result of a characteristics which are inherent rooted in the various popular unique combination of natural to the place where they are cultures or simply reputed for resources (climatic conditions, produced and that give the their specific place of origin. For soil characteristics, local plant product a reputation. Tequila, producers and small and medium- varieties, breeds, etc.), local Parmigiano-Reggiano, Darjeeling sized companies, this new trend skills and historical and cultural or Champagne are only a few could imply new opportunities practices, as well as traditional examples of product names which to differentiate product in the knowledge in producing and acquired a reputation linked to market and secure price premiums processing the products. The first their geographical origin and are and/or increased sales. Origin- step for local actors is to be aware familiar to most of us. linked products, especially those of this potential by identifying traditionally produced, have the the links between product, its There is a growing interest among potential to promote and preserve qualities, its reputation, and the consumers in developed and the natural environment of their geographical environment where it developing countries to purchase production area. This potential is produced. Interaction between people, product and place2 that contribute to biodiversity preservation, cultural heritage protection, and socio-cultural development. Particularly successful and renowned GIs produced in less- favoured areas may also contribute to rural poverty reduction. Through the effective marketing of these products, rural activities can be maintained and even diversified, so as to promote related industries, such as tourism, and also to prevent outward migration. Indeed, specific local resources involved in the production system, i.e. unique plant varieties, animal breeds or traditional landscapes, food traditions and culture are valuable also for tourism Strengthening the ties among or reputation linked to the places and gastronomy. local stakeholders, places and where they are produced. These agricultural and food products is differentiated products may be able History of regional identities a major step towards sustainable to access a specific and remunerative rural development. These relations demand. A segment of consumers Regional product identities have are based on local capacities are increasingly concerned with the a long history. In ancient Egypt, to create value within a global specific attributes of agricultural places of origin were used to identify market, while remaining anchored and food products, particularly in products and to signal their quality. in a specific place. Origin-linked terms of their culture, identity and In the Middle Ages, European guilds products described by geographical means of sustainable production. gave their products certain names indications (GIs) are those that Moreover, within the vast diversity to assure consumers of consistent have specific quality attributes of origin linked products are many quality, assure market exclusivity 5 The Geography of food: reconnecting with origin in the food system. and protect producers legally Global brands are standard Regional products in a general (INAO, 2005). The history of some products that are marketed across sense –can be defined as local well-known cheeses can be traced the globe with the same brand products based on a territorial back to this period: Parmigiano name. It is sometimes said that identity and reputation, and/or Reggiano in Italy, Stilton in the UK, these weaken cultural boundaries typical products based on specific and Comté in France. The process and make tastes and preferences modes of production and whose of establishing a regional reputation converge. But consumers are also quality, reputation or any other went parallel with the emergence aware of the loss of regional and characteristics are attributable of the concept of individual brands. specialist products. This desire essentially to their geographical In both cases, producers tried to for variety and for maintaining origin. The geographical origins can enhance their products’ value by local products has stimulated the be provinces, states, departments, associating consumers with a name: marketing of traditional regional countries, but also cross-border a single producer in the case of a products and triggered the search areas that are culturally, naturally or brand, on a collective scale in the for new regional products to sell. climatically homogeneous. case of regional products. The increasing interest in regional specialties can be seen throughout Traditional agricultural and food Several regional products identified the world. ‘Darjeeling’, ‘Antigua’, products represent an expression of in the marketplace by geographical ‘Parma’, ‘Gorgonzola’, ‘Bordeaux’, culture and lifestyle resulting from names date from the 19th century, ‘Roquefort’, ‘Blue Mountain Coffee’, the local climatic, agricultural and including Opperdoezer Ronde ‘Sea Island Cotton’, ‘Porto’, ‘Ceylon’ economic conditions that determine potatoes (Netherlands) and and ‘Havana’ are well known production and processing practices. Washington apples (USA). While examples of geographical names As a consequence, the traditional such regional indications remained that are associated throughout the nature of a product is based on a important, their significance world with specific products. Their collective heritage and is linked gradually shrank over time. National reputation derives from the special to a specific territory although it and international trade evolved, qualities that products from those is transmitted by the migration of and technical grades and standards places possess (O’Connor and individuals or populations. Rural developed and became more Company, 2005). areas can, therefore, offer a diversity important in trade. During the of traditional regional agricultural 20th century, internationalization The image of the region and regional and food products reflecting expanded rapidly. The urge for names are often used to market the human interaction with the economies of scale meant that products that may have a strong environment over a long period certain regions began to specialize reputation associated with their of time. Tradition implies a skill in producing a few products. place of production. As Bérard and or attribute that is handed down Firms marketed their products Marchenay (2005) point out, origin from one generation to the next. over an ever-wider area. Product products do not just ‘come from’ a Traditional agricultural and food specialization also occurred: region; they ‘are’ from a region. This products present characteristics that instead of producing a broad means that they convey values and distinguish them from similar and product assortment, companies culture – i.e., identity. In general, generic products, either in terms of specialized in a few, standard, these products have, a greater composition (specific raw material products. This mass production or lesser extent, specific qualities and primary products – animal resulted in the loss of many unique, based on human expertise and the breed or plant variety – and their specific regional products. In time, natural environment where they are combination) or production and the globalization for business and produced. The mix of these specific processing methods. As regards markets increased further. qualities and the regional image processed food products, these creates a unique identity for the methods can give birth to specific product, so raising its value.3 culinary traditions4. 6 The Geography of food: reconnecting with origin in the food system. 2. F rameworks and tools for protection of origin- linked products 2.1. Existing specific or sui generis laws the meaning of generic. Product instruments protecting identified and defined names become generic when the GIs; trade mark laws; product link between the territory and for protection labelling regimes; laws against the product is lost. For example, of agricultural unfair competition; consumer fraud according to India´s recent GI Act products protection laws such as those for generic is “the name of a good truth in labelling; and occasionally which, although relating to the specific laws or decrees that protect place or the region where the The form of protection must be in individual names for product of a good was originally produced or accordance with legal provisions specific origin. manufactured, has lost its original applicable. At international level the meaning and has become the most significant for the protection common name of such goods of names are the Paris Convention 2.2. Definitions and and serves as a designation for or and TRIPS agreements within the context indication of the kind, nature, type WTO. These agreements have or other property or characteristic almost universal application, with Generic status of the goods.” Generic status is the Paris Convention signed by 174 defined in similar terms in the countries and TRIPS agreement by Generic names are commonly Regulation EU No 1151/2012 on 159 countries. At the national level, excluded from registration both in quality schemes for agricultural names are protected by a variety trade mark and GI law. However, products and foodstuff within the of laws or instruments depending in positive registration systems for limits of the European Union. on the country. These can include: GIs there are explicit definitions of The feta cheese case. Several cases have produced jurisprudence relevant to defining the generic status of a product. Feta cheese from Greece exemplifies an indirect or traditional GI because it is not a geographical name but it conveys an origin to consumers. Cheese has been produced and marketed under the name “Feta” in other countries for decades. For many decades, Greece had regulated Feta production and marketing as a specific product: it recognized a GI (technically a “protected designation of origin”) in 1994 and applied for EU registration the same year. Germany, France and Denmark opposed the application with the argument, inter alia, that it was a generic term. To assess whether or not the designation had become generic, an opinion survey of 12 800 EU nationals was carried out, which showed the importance given to consumer perception in assessing the generic status of product names. An expert committee evaluated diverse evidence and concluded that the name “Feta” was not generic for consumers in the Union, and the name is now protected. A phase out period for existing users of the name was granted and in October 2007, Feta indications in the EU ceased to be used by producers outside Greece. 1 The trade mark system products for consumers and vis-à-vis signs, capable of distinguishing the competitors” protected by industrial goods or services of one undertaking Marks are “distinctive signs property law. Article 15.1 of TRIPS from those of other undertakings, whose purpose is not to protect gives a definition of the trade mark: shall be capable of constituting a an invention but to distinguish “Any sign, or any combination of trade mark”. A trade mark provides 7 The Geography of food: reconnecting with origin in the food system. its owner an exclusive right to trade association) and commercial performance specifications set down designate products and services, or use of them is made via the members by the Woolmark Company. It is to authorize another entity to use of the group. These trade marks registered in over 140 countries and it, usually but not always in return are mainly used to guarantee some is licensed to manufacturers who are for payment. The length of the products characteristics such as able to meet these quality standards protection varies (approximately geographical origin: in 65 countries. 7 ten years), but a trade mark can be renewed indefinitely by means of Example: The Melinda collective mark additional taxes. To be considered is used by the 5200 members of the as a lawful trade mark, a chosen sign 16 apple producing cooperatives must be, inter alia: working in Valle di Non and Valle di Sole (Italy) who established the - Distinctive: the sign must Melinda Consortium in 1989. 5 Trade marks are often used to distinguish goods and services project an image of GI products from other goods and services in Certification mark: they are the in the form of a logo or image. It the same category; property of a group which does is common for products for which not trade in the relevant product names are registered as GIs to also - Non-deceptive: the sign must not itself. Certification marks indicate have logos registered as trade marks be of a nature that can generate that products have been produced – Café de Colombia, Darjeeling, confusion among consumers, subject to given standards which Roquefort, Parmigiano Reggiano all including confusion as to origin. may include a geographic region of project their image using figurative production. A certification mark is trade marks, while all these names There are three types of marks: the instrument that “comes closest are entered in the EU GI register to the one established in Roman law as well. The figurative trade marks Individual trade marks: they are countries regarding appellations of do not normally prevent other owned by a single specified natural origin” (OECD, 2000).6 operators from using the names on or legal person. The main difference non-originating product since only with geographical indications is the full image with all components that they apply to particular firms is protected. GI protection of the or other single organisations, and term (without figurative elements) as such, are more restrictive as they therefore gives a stronger protection do not give rights to new producers of the name. within a geographic zone to use the Example: The Woolmark symbol is registered name without the consent the registered trade (certification) Word marks have been used to of the owner; mark of the Woolmark Company. protect origin-based products The Woolmark is a quality assurance in developing countries. Notable Collective trade marks: they are symbol denoting that the products examples include the protecting of owned by a public or private group on which it is applied, are made from the coffee names Yirgacheffe, Harrar of more than one legal entity (e.g. 100% new wool and comply with and Sidamo8. 8 The Geography of food: reconnecting with origin in the food system. According to WIPO, after decreasing filed worldwide. Looking at the worldwide).  Africa accounted for in 2009, trade mark and patent geographical distribution of the only 2% of trade mark applications in applications saw a return to growth applications,  Europe and Asia show 2010, South Africa being the country in 2010. In 2010 over 5.5 million the highest shares of application with the highest number of trade goods and services classes where received for trade marks filing mark filing application in 2010 (30 specified in the estimated 3.6  activity (accounting for over 75% 549), followed by Morocco (29 829) million trade mark applications of all trade marks filing activity (WIPO, 2012).9 The case of Yirgacheffee, Harrar and Sidamo Coffee. The Ethiopian economy is heavily dependent on coffee exports. Whilst coffees such as Harrar, Sidamo, Yirgacheffee have a reputation around the world, only 5 to 10 percent of the retail price actually goes back to Ethiopia, most of the profit being captured by middlemen and distributors. With this challenge in mind, in 2004 the government launched the Ethiopian Coffee Trademarking and Licensing Initiative. The initiative is organized and run by the Ethiopian Fine Coffee Stakeholder Committee, which is made up of cooperatives, private exporters and the Ethiopian Intellectual Property Office (EIPO) as well as other Government bodies with direct responsibility for the development of the coffee sector in Ethiopia. The key strategy agreed by the stakeholder committee, under EIPO’s leadership, was to achieve wider recognition of the distinctive qualities of Ethiopian regional coffees as brands and so position them strategically in the expanding specialty coffee market; while at the same time to protect Ethiopia’s ownership of the names so as to prevent their misappropriation. This would lead to a greater share of the high retail price Ethiopian coffees demand going straight to rural producers. With trademarks secured now in 28 countries, Ethiopia is building a network of licensed distributors across the world. That is, Ethiopia is inviting coffee companies, large and small, who want to use these names in marketing these Ethiopia coffees, to sign a licensing agreement and to collaborate directly with Ethiopia on a long-term plan to ensure that the coffees are traded to everyone’s benefit. This initiative aims to increase the prosperity and hope for all actors through the trading chain. The government of Ethiopia was concerned about the practicality and expense of using an IPR system to protect smallholder rights. It decided to protect its commercial origin through trade mark registration. This was seen as an effective route of protection because it would grant the government of Ethiopia the legal right to exploit, license and use the trade marked names in relation to coffee goods to the exclusion of all other traders. Unlike a GI, a trade mark registration does not require proof and certification that a specific coffee is produced in a specific region or has a particular quality in connection with that region. The trade mark registrations allowed for more flexibility and avoided imposing costs on the 4 million smallholders, many of whom are already living below the poverty line. The Stakeholder Committee therefore opted for a trade mark-based solution, with the Ethiopian government as the owner of these marks. This strategy gave the Ethiopian government greater and more effective control over the distribution of its product, which ultimately increases revenue by exporting more goods, enabling a rise in prices and benefits to farmers. Indication of source which refers to a specific quality or source indications therefore do not reputation. According to the World constitute a GI10, but may nevertheless Generally refers to a sign that Intellectual Property Organization be useful tools to market product indicates that a product originates (WIPO) an “indication of source” and identity. Two international from a specific geographical region, means any expression or sign agreements (Paris Convention for in particular some countries. In used to indicate that a product or the Protection of Industrial Property this sense, an indication of source service originates in a country, a and the Madrid Agreement for the covers a broader scope than the GI, region or a specific place. Many Repression of False or Deceptive 9 The Geography of food: reconnecting with origin in the food system. Indications of Source on Goods) Although most of the protected to unique characteristics or particular use the term indications of source. GIs occur in the more developed qualities that coexist with many Neither gives a formal definition, regions, there are many candidates large-scale GI products. but the language used in the latter and potential GIs in the developing agreement makes clear that an parts of the world that have been Because of the different methods indication of source is a general term. postulated by experts, some have of registration and the lack of a been through the test of registration, central registry, it is difficult to Geographical Indications defined by others are unproven. The best- assess accurately the actual number the TRIPS Agreement in 1994, “are known include Sidamo, Yirgacheffe of GIs in many countries. In some indications which identify a good and Harrar (coffees), Tequila (spirit cases, such as in the United States, as originating in the territory of a drink), Darjeeling (tea), Pampas a number may be protected as member, or a region or locality in (beef), Tellicherry (pepper), Café de trade marks and cannot be readily that territory, where a given quality, Colombia, Basmati (rice), Rooibos distinguished from marks that are reputation or other characteristic of (infusion), Antigua (coffee), and source indications. In others, such the good is essentially attributable to many more, with or without formal as China, different systems overlap its geographical origin”.. protection. Currently, only a modest or coexist and totals are not easy to number have significant economic ascertain. A GI encompasses four main value and their identification as elements: (i) a defined geographical potential GIs does not necessarily area of production; (ii) specific imply that they would enjoy market 2.3 International production methods; (iii) specific success, particularly in more Legislative product quality or reputation and; developed markets. Framework for (iv) a name that identifies the specific product. Distribution of protected GIs protection of worldwide by country and by product origin-linked A GI is a name, usually geographical, category12 that identifies a product to which products quality, reputation or other Given the strongly evolving characteristics are attributable. A GI consumer preferences that are In addition to general references in signals to consumers that the goods simultaneously seeking diversity and the General Agreement on Tariffs have characteristics or reputation as the assurance of value and quality, and Trade (GATT), 1947 and 1994, a result of their geographical origin. considerable opportunities are likely several international agreements to emerge for new GIs. For example, offer protection for origin-linked A global overview of GIs today11 even though Kampot pepper names, via trade marks or using (Cambodia), Argan oil (Morocco), specific references to GIs. The Paris While many thousands of products Chontaleño cheese (Nicaragua), Convention for the Protection of with the potential of being and Rooibos tea (South Africa) Industrial Property of 1883, signed distinguished by a GI already exist, may not yet be formally protected by 173 states, administered by a recent study surveying the laws in in their own or other countries, the World Intellectual Property 161 countries notes that only a small in some markets the names are Organization (WIPO) provides number of product names are legally already recognized and rewarded for international recognition and protected. GIs are now increasingly nonetheless. protection of trade marks and perceived as an opportunity in many GIs. WIPO also administers the countries to differentiate products Many GIs are marketed globally; the Madrid Agreement on Trade Marks in the market. These physical and largest markets being the European accounting for 56 contracting cultural assets form the basic value- Union and the United States. In both parties (for international filing and giving characteristics upon which these markets, there are a multitude protection of trademarks)13, and the GIs are built. of smaller individual GIs with claims Lisbon Agreement for the Protection 10 The Geography of food: reconnecting with origin in the food system. of Appellations of Origin and Their language that allows one to infer the as to the true geographical origin of International Registration (WIPO, following definition of an indication the good could be considered an act 2005), which has 28 signatories. of source: “an indication referring of unfair competition.15 These are essentially registration to a country, or to a place situated mechanisms. therein as being the country or place The Madrid Agreement for the of origin of a product”. An indication Repression of False or Deceptive The most significant binding legal of source provides information about Indications of Source on Goods (1891) provision is however the trade the geographical origin of a product, mark (Section 2) and geographical which may or may not have a special The Madrid Agreement for the indication provisions (Articles 22 quality, characteristic or reputation Repression of False or Deceptive to 24) of the Agreement on Trade- of the product for which it is used. Indications of Source on Goods Related Aspects of Intellectual Examples of indications of source extends the protection afforded to Property Rights (TRIPS) agreement are the mention, on a product, of false indications of source under within the framework of the World the name of a country, or indications the Paris Convention to deceptive Trade Organization (WTO, 2005) such as “product of…” as well as indications of source as well. applied to all WTO 159 members. GIs. An indication of source can also Deceptive indications are those This agreement has since 1995 be composed of symbols or iconic which, although literally true, may required WTO members to emblems associated with the area be misleading. This would be the provide a minimum standard of of geographical origin. Indications case where, for example, there are legal protection to geographical of source offers a measure of homonymous place names in two indications. The deadline for this protection for origin-based product different countries, but only one was extended up to 2006 for less- names and icons without the burdens place is known for the production developed countries. This legal associated with demonstrating of a particular good. If the name protection may appeal to very specificity and/or reputation, were used on goods from the different judicial forms. Broad developing a binding product similarly named place, the indication international obligations such as the specification and instituting a system of source would be considered TRIPS Agreement aim to protect of certification control. Indications of deceptive as the public would likely intellectual property, including GIs, source are particularly applicable for be led to believe that the good but it is individual members of WTO marketing through nation branding. came from a different place. The that set the actual specific rules Madrid Agreement now includes 56 and elect when and how to commit The Paris Convention stipulates Contracting Parties (and 78 for the resources to enforcement.14 that, in cases of use of false updated 1989 Madrid Protocol – 84 indications of source on goods, the distinct Contracting Parties in total The Paris Convention for the goods in question are to be seized for the Madrid System).16 Protection of Industrial Property upon importation or, ultimately, (1883) to be subject to the actions and The TRIPS Agreement (1994) remedies available in the country The Paris Convention was the first of importation. It further sets The TRIPS Agreement, one of the international multilateral treaty forth the obligation of Member WTO Agreements, is applicable to all to include provisions relating to States to ensure appropriate WTO Members. It includes a section indications of geographical origin. legal remedies for repressing on the protection of trade marks Article 1(2) of the Convention the use of false indications of in Section 2 and GIs in Section 3. recognizes “indications of source” source. The Paris Convention also Section 3 of the TRIPS Agreement and “appellations of origin” as requires its members to ensure sets forth a definition of a GI and subject matter for industrial effective protection against unfair contains a general obligation for property. The Paris Convention competition. For example, the use WTO Members to provide the does not directly define either of of an indication of source on a good legal means for protection against these terms, although it contains such that it could mislead the public misleading use of a GI and against 11 The Geography of food: reconnecting with origin in the food system. 2.4. European use that constitutes an act of unfair for protection in countries which competition. It also requires Members are members of a regional trade frameworks for to refuse or invalidate registration of mark, in which case registration protection of a trade mark that contains or consists will have effect in the territories of a GI with respect to goods not of all Member countries by filing origin-linked originating in the territory indicated, an application at the relevant products if use of the indication on the trade regional office. The regional trade mark for such goods might mislead mark offices include: The African In 1992, the European Union the public as to the true place of Regional Industrial Property Office; approved two categories for origin. In addition to that general The Benelux Trade mark Office; The the protection of GIs: Protected obligation, Section 3 of the TRIPS Office for the Harmonization of the Designation of Origin (PDO) and Agreement requires WTO Members Internal Market of the European Protected Geographical Indication to provide legal means for protection Union; The Organisation Africaine (PGI). These intellectual property against any use of GIs for wines and de la Propriété Intellectuelle. Finally rights extend to agricultural spirits and against registration as registration can be made using an products and foodstuffs with the trade marks of those indications, International Route: when the home exception of wine and spirits. It is even if such use or registration does country is a member of the Madrid important to understand that the not mislead the public as to the true system and the trade mark has been level of protection for both these origin of the goods. registered or applied for in or with instruments is identical, and both effect in that country. In this case are entered in the same, single In addition to such international the Madrid system (administered by register. So from the perspective of agreements, countries frequently WIPO) allows trade mark registration intellectual property protection there pursue regional or bilateral trade in the more than 70 countries that is no substantive legal difference agreement to facilitate protection or are party to the system. whether the word or phrase preferential market access for their protected as a GI in the EU is entered products. Specific protection of GIs Advantages of using the Madrid system in the register as a PDO or as a PGI. and origin names are now common components of many agreements. The principal advantages of using From a marketing point of view For example, the North American the Madrid system are that the however, the PDO indicates a closer Free Trade Agreement (NAFTA, trade mark owner can register link with the place of production Article 313) tri-laterally protects the trade mark in all the countries than the PGI and as such has greater the United States’ Tennessee and party to the system by filing: a cachet in the market place. Bourbon whiskies, Canadian whisky single international application; in and Mexican tequila.17 one language; subject to one set of The definition of a PDO requires fees and deadlines. Thereafter, the that all phases of the production Trade mark Protection abroad international registration can be process should be localized inside maintained and renewed through a the production area and the quality Once a potential trade mark is single procedure.18 of the product should be strictly identified, there are several ways in related to a particular geographical which to register it in countries of environment by its inherent natural export. The National Route allows and human elements: having the business to apply to the trade “quality or characteristics which are mark office of each country in which essentially or exclusively due to a it is seeking protection by filing particular geographical environment the corresponding application in with its inherent natural and human the required language and paying factors.”. “Reputation” alone does the required fees. The Regional not provide a sufficient ground for Route can be also used to apply classification as a PDO. The PGI 12 The Geography of food: reconnecting with origin in the food system. covers agricultural products and particular practices that generate a mainly francophone states. In 1977, foodstuffs linked to a geographical product with a ‘specific character’. a protection regime for GIs was area, where at least one of the The group registering the TSG adopted within the framework of the stages of production, processing or may include members from more Bangui Agreement on intellectual preparation takes place within the than one country and there is no property. The Bangui Agreement was given area: having “a specific quality, explicit localization of the product revised in 1999 to bring it into line reputation or other characteristics or the producers. However, the with the WTO TRIPS agreements, attributable to that geographical product may be made from with annex VI of the agreement origin”. The production chain of a specific raw materials or make covering GIs. This sub-regional PDO is fully realized in a territory but use of environmental conditions in legal and regulatory framework in the case of a PGI it may involve production processes and include enables products of designated external inputs and activities. them in the product’s description. origin to be officially recognised with immediate effect across Three types of trade marks may refer Another tools exist to list and all the member states. However to a geographical name to indicate identify traditional products. The the member states themselves origin-designated goods: the word Austrian register for traditional still need to define a number of mark, or more usually the certification products is an instrument that administrative and regulatory mark and the collective mark. has the objective of recording the provisions, including procedures for Austrian traditional foods in an receiving and assessing requests for European Traditional Specialties official register administered by GIs at state level before then being Guaranteed the Federal Ministry of Agriculture, transferred to OAPI for registration; Forestry, Environment and Water the composition and functioning A traditional specialty guaranteed Management. It has been recognized of national GI committees; control (TSG) is a “traditional agricultural by the World Intellectual Property systems; etc. product or foodstuff recognized Organization (WIPO) for protection (…) for its specific character”.19 In of “traditional knowledge”. Similarly, Penja pepper, Oku honey and Ziama- its preamble, the TSG regulation the law in Italy (Art. 8 of the Macenta coffee are to be awarded recognizes that “economic operators Legislative Decree 173/98) includes Protected Geographic Indications should be provided with instruments the establishment and updating of by the OAPI. In 2013, the sixteen … to enhance the market value of a national database of traditional member countries of the OAPI are their products while protecting products not registered in the EU to recognize these three products as consumers against improper system. In Germany, a Bavarian GIs. Penja Pepper is already reputed practices and guaranteeing fair database of traditional products and by chefs all over the world. Ziama- trade” and that “any references recipes follows the same principle. Macecenta Coffee was first exported which may be made to the quality All the existing initiatives may in 2003. Oku Honey is currently only in trade are substantiated”. TSG contribute to the establishment of known in its region of origin. These registration applies to agricultural international standards for traditional three products have a geographical products and foodstuffs.20 In order knowledge attached to agri-food name and a special quality linked to to register a TSG, the agricultural products.21 their region of origin and local know- product or foodstuff “shall either how. They have a reputation and be produced using traditional raw materials or be characterized by a 2.5 ACP-specific are more expensive than ordinary products. This means that they are traditional composition or a mode frameworks vulnerable to being usurped by of production and/or processing operators who use the same name reflecting a traditional type of In west and central Africa, the for different products, or simply “bad production and/or processing”. African Intellectual Property players” who do not respect the Thus, TSGs are not tied to a Organisation (OAPI) was set proper methods of production.22 geographical place but to the up in 1962, bringing together 16 13 The Geography of food: reconnecting with origin in the food system. 2.7. Other quality The Lusaka Agreement created the CARIFORUM (Caribbean), the the African Regional Intellectual partner countries will establish schemes Property Organization (ARIPO). The systems of protection by 2014. In Council of ARIPO adopted the Banjul the Southern African Development Regulation of traditional products Protocol on Marks which empowers Community (SADC) EPA negotiation, can emerge from other specific the ARIPO Office to receive and the EU is in discussions with South regulatory qualifications. Indeed, process trademarks applications on Africa to protect agri-food GIs, traditional products can also be behalf of states party to the Protocol. building on the current protection organic, farm-made, mountain or According to the Banjul Protocol a of wines and spirits GIs – the latter natural parks products. The different GI can be registered as collective has formally asked the EU to protect sets of requirements generally or certification marks; an applicant the names of infusions Rooibos and converge as there is obviously may file a single application either Honeybush and Karoo for lamb meat coherence among these qualities: at one of the contracting states or in this context. directly with the ARIPO Office, and - Traditional methods and designate states where protection In parallel to the EPA discussions resources are often similar to is sought. The Banjul Protocol on in sub-Saharan Africa, the EU organic principles; Marks adopted by the Administrative has joined with the African Union Council at Banjul (Gambia) on Commission to promote GIs as a - Household and on-farm food November 19,1993 and amended on development tool that can protect processing are generally a November 28, 1997, May 26, 1998 the identity of local and indigenous reservoir of traditions; and November 26, 1999 and as products throughout Africa. At amended by the Council of Ministers regional level, 16 countries in West - Traditional products could on August 13, 2004. ARIPO has and Central Africa are members survive more easily in remote several initiatives with respect to of the Organisation Africaine de and less developed areas, such as GI and implementation challenges. la Propriété Intellectuelle (OAPI) mountains because of difficulties ARIPO mandated the establishment based in Cameroon, which has in of agricultural modernization – an of a regional legal framework for place a system for GI protection. obstacle can become an asset; GI protection. Whilst a roadmap As mentioned above, the first and milestones are currently being African GIs under this system were - Traditional products are a developed, empirical evidence at registered in 2013. A further 18 precious way for natural country and product level is needed countries across sub-Saharan Africa parks to maintain traditional to support members engaged in are members of the African Regional landscapes and human-influenced developing GI protection systems. intellectual property Office (ARIPO) biodiversity, and a valuable ARIPO also promotes and encourages based in Zimbabwe. In December resource for attracting tourism. member states to harmonize national 2011 ARIPO decided to develop a GI GI protection systems. system, and EU is in the process of Synergies between different quality providing technical assistance to this schemes can lower the costs of 2.6. Bilateral project.23 On 26.11.2012, the European implementation, particularly those Commission (DG Agriculture related to controls and certification. agreements and Rural Development) signed Since organic production systems the Stone Town administrative have been established in many The EU has proposed to cover Memorandum of Understanding transition economies (due to intellectual property and for cooperation with the African the high demand from Western geographical indications in the Regional Intellectual Property European countries), these systems Economic Partnership Agreements Organization (ARIPO) to improve the may be used to support tradition- that have been concluded or are protection geographical indications related quality schemes.24 under negotiation with 7 ACP in Africa. regions. In the EPA concluded 14 The Geography of food: reconnecting with origin in the food system. 2.8. Comparison of where local IP systems are weak. exclude others from using the legal protection The protection is absolute for trade mark. A geographical the name entered in the register indication, on the other hand, in the same class of product; tells consumers that a product - The different instruments in addition misleading uses are is produced in a certain place presented above all have in protected. No specification is and has certain characteristics common that they protect origin needed in the case of word marks or reputation that are due to linked designations. They differ and for certification marks the that place of production (Table in terms of the level of protection specification need not relate 2). All producers may use the applied and the conditions for to any particular standard of geographical indication if the being covered by the instrument. production. Underlying all aspects products share certain typical Some of the main differences are of trade mark applications qualities, if they are made in outlined below. and protection however is the the designated location, and if principle that the consumer must they according to procedures - Indications of source, that not be misled and applications set out in the designated way include country names and must be formulated in good faith. (WIPO, 2005).25 In the field of “produced in” labels, do not intellectual property, the rules need to be registered or listed. - GIs are another form of IP have to deal with conflicts, and The descriptors are used for protection and one specifically particularly where a name is example in normal trading and designed for origin-related terms. already registered for another commodity markets. The link with The name must be protected in party. Under the “first in time, the territory does not need to the country of origin and relate first in right” principle, producers show specific characteristics or to a product defined by an of an originating product are reputation due to the production, enforced specification. The level prevented from seeking trade but this is not excluded. The of protection is generally superior mark or GI registration if another level of protection is based on to the other IP instruments, party has already registered the mot misleading the consumer. covering exclusive use for the name as a trade mark in good Regarding trademarks, an name in the register for like faith. In this case, producers indication of source would product as well as translations have only two options: they can probably be considered not and uses such as “like” “type” launch proceedings to obtain sufficiently distinctive to be “style” etc. For wines and spirits, cancellation of the registered registered as a trade mark. protection does not depend on trade mark on the grounds that misleading the consumer test it lacks distinctiveness or is - Trade marks provide IP protection and many jurisdictions apply this deceptive; or they can enter into for the owner of the mark. They standard to other GI products. In negotiation with the owner of have to be distinctive which addition, protection may extend the trade mark in order to buy it. usually prevents geographical in some jurisdictions to evocation Both actions can be expensive. names being registered as word of the GI (e.g. with imagery) and However, in countries that apply marks. Collective and certification the GI may be registerable over a the “coexistence” principle, an marks provide an instrument for prior trade mark – leading to the application for a GI that is made protecting origin indications. situation that both coexist. after a trade mark has been The level of protection is that of registered can be approved – and exclusive use for the owner for - Geographic indications differ then the GI and the trade mark the name registered. The mark from trade marks. A trade mark will “coexist”. In this case, the does not have to be protected in is a sign used by an enterprise to respective producers may be its country of origin, which means distinguish its goods and services required to make clear the true that for ACP producers, trade from those of other enterprises. origin of their respective products mark registration is an option It gives its owner the right to by a suitable label clarification. 26 15 The Geography of food: reconnecting with origin in the food system. Table: Trademark versus sui generis : a comparative review Source: Bagal M. N. & Vittori M. 2011. Practical Manual on Geographical Indications for ACP countries. CTA/OriGIn. 16 The Geography of food: reconnecting with origin in the food system. 3. Socio-economic aspects of origin-linked products: contribution to rural development and lessons learned from GIs 3.1. Economic value EU Geographical Indications worth The study also analyses the value about ¤54 billion worldwide premium of products bearing a GI, The market for GI products is i.e. the premium that a GI can expect significant, especially in the United The Commission published on 4 on the market, compared to similar States, Europe and the more affluent March 201328 a study analysing the non-GI products. In average GI countries. The estimated value for value of the EU name protection products were estimated to be sold sales of GI products worldwide is scheme for all GIs (food and 2.23 times as high as compared to well over US$ 50 billion. The majority agricultural products and wines and non-GI products. of that is for wines and spirits. A spirits). 60% of sales of European GI number of countries, ranging from products took place in the country Possible benefits by engaging a value Scotland to Australia and China to where these products originate, creation and preservation process Chile have GI exports in excess of while 20% took place in other EU US$ 1 billion. Unfortunately, there are countries and a further 20% were - Maintaining and/or increasing very few comprehensive estimates exported outside of the EU. Extra- local revenues and local for the distinct origins but data for EU exports represented some ¤ 11.5 employment in the different France suggest that the market value billion, mainly destined to the US stages of the production for their GI products is almost £19 (30%), Switzerland and Singapore process (production, processing, billion, or close to 10% of the national (7% each), Canada, China, Japan and distribution). food market’s total value. Product Hong-Kong (6% each). Dacian Ciolo, registered under Italy’s 430 GIs Commissioner for Agriculture and - Allowing local people to stay and generate a value of some ¤12 billion Rural Development, welcomed the live in the production area. and employ about 300,000 persons, findings: “Our GIs are worth ¤54.3 while Spain’s 133 GIs designated billion worldwide, and they represent - Preserving the environment products generate approximately 15 % of our total food and drinks and biodiversity - Maintaining ¤3.5 billion. Products with GIs in exports. This shows their importance traditional farming with its seven other EU countries generated for the EU economy and the potential positive contributions value of about ¤5.2 billion annually.27 relevance of our efforts to promote to the landscape, favorable and defend this scheme. GIs are key habitats for biodiversity and soil Economic data on developing to generating local added-value - preservation. countries is harder to obtain, and jobs. They make farming in rural but some estimates do exist. For areas viable and the new Quality - Maintaining traditional processing example, Basmati rice exports in Regulation, which recently entered systems and recipes. 2007 were about US$ 1.5 billion from into force, will further reinforce this.” India alone and Pakistani exports in - Keeping alive local traditions 2001 were US$ 250 million. Tequila’s Over the period 2005-2010, wines and local culture related to the export sales were estimated at accounted for 56% of all sales of product. US$ 725 million in 2007 and Blue food and agricultural products with Mountain green coffee earned US$ a protected name produced in the A higher selling price is often one 24 million for Jamaican exporters in European Union (¤30.4 billion), of the first aims of supporting 2008. A number of coffee and tea agricultural products and foodstuffs a strategy for an origin-based origins using GIs add several billion for 29% (¤15.8 billion), spirit drinks product, but increased economic dollars to the trade figures. for 15% (¤8.1 billion) and aromatised value also means better access to wines for 0.1% (¤31.3 million). new or existing markets, thanks to the differentiation of the product. 17 The Geography of food: reconnecting with origin in the food system. In other words, it should allow local trade marks in the EU and US and ranging from US$ 20 to 28 per producers to participate in markets café de Colombia is protected as a GI kilogram, the farmers were receiving where they can obtain a price that in the EU), but the origin identity of as little as US$ 1 per kilogram. The covers production costs despite the products is maintained through trade marking and licensing scheme the presence of more lower-priced the trading system and commodity helped improve the situation: products from outside the area. exchanges. Yirgacheffee farmers’ income doubled in 2007 in comparison with The table below shows the price One of the cases presented in the their income in 2006, with estimation premium attached to coffees box below is for Ethiopian coffees, that over the years the producers marketed on the basis of origin where trade mark protection has had could secure their income at around compared with standard product. positive results in terms of increased US $6-8 per kilogram. Overall, This illustrates the potential for using income and improved living Ethiopia’s total coffee exports are origin designations for accessing standards of the coffee producers. expected to reach the level of US a higher price point. These names Prior to the IP protection initiative, $1.2-1.6 billion as opposed to US are not necessarily protected as Ethiopia was receiving 6 percent of $400 million prior to the Initiative.29 trademarks or under GI systems (the the final retail price for its coffees. Ethiopian names are protected as Against the average final retail price Premium price for differentiation 18 The Geography of food: reconnecting with origin in the food system. 3.2. Contribution to industrial products which require bearing the GI “Café de Colombia”. Rural Employment high research and development In terms of jobs generated, around (R&D) and advertising investments 4 million people work directly or The estimation of the economic to enter markets.30 indirectly in the coffee sector, which importance of traditional foods in employs 35% of the total Colombian trade and labour provision can be A few examples of the impact of farming sector workforce. 33 partially assessed through the analysis protection on employment exist for of the economic information on GIs, developing countries. For Darjeeling tea, it is estimated which constitute a well-defined and that some 10,000 tons are produced legally recognized sub-category. Argane is an oil used for nutritional annually, of which 70% is eventually and cosmetic purposes that exported. Furthermore, the Local employment provided by originates in south-west Morocco Darjeeling tea industry employs small food businesses contributes (the Souss-Massa Draâ and Essaouira more than 52,000 people on a full- to maintaining economic activities regions). In addition to significantly time basis and an additional 15,000 and populations in rural areas, increasing the exportation appeal, people during harvesting season. especially in less-favoured, remote activities linked to the production of Thus Darjeeling tea production zones. The specific qualities of argane oil represent between 25% brings benefits to the entire region, traditional products are generally and 45% of the local population’s economically as well as socially. associated with an extensive system income, determined by the area Many studies indicate that additional of production and handicraft of production.31 According to the positive spillover effects on processing. figures presented by the High employment can be anticipated in Commissioner for Waters and sectors directly or indirectly linked to In areas where mechanization Forests and Against Desertification, the tea industry.34 is difficult or costly, such as the aggregated production of argane mountainous areas, traditional oil constitutes an equivalent of 7 In Viet Nam’s Phu Quoc GI about production methods may be the million working days for families each 90 firms that are primarily SMEs only way to maintain activities and year.32 In 2006, about 100 female produce 10 million litres of Nuoc some employment. Production and cooperatives existed, of which 93% Mam, a traditional fermented supply costs of traditional products were traditional. These cooperatives fish sauce, and employ several are generally higher than those of had more than 3000 members thousand persons. Smaller firms competitive industrial products; that and reached an estimated average have dominated the output of the GI is why their specific quality should production of 125 litres per woman. and Unilever has signed a ten-year be recognized and the consumer contract with a local consortium and should be informed about their In the case of coffee in Colombia, agreed to invest up to US$ 1 million characteristics. Information on the differentiation and positioning to upgrade production facilities as quality needs to be correctly shared on the market of coffee on the basis part of its deal to license the Phu throughout the market (individual of its geographical origin has proven Quoc appellation.35 consumer’s knowledge, official to be successful. The price paid to quality labels and regulations on producers (in dollars) has increased South Africa is the only producer claims). Traditional products can over the past few years, from $0.52 of Rooibos providing income and obtain a good added-value with little per lb in 2000–04 to $0.75 per lb in employment to more than 5000 investment in promotion/marketing 2005–09. The establishment of the people. In 2004 the turnover in the and there is no need to create new Café de Colombia GI has had positive rooibos industry was estimated at products, and promotion is generally social spillover effects in rural 22.5 million Euro (Gerz et al., 2006). collective. Finally, considering the development as presently numerous On average about 12 000 tons of different cost structures, traditional indigenous communities in the area Rooibos are produced in South products may not be more expensive (including Cauca, Narino, Caldas Africa with a national consumption for consumers than innovative and Sierra Nevada) produce coffee of 4’500 to 5’000 tons (SARC, 19 The Geography of food: reconnecting with origin in the food system. 2008). Thus, 60% of the production - As a basis for a territorial while the preservation of typical is exported the rest of 40% is quality strategy, stakeholders products offers consumers consumed domestically. South are not limited to the supply- broader food diversity. Africans` rooibos production area chain operators but they cover reached about 37’000 ha in 2005 a large network including and an increase in production is other economic activities and 3.4. Origin-linked expected (USDA, 2006).36 cultural values (Tregear et al., products, 2007). Coordination of small- biodiversity 3.3. Social aspects scale actors (horizontal and vertical relations along the and traditional and territorial supply-chain) of a traditional knowledge dynamics product both strengthens the local organizations and allows Biodiversity conservation requires local actors to compete with healthy ecosystems and diverse Some origin-linked products have integrated firms, thus realizing plant and animal communities been produced for a long period another model of reduction of and populations. The sustainable in the same social and cultural the transaction costs rather than use of its components should environment. They incorporate the mere vertical integration, and offer economic alternatives that know-how by producers regarding opportunity for public-private are sustainable (i.e. relatively how to manage a sound production sector collaboration. stable, long-term and equitable).37 process and attain high specific Biodiversity is not a direct objective quality within a particular local - Promotion of an origin-linked of GI protection38. However, environment. The link between product increases self-esteem preservation of the national and product, people and place often among local actors as their regional identity heritage, including makes the origin-linked product identity and related way of life, the products themselves but also an element of identity for local including the role of each actor know-how, plant varieties and animal populations, transcending even its (men and women, young and breeds, biotypes and landscapes is economic impact. As a consequence, old people) is recognized and a potential outcome of establishing the social dimension for certain considered valuable. This is such protection. products has many aspects: especially the case in remote areas, where the production In biodiversity conservation, two - The origin-linked product is system differs greatly from subjects are dealt with separately: related to the preservation of modern systems. indirect contributions at the the natural and cultural heritage, landscape and ecosystem level, traditions, know-how and lifestyle - Traditional production, and and direct contributions to the in marginal areas. processing of these products sustainable use of biological and often involves work undertaken genetic resources39. Origin-linked - The collective dimension of by women, thus giving positive products development can promote the origin-linked product social and economic recognition biodiversity conservation directly strengthens social linkages to their work and providing an through the use of a specific natural between local actors, not only opportunity for their involvement resource. These directly derive from through local organizations and in the creation of added value on the fact that governance and market greater equity in the production farms or in small-scale factories. success contribute to the viability sector, but also externally, as all of rural livelihoods that depend local stakeholders are involved - The sustainable management of on the sustainable use of specific (for example public actors, various local resources used for biological and genetic resources. stakeholders of the tourism food and agriculture contributes If the origin-linked products help industry, schools, etc.). to food and livelihood security the success of an economic activity 20 The Geography of food: reconnecting with origin in the food system. based on a biological resource, then CASE STUDY: Cider, calvados, The AOC Domfront perry obtained the connection between them and and perry in Normandy (Bérard & in December 2002 is exemplary resource conservation becomes Marchenay, 2006) in terms of the conditions of evident. Thus, biological and genetic production. On the one hand, the resource conservation is a direct Cider, perry (which resembles main variety is the plant de blanc, consequence of the product value cider but is made from pear juice), well-known locally, accompanied chain development. pommeau, and calvados are by complementary local varieties. beverages, or beverages that are On the other hand, this is the first Indirect conservation benefits can then distilled; the basic ingredients AOC that strictly defines how be obtained through production of which are apples and pears. In the plant resources, pear trees, and management practices that Normandy in the west of France, must be managed and the related include landscape and ecosystem their production has traditionally agroecosystem, the orchard. Plant considerations. A well-managed been based – and to a large extent density (less than 150 trees per biological resource that sustains still is – on the exploitation of the hectare), standard growth trained an origin-linked production system meadow orchard. This system of on high stem, association with a should also promote diversity cultivating trees and grasslands pasture, are criteria that correspond within the biological system for over a long cycle provides on to local customs. This consideration the benefit of those biodiversity the same land various kinds of of local norms and plant resources components that are not used.40 complementary products: fruit for introduces a landscape dimension Where GI specifications lay down beverages, grass, milk, and meat. in the cider economy and falls restrictions on the intensity of A total of six cider-based products within the perspective of conserving production, this is likely to impact and six milk-based and cheese cultural biodiversity. In addition, positively on natural resource products have an AOC. The Norman as the traditional meadow orchard sustainability and on biodiversity meadow orchard corresponds to a is a refuge for a certain number conservation. In this way the GI historical and current reality which of animals, in particular insects, can give rise to “rational land use is simultaneously interesting to mammals, and birds, it contributes strategies”41. The Rooibos industry farming, the environment, the local to saving many species because of in South Africa which is located economy, the cultural heritage, and the resulting biodiversity (Bérard et in an environmentally sensitive biodiversity. Varietal diversity is al. 2006). area has, in designing its product particularly high there. Within the specification, considered biodiversity calvados area for example, there are However, GIs and other origin-linked concerns and has aligned its code of 177 varieties officially listed and 477 products do not automatically practices with existing biodiversity designations (taxa) in the orchards give rise to positive environmental initiatives (Bienabe et al, 2009). identified by the Institut national dynamics such as biodiversity Thus the design of a code of des appellations d’origine. This preservation and the impact is likely practice can account for biodiversity diversity represents the production to vary from case to case.42 Fournier considerations as described in the objectives: some varieties are more and colleagues (2009) affirm product specification (Bramley, 2011). or less well suited for making ciders that the impacts of GI protection Lybbert et al (2002) explains that or perries for direct consumption, on biodiversity conservation are resource commercialisation further for the distillation of calvados, or the more theoretical than empirically leads to increases in the price of the production of must for pommeau. supported.43 Especially in developing harvested product which raises the In effect, the final result is often countries, the challenges are greater local communities’ valuation of their linked to the subtle mixture of than in developed economies resource. By increasing the value of different varieties. The diversity is because the institutional context the resource, a GI thus increases the also due to a strategy of protecting tends to be weaker with regard value of conserving the resource. against the risks of alternation in the to fraud repression, intellectual setting of fruit, a phenomenon that property, and natural, biological and is frequent in traditional orchards. genetic resource management. 21 The Geography of food: reconnecting with origin in the food system. Successful marketing of any product not specify appropriate agricultural been locally developed, taking into that leads to a significant increase practices or include measures account the specificities of the in demand could place pressure on designed to protect the local local environment and materials. fragile ecosystems. In order to avoid environment, which is progressively This knowledge is often “context- the detrimental impacts of this, GI being degraded. Furthermore, specific” and “non-formalized” product standards could include because tequila companies (non-written). It is shared within sustainable production provisions tend to source their agave from the local community, passed on (Downes and Laird, 1999). across the very large, biologically through practices and usage, heterogeneous GI region, the link and it has adapted to the local CASE STUDY: Tequila (Bowen & between particular places and the changing environment and within Zapata 2009) quality and taste of tequila has been organizations through a learning-by- eroded. Finally, many supply chain doing process.45 Bowen & Zapata examine in detail actors (including, most importantly, the social, economic, and ecological the most powerful actors such as GI differentiation can create a space impacts that the agave–tequila the large tequila companies and the for visibility of the sustainable use industry has had on one community National Chamber of the Tequila of wild biological resources and rare in tequila’s region of origin, the Industry) do not value the cultural and endemic genetic resources in town of Amatitan. They show that practices that have influenced the agriculture, both in public policy and persistent cycles of surplus and evolution of tequila over the past in the minds of consumers. It is also shortage of agave and changing 400 years. Consequently traditional an important collective governance production relations in the agave– agave cultivation techniques (i.e. space in which to promote and tequila industry have led to: (1) intercropping with corn or beans, develop creative agreements and economic insecurity among farm manual pruning) and artisanal tequila actions for the in situ conservation households; (2) increased use of production processes (e.g., the use of biodiversity coordinated with chemical inputs, at the expense of of wood-burning ovens to roast the ex situ (regional and national) more labour-intensive cultivation agave) are threatened.44 conservation, characterization and practices; and (3) overall declines breeding efforts. On the other hand, in fertilizer application, especially GIs may lead to genetic preference the potentially negative trends during periods in which there was in those instances where the GI identified lie in the specialization of a surplus of agave. The authors product is derived from a specific GIs in particular genetic resources link these effects to the design and resource to the exclusion of other (landraces or breeds) while structure of the tequila GI which species (Boisvert, 2006). In fact, excluding others; or the intention failed to protect the link between the over half of the GI cases analysed to promote the widespread use of terroir of tequila’s region of origin by Larson (2007) involve relevant selected clones homogenizing huge and the quality of tequila. Terroir contributions from the perspective surfaces (e.g. sugar maple stands). here is defined as reflecting not only of genetic resource conservation In the former, using the name of a the environmental characteristics showing that GI specificity is closely specific genetic resource or variety in of the region, but also the cultural linked to the use of unique and the GI name will tend to marginalize practices that have evolved to locally-adapted genetic resources other local varieties. In the latter maintain these resources over time. and that governance includes case, productivity objectives Although Mexican GI legislation the sustainable management of emphasize the use of modern explicitly requires GI products local landraces or breeds. Genetic breeds or the homogenization of to exhibit a link to terroir, the resources of specific plant varieties the resource base and thus become demonstrable link to terroir was not or breeds, for example, are the result a threat – rather than an incentive - enforced in practice. The tequila GI of an intentional selection made by to diversity. In both cases, there is is virtually limited to just specifying farmers over many years. Specific evidence that in developed countries the boundaries of production. The agronomic, breeding techniques either government or the governing norms for tequila production do and raw material processing, have bodies of the GIs are aware of the 22 The Geography of food: reconnecting with origin in the food system. potential risks of specialization and is essential. Bowen and Zapata may sometimes be conserved by are either taking action to promote (2009) argue that within GI supply isolating a territory from human diversity (e.g. Scotch Whisky) or chains, the preservation of the link activities, conservation of agricultural are developing flexible regulations to terroir is both a critical strategy diversity relies on the TK of peasant that do not tie the GI to a specific for local actors and a guarantee of and indigenous communities. genetic resource but recognize and the diversity and specificity of the When such communities use their make use of available diversity.46 This product.49 biological resources to develop solution is exemplified by a recent GI marketable products based on their case in France, which localizes the Traditional Knowledge and TK, new challenges arise regarding generic whilst recognizing several biodiversity conservation governance of these resources varieties. The Chataigne d’Ardeche, and practices. Communities shows that producers decided to It is mainly in the areas of and organizations must build maintain 19 varieties within the GI biodiversity and agriculture that the or strengthen such governance (in fact a protected designation of contribution of traditional practices capacities, otherwise they run origin) (from an original census of and traditional knowledge is being the risk of losing their resource- 65, all local); the name describes the given renewed interest in Europe. base or control over their TK. product, Chataigne, and the region, For centuries, local communities GIs are a means of providing the the Ardeche, without fixing a variety have been using their practical necessary governance to retain (Berard and Marchenay 2007). knowledge to develop and maintain control over resources, TK, and complex ecosystems, unique the names of products that can In conclusion, registration of a GI agroforestry systems and highly be successfully differentiated in alone will not generate biodiversity diversified local plant varieties the market.51 Generally, in global conservation. GI development can and animal breeds, the diversity IPR and biodiversity negotiations, contribute to fulfilling such goals of which, together with traditional GIs have been identified as a if certain pitfalls are avoided and production methods, has also led potential tool to enhance local opportunities are seized creatively. to a variety of local agricultural control over resources and promote To do so, collective governance in foodstuff. At the same time, this the conservation of natural and value chains emerges as being one local knowledge is not stable but cultural diversity (Addor & Grazioli of the the fundamental qualitative the result of continuing adjustments 2002). Posey (1999) identified nine features of GIs that is of use in to nature and to the needs of the categories of “traditional resources/ achieving development goals.47 As local community. Local ecological indigenous intellectual property” that in the case of rural development, knowledge is characterized by could be protected by peoples or biodiversity dynamics around GIs the human interaction with the communities. At least five of these are highly dependent on the GI’s environment over centuries, by could make use of GIs as part of their specific local dynamics and on the the conservation mentality of local protection strategy: knowledge on policy environment. In designing communities, and as being “holistic, current and previous use of plant the latter Boisvert (2006) highlights inherently dynamic and constantly and animal species; knowledge on that a participatory approach is evolving through experimentation preparation, processing and storage crucial and that economic and and innovation, fresh insight and of useful species; formulations conservation considerations cannot external stimuli.”50 Biodiversity involving more than one ingredient; be separated. 48 If GIs are to make components become resources only planting methods, management concrete contributions to long-term once they are harvested or used; practices and selection criteria; and environmental conservation and use is mediated by the traditional ecosystem conservation practices. rural development, the specification and innovative knowledge and GI registration makes the knowledge of sustainable production practices practices (TK) of the inhabitants of a and practice publicly available. This within the legal framework of GIs particular territory. Although wildlife is a form of preventive protection. 23 The Geography of food: reconnecting with origin in the food system. CASE STUDIES: Cevenne options that give the opportunity institutional structures but also for National Park and to initiate, then maintain the ongoing operational costs such as Bregenzerwälder Bergkäse52 dialogue in a concrete way between marketing and legal enforcement. scientists, managers, the agricultural In the Cévennes National Park, world, local authorities, and other GIs are not a viable option in local ecological knowledge linked interested individuals. Protecting many areas, particularly those to natural resources contributed local products means conserving whose output lacks distinguishing to the conservation of a highly varied local ecosystems at various characteristics. Some researchers diverse ecosystem: this national levels: animals, plants (breeds and note that using GIs as a means of park is inhabited by more than 40 local varieties), plant associations, differentiation can benefit high- 000 people, essentially farmers microbial ecosystems, including the quality producers but that low- and livestock breeders, who have places for maturing cheeses and quality or the poorest producers may been maintaining their traditional the landscapes. This is also a way of not benefit.55 knowledge systems over centuries, maintaining in a formal way shared forming an important part of their knowledge and practices and making The costs associated with GIs remain cultural identity. Through traditional them publicly available. This is all the one of the biggest challenges agricultural practices, open land more interesting, given that most of to developing countries (CIRAD, like meadows or prairies are being the products having a designation of 2009). In addition to costs related maintained, thereby making the origin label are produced in extensive to the institutional framework, Cévennes National Park home systems which associate localised development of the production to a large number of threatened practices and biological diversity.53 chain, promotion and enforcement plants and to 48 indigenous plant costs, there is likely also to be costs species. A good example for local knowledge used in traditional 3.5 M ain lessons linked to achieving and maintaining the unique qualities of the product. production of agricultural foodstuff learned from GIs These include costs in defining the is the “Bregenzerwälder Bergkäse”, product specification, establishing a traditionally produced Austrian GIs in comparison to other origin producer organisations and control hard cheese. The traditional practices marketing tools have plusses and costs. CIRAD (2009) finds that and skills involved in the processing minuses. There are some potentially costs related to quality control of regional natural resources have negative aspects associated with generally fall on the producer in become a distinctive element of GIs, though these are largely the developing countries and Hughes the cultural identity of the local result of poor design or having (2009) cautions in this respect that community of the Bregenzerwald. inadequate governance structures. a GI will not result in an economic These are not more but two For example, badly managed GIs can rent if any potential premiums go examples which show that local be dominated by limited political into expensive quality control. This communities in Europe are holding interests or just a few enterprises. raises again the need for developing considerable local ecological In some cases, GIs can exclude the countries to carefully estimate knowledge and local practices in the poorest producers or even stimulate the net benefit of GIs through an fields of biodiversity and agriculture, inappropriate outcomes such as the empirical calculation of the cost of safeguarding cultural heritage with dissolution of traditional practices or protection and profitability, bearing long traditions. the destruction of biodiversity.54 in mind also the indirect GI benefits and policy objectives. To conclude, origin marketing GIs are not easy to establish. Success devices including GIs are tools on a large scale is often measured On the positive side, GIs are not making it possible to take account over years and decades and requires exclusively commercial or legal of this combination of cultural and patient application and sustained instruments, they are multi- biological diversity, as long as those commitment. They can entail costs, functional. They exist in a broader concerned so desire. These are not just for organizational and context as an integral form of rural 24 The Geography of food: reconnecting with origin in the food system. development that can powerfully environmental stewardship, and reputation but also its legal validity. advance commercial and economic socio-cultural value. interests while fostering local values While GIs do have some private such as environmental stewardship, Literature review suggests that, for a characteristics, they are intrinsically culture and tradition. GIs are the GI to be successful, four components a ‘public good’. They broadly affect embodiment of ‘glocalization’ i.e. are essential: the people and the resources of products and services participating a region so it is critical that GI in global markets and at the same 1. S trong organizational and governance and legal protection time supportive of local culture and institutional structures to maintain, are both structured to serve the economies. market, and monitor the GI. The greatest number and avoid capture core processes of: (i) identifying by a few elites. GIs can thus serve On the business side, GIs are market- and fairly demarcating a GI (ii) as useful frameworks to drive an oriented. They often align with organizing existing practices and integrated form of market-oriented emerging trade demands since they standards and (iii) establishing a rural development that can facilitate tend to have standards for quality, plan to protect and market the GI equitable participation among all of traceability and food safety. GIs all require building local institutions its stakeholders. possess many of the characteristics and management structures of an upmarket brand. They can with a long-term commitment have an impact on entire supply to participatory methods of 3.6 Trade marks chains and even other products and cooperation. to Protect services in a region and thereby Geographical foster business clustering and 2. E quitable participation among the rural integration. GIs capture the producers and enterprises in a GI Names: pros and distinctive aspects that emerge region. Equitable is here defined cons. from a terroir and its associated as the participating residents of traditional methods of production a GI region sharing reasonably in Generally speaking trade mark and processing that are often not only costs and benefits but protection of regional agricultural difficult to duplicate in other regions also in the control and decisions products can have positive or countries. This differentiation from regarding their public assets. economic, social and environmental commodities can offer a valuable impacts comparable to the ones competitive advantage that is 3. S trong market partners committed associated with GI adoption. As difficult to erode. to promote and commercialize shown for example by the graph in over the long term. Many of the the Box 2, coffee price premiums Examination of the existing evidence GI market successes are the result are significant both under GI and leads to the conclusion that GIs of mutually beneficial business other protection systems, if only can indeed increase incomes and relations via which consistent with different magnitudes. However, boost competitiveness, but do not market positioning and effective the appropriateness of one mode of necessarily in all cases. This is often commercialization have led to a protection or the other needs to be conditioned upon, and related to, long-term market presence. evaluated on a case-by-case basis. certain distinct circumstances. 4. E ffective legal protection including A. Relative advantages of trade mark They can, however, be a unique a strong domestic GI system. protection56 and powerful tool when adequately Carefully chosen protection managed. GIs can offer a options will permit effective Procedurally, the trade mark system comprehensive framework for rural monitoring and enforcement has an advantage given its relative development since they can positively in relevant markets to reduce convenience and cost effectiveness encompass issues of economic the likelihood of fraud that can of registration. Any natural or legal competitiveness, stakeholder equity, compromise not only the GI’s person can apply for a collective 25 The Geography of food: reconnecting with origin in the food system. trade mark registration. In the case the past experience of consumers, chain and relieving producers of of EU MSs, since the European the advantage of the trade mark promotional costs. Union’s accession to the Madrid also lies in its ability to shape the Protocol for the International perceptions of the consuming public. GIs may be considered uniquely Registration of Marks, based on a Indeed, the modern mark exists suitable in their potential to valid home registration, applicants a means of communicating with protect the names of product can simply designate the TM system consumers providing consumers associated with traditional (including when applying for an international with various kinds of information indigenous) knowledge. However, registration. on the goods identified by them. In this geographical indications order to successfully enter a market, does not protect the underlying Licensing allows the proprietor the producers may first need to create knowledge as such which – in the freedom to choose who is to use the a distinguishing sign, together with absence of other forms of protection trade mark, how they are to use it the reputation that accompanies – could be used by third parties and whether royalties will be paid. In it. In particular, in the case of origin without restrictions based on the contrast to the GI, trade marks are products from developing countries, existence of such indication.58 flexible in allowing the proprietor to the trade mark may be a good way also select the territories where the for producers to launch a marketing B. Potential Shortcomings of Trade mark will be exploited. An individual strategy based on geographical Mark Protection TM may be licensed exclusively origin. Thus, the figurative mark, or non-exclusively for use in the ‘Café de Colombia’, incorporating the Even though collective and whole, or one state, or a region. For archetypal coffee grower Juan Valdez, certification marks do not present example, in order to build consumer provides a means of communicating the problem of a geographical name recognition of its coffees, the the quality and tradition-based in order to acquire a distinctive Ethiopian government, proprietor qualities of the product.57 The trade character to be protected, a few of CTMs for ‘Sidamo’, ‘Harrar’ and mark license offers producers problems are posed by these ‘Yirgacheffe’, chose to begin with considerably more flexibility in instruments in terms of breadth of a licensing strategy. Multinational choosing the most appropriate means protection, costs of protection and corporations, such as Starbucks, to distribute and sell their product. enforcement mechanisms, such as: that wish to market its coffees, are This freedom is particularly helpful at required to sign a non-exclusive, the start of a promotional campaign - The specifications of the royalty-free licence. Because the to raise consumer awareness of a product (level of details and of licensor’s power to grant licences specialty product. requirements) are defined by the is unrestricted, non-exclusive owner of the trade mark, without licensing allows Ethiopia to establish Clearly, each producer group any involvement from the public partnerships with coffee importing, needs to evaluate the product authorities. US certification marks roasting and distributing companies, specification and the trade mark that are defined at state levels thereby serving to increase control license as a potential vehicle for and that imply the participation of over marketing and supply. Lacking commercialization in light of the numerous farmers and processors the financial means to fund a particular needs of their undertaking. makes the link between appellation worldwide advertising campaign, On the one hand, the case of Parma and quality reputation uncertain Ethiopia is able to use non-exclusive Ham v Asda shows how producers (Marette & al., 2008). licences to effectively subcontract can employ a well drawn specification the task and the cost of advertising to resist wholesalers and retailers - They are costly in terms of to those in the supply chain that driving down prices by returning the registration. This registration have the motivation and means to costs of processing to the ‘farm gate’. formality must be renewed educate consumers. On the other hand, Ethiopia chose periodically (generally every ten trade mark licensing as the optimal years). In comparison with GIs, which rely on means of taking control of the supply 26 The Geography of food: reconnecting with origin in the food system. - The protection against misuse and Conclusions61 associated cost efficiencies in usurpation is based on private enforcing the intellectual property. actions. For each case of alleged In terms of comparative advantage, Moreover, where the linkage with violation of their rights, the owners GI system seem offering the the place has become so tenuous must prove consumer confusion. broader protection against that the geographical name is The costs linked to the trial or, direct competition, prohibiting subject to claims that it is generic upstream, to the monitoring of unauthorized references to for the product, the GI system may compliance with the defined registered PGIs or PDOs, such be more appropriate in reclaiming standards are covered entirely as ‘Feta-style’ or ‘Colombian the reputation associated with by the owners. For example, the blend’, that are evocative of the the product for the use of local FNC had experienced numerous protected designation. In contrast, producers. Nevertheless, in order examples of third parties using while the trade mark system to enjoy the advantages the GI terms such as ‘Colombian blend’ cannot offer geographical names system offers, the actual conditions or ‘Colombian type’ coffee. TM the same breadth of protection, of production must be congruent protection will not necessarily its chief advantage is lies in its with the definitional requirements prevent third parties using such flexibility as an instrument capable of national GI. The more territorially terms, without a showing of of accommodating variations in extensive, the less structured an unfair advantage and damage to land use, climate, crop yields, the agricultural enterprise, the more reputation. sourcing of raw materials and likely the TM will be the more production outputs. appropriate form of protection. - There is no protection against Equally, the advantages of GI system copies that are named “type”, While producer groups should are contingent upon producers being “style” or translated names or take a case-by-case approach able to sustain the costs of a product many evocations of the registered to the choice of the TMs or GI, a inspection or certification system. In name.59 few considerations may be useful short, some common problems faced when considering the alternative by applicants for a GI, including the In order to take advantage of the use of the TM and GI systems. At need to establish a link between broader protection and greater cost the start of a marketing campaign, product reputation and place of effectiveness, the FNC decided to assuming that the link between production, changes in methods also protect the name under the GI the product and the place is or volumes of production, and system. When ‘Café de Colombia’ relatively unknown to consumers, difficulties establishing inspection was granted the status of PGI it a trade mark-based strategy offers structures, can be avoided by obtained exclusive use of the name significant advantages in promoting utilizing the greater flexibility of the in relation to the advertising and awareness of the linkage among TM system. Once the link between marketing of its coffee beans in the relevant consumers. On the other the reputation of the product and EU. It is now clear that references hand, where the link between the place is established and the to the registered PGI that imply an the geographical name and the conditions of production stabilize, association with, or are evocative product relies on consumers’ the agricultural undertaking is of the protected designation, are existing knowledge of agricultural well placed to offset the reduced prohibited. 60 or culinary traditions and thus is flexibility of the GI system against easy to demonstrate, then the GI the breadth of protection it system offers producer groups provides. It is then opportune to decided advantages, notably in consider dual registration under the breadth of protection; and CTM and GI systems. 27 The Geography of food: reconnecting with origin in the food system. 4. Overview and case studies of origin-linked products at regional and local level 4.1.The US 4.2. C hina, India, GI system in China Indonesian and The United States has many regional China maintains two parallel and products and origin-based products, the Asian context independent systems for protecting and historically demonstrated Geographical Indications. The first interest for a specific origin In Asia, activities surrounding GI is a trade mark registration system indication instrument in wines. protection and registration are administered through the Trade moving forward64. Turkey has 67 mark Office as collective trade mark The history of GIs in the United registered GI products, based and the second is the Special Label States shows a more product- on law 555 of 1995 (Ilbert, pers. programme for the Protection of oriented application, primarily as com). Pakistan does not have a sui Geographical Indications or Marks of a marketing tool with which to generis system of GI protection Origin through the Administration for recognize and reward producers (Shah 2003) but they have certain Quality Supervision, Inspection and and quality production. Many of the protection in the Pakistan Trade Quarantine (AQSIQ).. The Special most popular agri-food GIs in the mark Ordinance of 2001. In addition, Label system specifically deals with United States are wide-reaching and they foresee a GI registration system GIs and distinguishes them with a even state-wide in scope (e.g. Idaho akin to that of trade marks but in special label indicating a registered potatoes) and serve as a market which communities would file the ‘geographic indication product’. The identity (e.g. Washington apples application. governing agencies administering and Florida citrus, Kona coffee China’s two GI systems are separate and wines under the American India passed a GI law in 1999 – the and operate independently of each Viticultural Areas (AVA) system. Geographical Indications of goods other. There were 100 registered There has been less focus on the registration and protection act 47 certification trade marks in 2003 development of diverse or distinct - which covers all types of goods, (out of 233 existing applications) rural areas. However, recent interest including natural resources (e.g. A GI registered under the Special in local foods has triggered a coal and bauxite) and manufactured Label programme may subsequently number of new and mostly small goods (e.g. Kanchipuram sarees and also be registered as a certification scale initiatives including the Kohlapuri sandals). or collective mark. It appears that Missouri Regional Cuisines Project several producer groups choose that promotes local cuisine and They add the clarification that to register their GI under both culture via GIs.62 non-geographical names with regimes. In addition, the Ministry geographical meaning are included of Agriculture operates its own Within the framework of the and explicitly define that a GI initiative, with the intention oriGIn’s Worldwide Compilation “geographical indication shall be of emphasizing environmental of Geographical Indications (GIs) deemed to be deceptively similar protection and specific traditional protected in the world, Richard to another geographical indication agricultural production methods. Mendelson and Zachary Wood of if it so nearly resembles that other In practice it happens for GIs to be the University of California Berkeley geographical indication as to be protected under two of the three School of Law finalized a preliminary likely to deceive or cause confusion”; legal acts at the same time. If a GI list of candidate U.S. GIs, together also clearly stating those that shall meets the requirements of all the with a methodology developed to not be registered, including generic three legal acts and is registered assemble such list.63 indications. To date, 28 GIs have respectively under the three legal been registered including Darjeeling, frameworks it could even be several fabrics (silks, shawls, towels) protected under all of them at the and foodstuffs. same time. As the two main systems operate independently under 28 The Geography of food: reconnecting with origin in the food system. different governing legislation, the such higher level of protection. This GIs in Indonesia relationship between Special Labels approach has deliberately been and certification/collective marks is taken by the drafters of the Indian Indonesia is a very large country, ambiguous, and sometimes there is Act with the aim of providing the consisting of thousands of islands, little precedent to gauge how rules Article 23-type stringent protection to and the geographical, social and are to be interpreted. GIs of Indian origin, most of which do traditional conditions vary widely. As not relate to wines or spirits. However, a consequence, the country produces GI system in India other WTO Members are not obligated many products with specific to ensure Article 23-type protection local characteristics and market As far as India is concerned, although to all Indian GIs, thereby leaving reputations, such as Toraja coffee the country has had in its possession room for their misappropriation in the from southern Sulawesi, Muntok a considerable number of products international arena.65 white pepper from Bangka Island, that could qualify as geographical Deli tobacco from northern Sumatra, designators, the initiatives to exploit Among the first registered GIs Bali vanilla from Bali and Banda this potential began only recently in India are such well-regarded nutmeg from Banda Island. These when the country established a sui names as: Darjeeling tea; Chanderi products could obtain protection generis system of GI protection with saree; Kancheepuram silk; Kullu from a GI system. Shortly after the enactment of ‘The Geographical shawl; Kangra tea; Coorg orange; ratifying the WTO TRIPs Agreement, Indications of Goods (Registration Nanjanagud banana; Mysore Indonesia established Law 15 of 2001 & Protection) Act, 1999’ (GI Act), sandalwood oil; Mysore sandal regarding trade marks, in which GI coupled with the ‘Geographical soap; Bidriware; Channapatna toys protection is mentioned in Chapter Indications of Goods (Registration and dolls; Mysore rosewood inlay; 56. Since this is a new system in and Protection) Rules, 2002 (GI Kasuti embroidery; and Mysore Indonesia, a pilot project was carried Rules). Prior to this legislation traditional paintings.66 Many other out focusing on Arabica coffee in there was no separate law dealing well-known GIs are recognized in the Kintamani highlands of Bali specifically with GIs in India. The India, yet remain unregistered. A in order to study implementation GI Act was drafted as a part of the number of lesser-known products aspects of GI protection. The exercise in the country to set in place with modest production and local Indonesian Government decided national intellectual property laws in markets (e.g. Mysore Jasmine and to develop a GI system to improve compliance with India’s obligations Pochampally Ikat) have quickly product competitiveness on the under TRIPS. Under the purview of been granted protection, indicating basis of quality and legal protection. the GI Act, which came into force, interest in GI protection not only The constitution of a GI system is along with the GI Rules, with effect for exports, but for the domestic also expected to avoid intellectual from 15 September 2003, the Central market as well. Policymakers believe property conflict over the use Government of India has established that registering GIs for handicrafts of geographical names, such as the Geographical Indications Registry and textiles could help the revival the coffee trade mark conflict in with all India jurisdiction in Chennai. of traditional Indian crafts that are Japan over the use of the name The GI Act is being administered by disappearing. Nevertheless, many “Toraja” (Key Coffee, 2002). A the Controller General of Patents, are aware that GI registration alone pilot project to implement a GI Designs and Trade Marks - who will be insufficient and that these system in the Kintamani highlands is the Registrar of Geographical sectors need other complementary was initiated by improving the Indications. Interestingly, unlike forms of development. In agriculture, quality and consistency of Bali TRIPS, the counterpart of Article 23 GIs are perceived as one means to coffee. The government launched in the GI Act does not restrict itself resuscitate traditional ‘heirloom’ a quality improvement programme to wines and spirits only. Instead varieties, such as Coorg Oranges, in the area in collaboration with the it has been left to the discretion of which suffered declining interest.67 private sector in 1997, but more the Central Government to decide concentrated activities have been which products should be accorded carried out since 2002 in parallel 29 The Geography of food: reconnecting with origin in the food system. with execution of the pilot GI project. agriculture and fisheries goods access through differentiation and The pilot project has borne fruit (Agro-fishery Products Quality value creation, rural development in the shape of a certificate of GI Management Act, December 1998, in dynamics, preservation of traditional protection for Kintamani Bali Arabica force since July 1999). knowledge and preservation of coffee issued by the Directorate biodiversity. In general, Fournier General for Intellectual Property Rights of the Ministry of Law and 4.3. Developing considers developing countries to protect GIs less against Human Rights on 5 December 2008. countries counterfaction and more for product “Kopi Arabika Kintamani Bali” is promotion and socio-environmental the first GI protected product in Certain aspects of GIs make them benefits (Fournier et al.). Indonesia.68 especially attractive to developing countries. Contrarily to other Central and South America As shown by the Indonesian IPRs, GIs can be a tool to preserve example, a clear and adequate local know-how by transforming Most Latin American countries have legal framework that protects GIs traditional knowledge into legal protection systems in place domestically is a useful early step. commercial products. GIs would to protect traditional agricultural However, most of the development protect the value and identification products, usually through AO, work occurs at ground level in the of local differentiated products. codified in industrial property law. region where the GI is located. Secondly, GIs encourage alliances The Andean Community countries To be most effective, GIs require among producers and processors have mutually recognised national decentralization of necessary to standardize their production and AO registers and have high power and resources to local processing practices. In addition confidence in the potential origin management structures that include to strengthening local capacity protection could provide for their a balance of decision-making power and increasing local cohesion and TK and genetic resources72. Central vested in both public and private identity, this also counters the America have statutory protection sector participants, and not just delocalization of production by of AO but no equivalent of PGIs. government.69 large enterprises as GIs can only be GIs are being discussed within produced in a given place which the scope of EPAs ratification by Sri Lanka, which relies gives the product its added value. CARICOM countries73. For CARICOM overwhelmingly on its most GIs facilitate access to markets countries, full compliance with the famous Ceylon Tea GI,50 set up where consumers – from North and EPA will require the implementation provisions for GI protection (2003) South – have shown preference for of approximately 10 international in intellectual property law, giving such distinct products. Eventually IPR-related agreements that will the same protection to agricultural this should have positive impacts substantively affect regional IPR products as to wines and spirits. It on the economy, for instance by protection. Protection required is a sui generis protection system increasing producers’ revenues, under EPA’s unification standards without registration, similar to favouring tourism development, of GIs is expected to benefit local copyright70. reducing urban migration. GIs could producers, especially the smaller also allow for a better redistribution ones. Many products covered by Korean Ginseng was the country’s of the added value obtained in the origin-protection such as Blue first GI scheme restricting the use production chain, thus keeping more Mountain Coffee and Appleton Rum of this designation to raw materials value at the collective producer level.71 in Jamaica are expected to grow from Korea (1996), further localizing with the implementation of the EPA Red and White Ginseng to local Bramley (2009) divides the by establishing a specific GI regime. raw materials. It later adopted potential socio-economic benefits In Guyana, Jamaica, Saint Vincent a protection system closely of GI protection among: quality and the Grenadines sui generis resembling AO protection applied signaling in support of consumer and laws have been adopted but have to raw materials and processed producer welfare, improved market not yet entered into force or have 30 The Geography of food: reconnecting with origin in the food system. not yet been implemented74. In the Africa as Apart from over 200 has characteristics similar to those Caribbean, the Blue Mountain coffee wine GIs in South Africa, only of an arabica: a slightly acid taste from Jamaica is protected as a GI three geographical indications for with little bitterness, high aromatic under trade mark rules75. This coffee foodstuffs exist in sub Saharan Africa. intensity and a persistent strong, has a Renowned origin and built its fine aroma. These characteristics, way back from a notoriously low- In Africa, Zambia registered a GI for which are remarkable for a robusta, quality producer to one of the most handicraft77. For foodstuffs, Penja stem from the soil and microclimate remunerative GIs with strong state pepper, Oku honey and Ziama- around Mount Ziama in Forest support. As the origin becomes Macenta coffee are to be awarded Guinea.78 In addition both Kenyan fully established, the controls Protected Geographic Indications coffee and Kenyan tea are registered have become more private-sector by the OAPI. In 2013, some sixteen in Kenya through certification marks. oriented with the government African countries are to recognize Argan oil from the Souss Massa Dra playing more of a regulatory than these three products as PGIs. Penja region in Morocco is also registered. commercial role. Cuba also has 19 pepper (Cameroon) is highly sought Increasingly African origin-based protected GIs for tobacco and cigars, after by the greatest chefs and products are registered in third placing as one of the countries with gourmets. Its quality stems from the countries as trademarks: Rwandan the largest number of protected specificities of the terroir in Penja, coffee is registered as US trade GIs76. Dominican Republic registered in terms of both soil and climate, mark whilst the three Ethiopian 6 GIs for tobacco and bananas. and the particular skills of small- coffee names are registered as scale producers in the region. Oku trade marks in 28 countries Asia and Pacific honey (Cameroon) is a rare honey including the EU79. recognisable by its white colour In Asia, activities are generally and naturally creamy texture. The Rwanda launched a program to moving forward rapidly (Wagle, bees live on the slopes of Mount connect farmers to retail coffee 2007). For instance, Turkey has Oku, at heights of up to 2000 m market with the aim to develop about 67 registered GIs, protected above sea level or thereabouts, in a brand, which will be owned by under law 555 of 1995 (Larson the protected forest of Kilum-Ijim, farmers and will help them have 2007). However, in the Pacific little a biodiversity hotspot covering 100% of the gross brand margin. to no development currently exists an area of some 20 000 ha. The This will be done through the concerning origin-linked legislation beekeepers install hives colonized establishment of a trust fund where andat the moment there are no GIs beforehand in grassland areas. companies will return 16% of profit registered in the Pacific. Ziama-Macenta coffee (Guinea) to the farmers via the Trust Fund. 80 31 The Geography of food: reconnecting with origin in the food system. In the future, it is likely that the the test of an examination system, - Miel blanc d’Oku from Cameroon number of protected origin-linked they give an indication of the kinds product names, including as of origin-linked product names that - Poivre blanc de Penja from registered GIs, in ACP countries will may be seen more in international Cameroon increase. The ratification of EPAs commerce: by CARIFORUM and other countries, - Shama shea butter from Ghana the increasing interest demonstrated - Zanzibar cloves from Tanzania at local and international level on - Ghana Fine Flavour Cocoa the subject of GI and protection of - Rift Valley Coffee from Tanzania traditional agricultural products as - Café Diama from Guinea well as the recent MoU between - Sidamo coffee from Ethiopia ARIPO and EU are likely to result in - Rwanda Mountain Coffee increased interest in GIs registered in - Rooibos from South Africa developing countries. - Mount Kenya Roses - Karoo lamb from South Africa The following names have been - Ngoro Ngoro Mountain coffee identified as origin linked product, - Beurre de karité du plateau Massif from Kenya and while few have been through from Burkina Faso 32 The Geography of food: reconnecting with origin in the food system. - Rodrigues Limes from Mauritius The link with the physical caused serious problems for local environment PICO DUARTE COFFEE initiatives to qualify local coffee by - Karakoel pelt from Namibia (Dominican Republic)84 means of a Geographical Indication, because all the “meaningful” - Senegal Yett A study carried out by the Dominican geographical names (such as the Institute of Research on Agriculture name of the Pico Duarte, the highest - West Nile district cotton from and Forest (IDIAF) and CIRAD mountain in the Caribbean region) Uganda for the PROCA2 Project assessed have already been privately registered. the quality potential of different - West Nile Honey from Uganda81 production zones in the Dominican The role of travellers and of Republic. Researchers bought emigrants in promoting the product The variety of products originating coffee made from 100 percent red and building its reputation – from ACP countries, together with cherries and processed it in order to MAMOU CHILI (Guinea)86 studies showing evidence of consumer obtain an optimal quality (pulping interest in origin marketing both in within a few hours of harvesting, In Guinea-Conakry (Western Africa), developed and developing countries’ controlling of the fermentation cycle, chili from Mamou, which cannot consumers82, demonstrate that the double washing with clean water, be obtained elsewhere, is famous approach has the potential to become controlling the humidity rate and so throughout the entire nation because an opportunity for sustainable on). The coffee quality was assessed of its strong taste. Guineans who development in ACP countries. physically (size, number of defects, travel abroad always choose Mamou density and colour of the beans) and chili as a gift. It is also very popular 4.3.1. S pecific cases of protection of cup attributes. This study revealed and recognized among the Guinean agricultural food products in the specificity and potential of each communities abroad. This product ACP countries of the Dominican coffee production enjoys a strong external network zones. This activated many projects of faithful consumers abroad, who Local staple food GARI (cassava for developing origin-linked coffees, prefer this product and give it a high semolina) from Savalou (Bénin)83 including by means of GIs. Indeed, symbolic value. This wide diffusion a discussion between local actors through travellers and migrants is Gari is the favorite staple food all in different production areas arose clearly a very important support for over Western Africa. It is made based on the scientific findings, this local product. from toasted cassava semolina. In aiming to define more precisely the village of Savalou (Benin, West the geographical boundaries, Rural development through Africa), a special type of Gari, called especially altitude and administrative ROOIBOS HERBALTEA (South Gari missè, is produced and its boundaries. One of the GI initiatives Africa)87 fame is widespread throughout the is Pico Duarte Coffee. country. Quality control is carried Rooibos is unique to the Cape floral out at the processing and trading Registering a GI to prevent kingdom, known locally as the stages by a group of Savalou women the private registration of a fynbos and grows exclusively in the processors. They only allow women geographical name (Dominican Northern and Western Cape province whom they know and trust into their Republic)85: of South Africa. Rooibos herbal tea processing. The women processors is endemic to a part of the country themselves treat directly most of the In the Dominican Republic, as in and considered as part of the products. Within the group, a social other countries, many geographical South African patrimony. The main control is imposed to respect correct names have been registered as motivation of leading producers for processing rules and marketing private trade marks by individual developing a GI was to fight product practices. A lack of respect for firms. For example, many coffee usurpation, risk of delocalization the rules entails the risk of being trade marks are registered according of the activities and to address the expelled from the group. to national Dominican law. This has rapid increase in demand. However, 33 The Geography of food: reconnecting with origin in the food system. defining a common strategy was not Rooibos tea: The major problem of a generic term “rooibos” to easy. Rooibos tea is competing on the is that about 95% of the product retrieve the right to sell the world tea market with green teas as is currently exported in bulk companies products under the well as with herbal teas and benefits and it follows a significant name rooibos in the United from the favourable trend for these opportunity for down-stream States. products in developed countries.88 value adding exists (Troskie, 2007; Biénabe et al., 2008). The However, also some difficulties would - GIs in national law: In South weak position at the international have to be overcome before/with the Africa only wine and spirits market is one of the most introduction of a GI. A clear challenge are protected by the Wine of serious challenges South African would be to ensure better control Origin Scheme which has to date Rooibos producers face. There over the rooibos quality and to 22 regulations including also is evidence that teas with very combine the GI and the biodiversity delimitation of the Geographic low proportion of actual rooibos conservation strategy, as rooibos is areas. For non-alcoholic products or mainly sticks are labelled and being produced in and attached to the current legal framework only marketed as Rooibos (Biénabe a highly biodiverse area (Biénabe et provides for the protection of et al., 2007). Between 1993 and al., 2007). As most rooibos producers GIs as collective trade marks. But 2003 the export market grew are not smallholders, but are large South Africa regards the word by 742% and usurpation was scale producers and the processing rooibos as a national good, so it the main driving force for the sector is also highly concentrated, cannot nationally be registered as Rooibos GI initiative (Biénabe large players have a powerful market privately owned trade mark (Gerz et al., 2008). For several years position as well as the financial means et al., 2006). Rooibos Ltd. was involved in to make the investments needed to a Law suit dealing with the capture benefits from commercial - Challenges for South Africa’s problem of trade mark protection rooibos markets (Gerz et al., 2006). 34 The Geography of food: reconnecting with origin in the food system. 5. P ositioning origin-linked products and demand side considerations The realization of the potential According to Unnevehr et al. (2011), - 17 percent associate GIs benefits of GI label rest on the information is crucial for determining, with tradition and European policy presumption that there is an maintaining, and communicating consumers’ willingness to pay increasing interest of consumers in food product quality, differentiation, price premiums: qualitative aspects of foodstuffs89. and safety. In this context, food labels could mitigate the imperfect - 43% were willing to pay up to an The demand for credence attributes information problems, promoting extra 10% for GI products in food products has been increasing market incentives (Caswell & Padberg, in recent years due to consumers’ 1992; Unnevehr et al. 2011) and - 8% were willing to pay up to an interest in food safety, health, and highlighting product attributes that extra 20% for GI products the environment90. Consumers are may be desirable for specific niche strong drivers of the change towards markets (Golan et al. 2001; Unnevehr - 3% were willing to pay up to an high quality and short supply chains. et al. 2011).92 In theory, the information extra 30% for GI products As people earn more, they consume asymmetry between the producer a wider range of products: they are and the consumer can be addressed These results demonstrate that less concerned with quantity and through informative labelling, almost half of the European more with quality (Malassis, 1996). conveying significant information to consumers claim to be willing to And as the source of food becomes consumers in a simple manner. pay a price premium for being more distant both geographically guaranteed the origin of the and culturally, consumers tend to want guarantees that their food is 5.1. Origin-linked product. Furthermore, the results imply that Europeans to a great genuine and safe. Livestock-disease products and extent recognize origin labelling and scares, pesticide contamination consumers associate it with a guarantee of a and transgenic crops raise worries specific origin. among consumers about what they perceptions and eat. Regional products that are uses Another Eurobarometer poll from guaranteed to come from a specific 1998 (carried out in a similar manner area (this is known as ‘traceability’) Consumers show great awareness for to the one in 1999, described for and are made in a particular way origin but less for specific GI-related above) showed only 6.3 percent of are one way to restore trust among labels in EU the consumers knew the three letters consumers. But reassurance is not “PDO”, and 13.5 percent the full just a matter of health or hygiene. According to a Eurobarometer poll denomination “protected designation More fundamentally, it is linked to from 1999 this is how European of origin”. Moreover, a third of the the unique relation between people consumers perceive GIs (poll carried consumers knew that the PDO label and food: food is the only consumer out between 29 October 1998 to 10 implies that the product has a well- good that consumers literally ‘in- December 1998, in EU-15 of 16 214 defined geographical origin, and corporate’. For many consumers, people):93 a quarter could say that the main food is life, and food is culture. This ingredients must all come from the ‘incorporation principle’ (Fischler, - 37 percent think of GIs as a production area.94 1990) explains why people are so guarantee of origin sensitive to food scares. But also More recently, Eurobarometer means that food can carry values - 37 percent think of GIs as a (February 2005) presented a study and link producers with consumers guarantee of quality on Europeans’ perception of the – ties that simply do not exist with European agricultural policies (the manufactured products such as - 56 percent think of GIs as a CAP).72 The survey was conducted shoes or soccer balls.91 guarantee of place and method of among 25 000 European citizens production from all 25 member states. The 35 The Geography of food: reconnecting with origin in the food system. poll did not address specific GI foods for women’s employment positively. It can be summarized concerns, but it did reveal that issues and income generation, as well as that the empirical evidence so far such as food quality and origin of their broad spread in urban diets, suggests that the most important food products are of importance including in restaurants and street aspect for the success of a product to European consumers.73 It also food vendors (ALISA, 2003). registered as a GI is the perceived showed that 45 percent of the EU higher quality compared to non- consumers found that the CAP The results of the work on consumer protected products. In this context plays its role well in protecting the perceptions of GI logos above, show it must be stressed that quality is specificity and taste of European how unlikely it is for consumers to a social construct and may vary agricultural products.95 be moved to buy a product because for specific products and between of the administrative and technical individuals. Moreover, quality in Taking the polls together, one can registration instrument the name is relation to regionally denominated conclude that quality and origin protected – any more than people foods is closely related to other is of importance to the European will buy a brand of clothing because socially constructed concepts such consumers, which signals that they the brand name is or is not entered as “authenticity”, “healthy” and would be prepared to pay price in the Madrid system of trade “tradition”. This notion is important premiums for products which mark registration. Instead, other in that respect, that if regionally guarantee origin and production motivations, such as taste, origin, denominated products are perceived methods. However, it is unclear how quality and perceived food safety as being of a higher quality, this familiar the typical EU consumer is (which is related to traceability) are higher quality can comprise many with the labelling used to designate likely to be much stronger (Gerz different aspects. 97 origin within the Union (the PDO/PGI and Dupont 2006). Van Ittersum designations), and hence, it is also et al. (2007)’s study covers six Consumers tend to have little unclear if the PDO/PGI label in itself different GI products from three understanding of GI labels and are contributes to the existence of price different European countries, namely confused about their meaning premiums.96 Italy, Greece and the Netherlands. The main result is that consumers’ If the quality warranty aspect of Consumers are willing to pay more image of regional certification labels GI labels is central to consumers, for origin-linked products consists of a quality warranty and an it is important for consumers to economic support dimension. The understand the meaning of such There is evidence of consumer quality warranty dimension means labels. However, the presence on preferences for regional products in that consumers perceive these the market of labels highlighting developing countries, even though products as being of a higher quality peculiar features of quality products these are generally not labelled as which results in a positive willingness does not seem to completely fill such. A recent study showed urban to buy (WTB) and willingness to the information gap between consumers in Vietnam identify pay (WTP). Additionally, a positive consumers and producers and, up to 265 ‘local specialty’ food WTB and WTP can be a due to thus, solve asymmetric information products that associate the place of the economic support dimension, problems. Research shows that production with the expectation of a i.e. the belief to support the local consumers tend to have a low higher quality (Tran, 2005). Market economy by buying these products. perception of specific GI logos. In data on coffee in Costa Rica show The results highlight that the GI a study only 51 % of respondents that customers in supermarkets label without additional information stated correctly that the symbols and small shops alike rank place has got no positive impact on signal that the product is produced of origin as the first criteria that perceived quality of the product in a specific area. About one fourth determines coffee quality (Galland, while the GI label, if explained by of the respondents erroneously 2005). A review of local foods and the vendor with the story behind believe that these symbols signal the expertise of preparing it in West the product, influences the quality an environmentally friendly Africa shows the relevance of these perception and purchase intention production.98 36 The Geography of food: reconnecting with origin in the food system. Therefore, consumers "acceptability give more emphasis to the GI and logo is affixed to the product, the of food labelling programs may collective logo. Another strategy label guarantees the existence of depend on the level of available for positioning the GI product a verification/certification system. information on the market and is to associate the GI label with Information can also be given that on consumers" awareness of the another differentiation label such reinforces the image of the GI food characteristics guaranteed by as “fair-trade”, or to participate attributes; for example information, such labels.99 According to Lusk & in national or international food on the specificity of the production Briggeman (2009), when people fairs in order to obtain formal process and on natural resources have little knowledge or experience recognition by professional peers. used in it, the know-how, the link on food product attributes, the One essential element for positioning with the culture of the production corresponding measured preferences is to associate the GI product with area, etc. A label can also suggest may be less stable. (See also Aprile specific values relevant for each possible utilization of the product et al. 2009). A study100 demonstrated consumer segment; for example, in culinary preparations by “non- that providing information on the tradition, taste, environmental expert” consumers; for example, meaning of food labels – i.e. the responsibility, social equity, fair providing traditional recipes, story behind the product – changed distribution of revenues, and so on. suggestions for conservation, in an economically important way In this regard, a logo or labelling and so on. This can facilitate consumers’ WTP for a certain referring to the specific quality usage by consumers and increase product. This finding is consistent of a certain GI (common to all opportunities to buy and consume with the hypothesis that consumers’ products coming from the firms the product. By means of an valuation for European quality using such a GI) gives the consumer appropriate design of the brand and labels is directly linked to the level the possibility to recognize and proper packaging and labelling it is of knowledge about the meaning of position the related values (terroir, possible to create several product these labels. origin, etc.) of the products and lines originating from the same GI prefer them; thus the importance product in order to address the 5.3 The importance of of a collective organization to consumer’s needs for a more choices, develop such a strategy. Moreover, especially in terms of “services” effective market different quality attributes do included with the product.102. positioning interact with each other, which can lead to possible conflicts101. One Local and international markets important aspect in this regard is the involve two very different production Truthful, meaningful and educational interaction of regional certification and market scales. Origin-linked labelling in itself contributes to labels with brands. products and GI cases from the creation of a fair competition developed countries showed that environment. Another positioning Better labelling and attention to regional and national markets are choice regards the role played marketing the most important for traditional by the logo or brand of individual foods because the consumers are producers. In some situations The packaging and labelling both physically and culturally closer producers take advantage and give contributes to value creation. to producers. Thus, it is useful to more emphasis to the firm brand Labelling provides important explicitly address the promotion of (when the internal concurrence information about product and access to regional and national is strong and there is a need for characteristics (composition, markets, recognizing their economic differentiation, or when quality nutritional facts, description of and cultural specificities and the fact levels inside the GI system are how to use the product), about that they will be growing steadily very differentiated). In other specificity related to the GI. In terms over the next century, in developing situations, producers prefer to of quality and origin, when the GI countries103. 37 The Geography of food: reconnecting with origin in the food system. CONSUMER SUPPORT: EXAMPLE OF SLOW FOOD Slow Food is an international association operating since 1986 to safeguard the international oenogastronomic heritage through the enhancement of typical products and the promotion of agrifood quality and taste education of consumers. The Slow Food Foundation for Biodiversity was born in 2003 with the objective to protect agricultural biodiversity and the folk as well as food traditions in the world. More specifically, the Foundation is active in the realization of the following projects: • the Ark of Taste, inventory of traditional quality agrifood products that are disappearing; • S low Food Presidia, specific projects created to protect small producers and save plant species, animal breeds and quality folk products and; • T he Earth Markets, focused on small-scale producers of origin-linked quality products, which offers an important commercial opening to local communities. Every two years Terra Madre allows producers from all over the world and operators of the sector (cooks, universities, journalists; 167,000 visitors in 2006) to meet and raise awareness of their food products and sample other food products during the Salone del Gusto. Source: www.slowfoodfoundation.org Conclusion and its origin link, often proves to be production and management more tactical than strategic. Many practices that include landscape and No panacea but strategic choices producers use both instruments ecosystem considerations. Direct and trade-offs… to protect and promote different benefits in terms of sustainability in attributes – a figurative trade mark rural landscapes derive from the fact Given such a varied and disparate is ideal form to project a designed that governance and market success global legal landscape, when it image for a product, for example. contribute to the viability of rural comes to deciding whether or not Trade marks can be used as a way livelihoods which depend on the to promote a product based on of protecting a product name and sustainable use of specific biological its origin it is important to identify controlling a marketing campaign at and genetic resources. clearly the origin-linked attributes, the same time.104 the capacity of the producers, the Some potential problems of availability of systems of designation Sustainability factors are key protection instrument include and protection, and the commercial Potential benefits of GIs105 and exclusion of actors, potential potential of the product. Origin origin-based marketing tools have conflicts within the supply chain marketing and labelling might been shown to include market (monopoly in favour of the most successfully rest on traceability access increase, price premium powerful actor in the system or and transparency in the value chain and value added retained in unfair exclusion of certain actors), for much product. Where product the region; local employment, need for external support, the role has good prospects of obtaining empowerment of producers and in the global regional strategy and a geographical indication in the preservation of cultural values the synergies with other regional domestic and export markets, the and traditions. In addition, linking products. These can translate producers can create and adhere to market development of a product into considerable challenges for a specification for the product, and to traditional and low-intensity developing countries are the lack of the costs of controls and certification farming practices may promote specific skills in the public institutions can be supported, then registration biodiversity conservation directly and support organisations, especially as a GI offers a good option. The through the use of a specific genetic where a formal GI registration decision to obtain a GI, or trade resource (an autochthonous breed system is under consideration (e.g. mark that endorses both the name or plant variety) or indirectly through delimitation of the region of origin, 38 The Geography of food: reconnecting with origin in the food system. determination of core elements of for asset identification, protection, and commercialize over the long the specificity to be put in the code exploitation and management. term; (iv) Effective legal protection of practices; and capacity of the It is important to make sure that including a strong domestic GI farmers to adhere to a specification stakeholders own the whole process. system. Those factors require a and quality standard, year-on-year, substantial financial, technical and and irrespective of climate events In the future, it is likely that the human resources which should and other natural variables.). These use of origin marketing tools, like be done on the basis of a careful factors argue for close attention indications of source, trade marks analysis of opportunities. to feasibility in designing the and GIs in ACP countries will specification and selecting the increase. The ratification of EPAs At the same time alternative systems instrument. by CARIFORUM and other countries, exist that can be used in combination the increasing interest demonstrated with GIs or where some or all of To achieve political goals at local and international level for the components above are not in regarding sustainable agriculture origin marketing, and interest in the place. The literature review and and rural development, there is a protection of traditional agricultural case studies show that a regional necessity to select tools that are products point in this direction. In name can be trade marked even if fit for purpose and appropriate addition the registration of the first it is not protect in the country of to the circumstances producers, 3 GIs by OAPI and the recent MoA origin and that indications of source administrations and traders actually between ARIPO and DG AGRI of used in commodity markets can be face. In the alternative, it is pointed the EU are indicators of the growing successful ways of accessing price out that a comprehensive policy interest in developing countries. The premia on international markets. promoting tools like GIs can only be variety of products originating from These instruments place fewer successful if combined with other ACP countries, together with studies burdens on producers and may not support policies.106 showing evidence of consumer require specific production methods interest in GIs both in developed and to be adhered to and certified. This Origin marketing is intrinsically developing countries’ consumers107, has the disadvantage of reducing a collective undertaking and demonstrate that the approach quality of the guarantee to the collective rights should apply to has the potential to become consumer, but as an intermediate the instruments like GIs and other an opportunity for sustainable step or as a marketing strategy in tools. The origin designation broadly development in ACP countries. In itself, these instruments deserve affects a group of people and the this context, it is critical to have solid attention in the ACP context. resources of a region. data on the impact of GIs and other origin marketing tools in the context In sum, origin is a valuable asset and In the specific case of GIs, without of ACP countries. one that every ACP product has. care and attention to these factors, Different instruments are available for protection can require capacity Lessons from the case studies protection and to assist marketing and resources, which are limited and the literature review suggest of the intangible origin designation in developing countries and least- that, for origin marketing, and and should be used according to developed countries. These countries particularly for a GI, to be successful, appropriateness. Taking a lesson from need to ensure the mechanisms four components are essential108: some of the world’s leading origin- promoted to farmers match the (i) Strong organizational and marketed products, a combination of legal and administrative resources institutional structures to maintain, instruments is often the optimum: a available and the capacities of market, and monitor the GI; (ii) GI to protect the name and figurative producers to apply and benefit from Equitable participation among trade mark help combine to protect them. If the intellectual property the producers and enterprises in the valuable asset and convey the route is chosen (essentially trade a GI region; (iii) Strong market story behind the name to secure a marks or GIs), capacity is needed partners committed to promote price premium in the market. 39 The Geography of food: reconnecting with origin in the food system. GLOSSARY109 Accreditation based on a range of activities: on- to regain exclusive ownership of site inspection, auditing of quality their names in other countries where Independent third-party attestation assurance systems, examination of existing trade marks or even claims by competent independent finished products etc. of genericism have taken over their authorities that a certification body, legal use. a control body or a laboratory has Certification body provided formal demonstration Code of practice (CoP) (or book of of its competence to carry out A body responsible for providing requirements, product specification, specific conformity assessment tasks certification, sometimes referred disciplinary document with a view to granting marks or to as the “certifier”, which may be certificates, or establishing relations, public or private and is normally Document describing the specific in a given field. accredited and/or approved by a attributes of the GI product in recognized authority. relation to its geographical origin Appellation of origin (AO) through a description of the product Certification mark and its manner of production, laying “The geographical name of a down requirements regarding not country, region or locality that Any word, name, symbol or device only modes of production but also serves to designate a product that signals certification of the those of processing, packaging, originating therein, the quality characteristics of a product, which labelling etc., as applicable. Any and characteristics of which are may include geographical origin. party using the GI must meet the due exclusively or essentially to It conforms to specifications laid requirements laid down in the CoP, the geographical environment, down by the owner and may which is the outcome of a consensus including natural and human factors” apply to the place of origin and/ among the stakeholders in the value (Lisbon System). Appellation of or production methods. The mark chain concerned with the GI. origin was one of the earliest forms requires some verification by a third of GI recognition and protection party, which defines whether the Collective action (Paris Convention, 1883). Although attributes are present. Unlike trade mentioned in earlier treaties, the marks, certification marks identify Brings stakeholders together for 26 contracting parties to the the nature and some type of quality common objectives that go beyond Lisbon System in 1958 first formally of the goods and affirm that these individual interests. recognized the term “appellation goods have met certain standards. of origin” as a form of GI by using Certification marks also differ from Collective/public good a single registration procedure, trade marks in three ways: first, a effective for all the signatories. certification mark is not used by A good that can be used its owner; second, any entity that simultaneously by several actors Certification meets the certifying standards set without any diminution of its by the owner is entitled to use the attributes. Its use by an additional A procedure by which a third party, certification mark; and, third, it actor does not reduce that of the official certification body, applies only to the product or service the others (the principle of non- provides written assurance that an for which it is registered. competition) and no individual can organization system, a process, a be prevented from using this good person, a product or a service is Claw back (the principle of non-exclusion). in conformity with requirements As an intellectual property right, specified in a standard or other The rather descriptive term used a geographical indication can be frame of reference. In the case of in negotiations and proposals to considered a collective or public GIs, the certifying body certifies restore GI rights in countries where good. However, misuse by individuals that the GI product is in conformity they have been lost for various or groups of the reputation linked to with the relative code of practice. reasons. This most often references a geographical name threatens the Certification may, if appropriate, be the EU’s wish for certain original GIs value of the collective resource. 40 The Geography of food: reconnecting with origin in the food system. Collective mark (United States) number of marketing operations on market segmentation and may be required to satisfy consumer supported by a voluntary approach A mark used by the members of a demand. Local stakeholders in order to obtain a specific cooperative, association or other can increase their income and certification or label (for example in group to identify their goods or efficiency by joining with other connection with organic farming or services as having a connection stakeholders to market their food traditional products). to the collective mark and its products and benefit from collective standards. The collective mark may action, for example to obtain a DO – Denomination of Origin have a geographical identity and better bargaining position or a may advertise or promote goods larger volume of sales. Collective The legal term for protected GIs in produced by its members. marketing is commonly carried out many developing countries. by a collective organization (see Collective (trade)mark (European definition of “Organization”). DOC – Controlled Denomination of Union) Origin (EU) Conformity assessment Trade marks used by the members of GI notation for wine and spirits GIs a group to distinguish their product Demonstration, through a systematic in Europe (Denominazione di Origine from that of non-members. A group examination carried out by one Controllata in Italy). DOC is a quality that has the benefit of a registered party on the request of another, assurance label in some regions “protected designation of origin” that specified requirements relating that was the basic GI term for wine (PDO) or “protected geographical to a product, process, system, and food products produced within indication” (PGI) may also apply for person or body are fulfilled. Such a specified region using defined a collective trade mark for the name demonstration is based on a critical methods and meeting defined quality or graphic representation of its GI study of documents and other types standards. After 1992, DOC became product. The PDO/ PGI designation of inspection or analysis, allowing compliant with Regulation 2081/92 provides a protected indication of verification that the specified that formalized PDO and PGI terms quality and relationship of origin that requirements are being met. in the EU. is separate from other intellectual property rights. Certain aspects of a Control plan DOCG – Controlled Denomination of PDO/ PGI can therefore subsequently Origin Guaranteed (EU) be marketed under a collective A specific, adaptable document trade mark, conferring additional that lays down how compliance Sub-regions of DOC that are subject protection via intellectual property with the various rules in the CoP is to more rigorous controls and rights. Conversely, a product or to be checked. It is a management quality testing. graphic representation that has been tool identifying the control points registered as a collective trade mark constituting the critical stages in the DOP – Protected Denomination of cannot subsequently be registered production process and the means of Origin (EU) as a PDO or a PGI, inasmuch as a GI verifying their conformity with CoP cannot in general override an existing requirements. Translation of PDO used as common trade mark. abbreviation for French, Spanish, Differentiation strategy Italian, Romanian and Portuguese. Collective marketing Voluntary development of a product Endemic: refers to a plant resource Occurring when individuals involved or service offering unique attributes that is found only in a specified in commercial activities, for example that are valued by consumers, who geographical zone. small farmers, decide to form an perceive them to be better than or organization to coordinate (and different from competing products. if necessary directly carry out) a A differentiation strategy is based 41 The Geography of food: reconnecting with origin in the food system. Enforcement a class or category name for all established a formal registration goods or services of the same type, process to recognize GIs within its The process by which a norm, or rather than as referring to a specific territory, then a product registered legislation in general, comes into geographical origin. in this way can be referred to as a legal force and effect. The rules “protected GI”. However, a GI may collectively established for the GI Generic (or basic) quality exist without protection or without product (the CoP) must be enforced seeking protection, unless the name against those misappropriating the This term corresponds to the or product is considered generic. In GI. The producers of the GI can minimum quality a product must certain situations, a collective mark enforce these rules through a court have in order to be placed on the or certification mark is the most or may themselves be given official market. It thus has a normative effective legal protection for a GI. standing by national authorities. effect, inasmuch as governments must ensure the safety, health and Geographic(al) sign Expropriation occurs when information of consumers and the the GI is registered outside the proper working of the market as A graphic symbol indicating a GI. territory before the local legitimate part of their mission to protect the stakeholders have been recognized public good. GI group as such and have obtained protection for their GI. Geographic(al) indication (GI) Group of stakeholders directly concerned with the product, acting Free-rider The WTO 1994 Trade-Related as a representative group for all the Aspects of Intellectual Property stakeholders who pooled their efforts A person or group that benefits from Rights (TRIPs) Agreement states: in order to elaborate the quality a good or service without paying “Geographical indications [...] of the end product: producers, for it. In the case of GI products, the identify a good as originating in processors and agents linked with geographical name of the GI product the territory of a Member, or a distribution and trade. may be used by certain stakeholders region or locality in that territory, hoping to gain a benefit (for example where a given quality, reputation GI system a higher price) without contributing or other characteristic of the good to the reputation (see “Reputation”) of is essentially attributable to its A system including all stakeholders the product or to any collective effort. geographical origin” (art. 22.1). and activities that contribute to All WTO member countries have the production of the GI product. Generalization occurs when an to establish basic provisions for A GI system thus includes the GI unprotected GI is used as a general the protection of GIs. The term producers and the other stakeholders term, thus also to designate “GI” can be used to distinguish involved directly or indirectly in the products originating from outside the identification of a product’s value chain, including but not limited the original area, as a result of the origin and its link with particular to public authorities, NGOs, research spread of reputation and specific characteristics and a reputation institutions, extension services and characteristics of the original related to that origin. When GIs other institutions directly linked to “model”. Such geographical names are legally registered they take the GI product (for example tourism are said to have become generic or such forms as AOs, PDOs and PGIs, activities in the production area). synonymous terms. depending on the categories defined in the various countries, and, as such, Good agricultural practices Generic name they become enforceable. The TRIPs (GAP) are practices that ensure Agreement does not provide any that farming is environmentally, A term or sign is considered specific legal system of protection economically and socially sustainable “generic” when it is so widely used for GIs, leaving this task to member and produces healthy, good-quality that consumers see it as designating countries. If a member country has food and non-food products. 42 The Geography of food: reconnecting with origin in the food system. Governance Identifier Inspection Concept referring to the complex Various types of identifier can make A systematic examination to systems covering mechanisms, up a GI: verify conformity with a specified processes, relationships and standard, carried out by a public institutions through which individuals - a geographical name – alone, so authority or a party invested with and groups articulate their interests, that it becomes the name of the equivalent authority. “Inspection” exercise their rights and obligations, product (as with Roquefort), or also refers to verification carried and mediate their differences. in association with the common out by stakeholders themselves: name of a product (as with Cotija (1) self-inspection carried out by Guarantee system cheese); each stakeholder of his or her own practices (record-keeping); or (2) The mechanisms existing or - a name, symbol or words referring internal inspection carried out by the implemented in order to ensure to a zone and its local inhabitants, organization for each of its members. the existence of certain attributes but which is not a geographical and the compliance with certain name (e.g. Arriba cocoa); Intellectual property rights (IPRs) specifications as mentioned in the CoP (assessable criteria and critical - associated supplementary An umbrella legal term covering points, control plan: what is to be characteristics that may also various legal entitlements attached controlled, when and by whom, and be considered geographical to certain names, supports and the type of sanction), documentation identifiers, such as pictures of inventions, written or recorded. The (attestation) and information. famous places (mountains or holders of these legal entitlements monuments), flags, specific may exercise various exclusive rights Identification designs or folklore symbols; in relation to the subject matter of the intellectual property. The The precise identification of a terroir - the traditional form and adjective “intellectual” indicates product and the local resources appearance of the product, that the term concerns creations needed for its production is the first such as specific packaging or a of the mind, while the noun step in the process of activating a common element on the label “property” indicates that the mind’s virtuous circle of origin-linked quality. production process is analogous This stage depends to a large extent IGP – Protected Geographical to the construction of tangible on the local producers’ increased Indication (EU) objects. Intellectual property laws awareness of the potential associated and their enforcement vary widely with specific local resources – which Translation of PGI, used as an between one jurisdiction and is what constitutes the basis for abbreviation in French (Indication another. There are intergovernmental collective action to gain recognition Géographique Protégée), Italian efforts to harmonize them through for the value of a product. It depends (Indicazione Geografica Protetta), international treaties, such as the therefore on identification of the Spanish, Romanian, and Portuguese. 1994 WTO Agreement on Trade- specific quality of the product and the Related Aspects of Intellectual local resources involved, but also on Indication of source or provenance Property Rights (TRIPs), while other the motivation of local stakeholders treaties may facilitate registration in and the potential to devise a strategy Any expression or sign used to more than one jurisdiction at a time. for the optimization/preservation of indicate that a product or a service GIs are recognized as intellectual the product. originates in a specific country, property rights in the same way as region or locality, without any other patents, trade marks or software. element of quality or reputation (Madrid Agreement, 1891, Art. 1.1; Paris Convention, 1883). 43 The Geography of food: reconnecting with origin in the food system. Interprofessional association/body fundamental factor for the success of Marketing plan the GI process. An organization bringing together A document describing the actions upstream and downstream partners Mark to be undertaken to achieve the from the same value chain with the marketing objectives according to purpose of regulating the market A term used interchangeably to the marketing strategy adopted. for the product, participating in the indicate trade marks, collective The marketing strategy is therefore implementation of agricultural policy marks and certification marks. put into practice with definition of provisions, analysing the implications Depending on the context, “mark” the marketing leverages of product, of various contractual arrangements, can refer to a regular trade mark, a price, placement and promotion. encouraging improvement in GI-related mark, a collective mark or performance along the chain and a certification mark. Niche market defending its collective interests. Market segmentation A market segment that addresses Inventory a need for a product or service The process of dividing the market not being met by mainstream The inventory is the most exhaustive into a number of homogeneous suppliers. A niche market may be list of agricultural and food products groups of consumers in order to seen as a narrowly defined group from a given zone for which at least implement targeted marketing of potential customers and usually one of the stages of preparation strategies and actions. develops when a potential demand takes place in the zone (agricultural for a product or service is not production or manufacture). The Marketing being met by any supply, or when aims of carrying out the inventory a new demand arises as a result of must be defined and will guide the All the operations and tasks changes in society, technology or the choice of data to be assembled on necessary to meet consumer environment. Despite the fact that these products. demand. Marketing involves such niche markets are of their nature operations as market research, very limited in volume as compared Label handling, product quality and with the mainstream market (and safety, packaging, branding, hence do not have the benefit of Any tag, brand, mark, pictorial or transport, and various decisions an economy of scale), they may other descriptive matter, written, regarding sale itself (how, where be very profitable, thanks to the printed, stencilled, marked, and when). Differentiation labels, advantages of specialization and embossed or impressed on, or such as GI ones, can be an important of their focus on small and easily attached to, a container of food. part of marketing strategy. In GI identified market segments. organizations, marketing is carried Management out both by the organization itself Origin-linked product (collective marketing) and by its The organization, coordination, individual members. It is therefore A product in which a specific quality control and monitoring of activities, very important to decide how is essentially attributable to its resources and people in order to the collective marketing of the geographical origin, as a result of reach defined objectives. This is organization and the individual a combination of unique climatic achieved by defining policies and marketing operations of its members conditions, soil characteristics, programmes that allocate resources will be coordinated. local plant varieties or breeds, local and responsibilities to processes and know-how, historical or cultural people. In GI organizations, each practices, and traditional knowledge member generally has managerial concerning the production and functions to carry out. In a GI system, processing of certain products. The appropriate management is a interaction among these elements 44 The Geography of food: reconnecting with origin in the food system. (which constitute what is known and Spain) prior to the European citizens, government offices, other as the terroir) confers specific Union’s Regulation 2081/92. stakeholders in the value chain characteristics that allow the product etc.) is in a position to recognize to be differentiated from other Protected geographical indication the value associated with a terroir products in the same category. (PGI) (European Union) product. This phase in the virtuous circle of origin-linked quality involves Partnership According to EC Regulation a precise description, enjoying 510/2006, “‘geographical indication’ unanimity among producers, of A cooperative agreement or alliance means the name of a region, a the characteristics of the zone, the between independent economic specific place or, in exceptional production process and the quality units sharing certain objectives, cases, a country, used to describe attributes of the product. combining their resources and an agricultural product or a expertise to reach these objectives foodstuff (a) originating in that Registered right holder in the interests of each participant. region, specific place or country, (b) In the sphere of GIs, a strategic which possesses a specific quality, A registered right holder is the first partnership can be established reputation or other characteristics to register that mark and enjoys between producers and processors attributable to that geographical exclusivity over any later users of the to coordinate production and origin, and (c) the production and/ mark to ensure consumers are not marketing. A partnership entails or processing and/or preparation confused by the two uses. collective bargaining and some form of which take place in the defined of collective organization. geographical area.” Relocalization of a geographical name Protected designation of origin Quality (PDO) (European Union) Consists of adding an extra “The totality of features and geographical qualifier referring According to EC Regulation characteristics of a product or to the origin zone (for example 510/2006, “‘designation of origin’ service that bear on its ability to Normandy Camembert) to the name means the name of a region, a satisfy stated or implied needs” of a product of origin-linked quality specific place or, in exceptional (International ISO standard 8402). that has become generic (a name cases, a country, used to describe an that could be geographical, for agricultural product or a foodstuff Quality assurance example Camembert is a soft cheese (a) originating in that region, specific that took its name from a village in place or country, (b) the quality A set of activities implemented in Normandy in France), inasmuch as or characteristics of which are the context of a “quality system” it has become common usage or is essentially or exclusively due to a with the aim of demonstrating now used in different regions. particular geographical environment effective management of quality, with its inherent natural and human bearing in mind the critical points Reputation factors, and (c) the production, identified, in order to ensure that processing and preparation of a good or service meets all quality Term referring to the recognition which take place in the defined requirements and to instill a certain acquired by the GI product in geographical area.” Note that the level of confidence among both the market and in society as the acronyms “DO(C)” ([controlled] customers and managers. outcome of consumption history denomination or designation of and traditions. In a general sense, origin) and “AOC” (controlled Qualification “reputation” expresses what is appellation of origin) correspond to commonly believed or stated about designations of origin that existed The term refers to the process the abilities and/or qualities of a in individual countries (France, Italy by which society (consumers, person or thing. In terms of trade, 45 The Geography of food: reconnecting with origin in the food system. reputation denotes the renown Stakeholder (or Actor) Strategic marketing and/or recognizable character of an enterprise and/or a product In the value-creation process for Marketing that follows a strategy produced by this enterprise. origin-linked products, any person, developed to reach consumers and Economic theory stresses the role group or organization with a direct hold its own against competitors. that reputation can play in solving or indirect stake in the outcome It entails a thorough analysis of certain problems arising from of the process, inasmuch as they consumers’ needs and their typology information asymmetry between can affect or be affected by its (“segmentation” of the market) so producers and consumers in high- results. Local producers and their that the product can be addressed end markets. In the case of origin- associations, companies involved to the most “appropriate” consumers linked products, reputation is a in the value chain (processors, (the “target” market). factor that can lead to a higher price distributors, suppliers etc.), based on the recognized excellence consumers, the government and any Sui generis and tradition of the product. Such institution playing a part in the GI a reputation often requires the use system are all key stakeholders. A Latin expression, literally meaning of legal instruments to protect the unique in its characteristics or of its product name. Standard own kind. In intellectual property law this expression is mainly used Source identifier A document established by to identify a legal classification consensus that provides, for common that exists independently of other A trade mark term meaning and repeated use, rules, guidelines or categorizations due to its uniqueness the capacity of a sign to clearly characteristics for activities or their or the specific creation of an distinguish the goods or services of results, guaranteeing an optimum entitlement or obligation. one enterprise (including a collective degree of order in a given context. group of producers) from those of Standards are set up by various Sustainability another enterprise. types of organization to facilitate coordination among stakeholders A term indicating an evolution Specific quality and reduce uncertainty concerning that allows the preservation, the quality of a good or service. maintenance and improvement A set of characteristics associated WTO defines a standard as a of the quality of natural with a good or service that is document approved by a recognized resources and the maintenance recognized as distinct from body, which provides, for common of environmental balance, with a mainstream products, either in and repeated use, rules, guidelines view to managing them for the terms of composition, production or characteristics for products or future. Sustainable development methods or marketing of the product related processes and production was defined in the Report of the in question. These characteristics methods, with which compliance Brundtland Commission (1987) as “a thus allow the product to be is not mandatory. It may also development that meets the needs differentiated in the market on the include or deal exclusively with of the present without compromising basis of a voluntary approach and terminology, symbols, packaging, the ability of future generations specification of the product on the marking or labeling requirements as to meet their own needs”. For part of economic actors and to they apply toa product, a process OECD (2001), sustainability is a the extent that the prerequisites or a production method. Standards resource-oriented, longterm, global regarding generic quality (or basic drawn up by the international concept. It is resource-oriented quality with regard to consumer standardization community are because we do not know what use protection and respect for the rules based on consensus. future generations will make of the of the market) are assured. resources and in what economic activities they will engage. It is viewed as essentially goal-oriented, 46 The Geography of food: reconnecting with origin in the food system. indicating that resources should be Organization for Standardization is the body of knowledge and used in such a way that the entire (ISO) as “the ability to trace the customs that make up the identity capital (including its option value) is history, application or location of of the product for its historically not reduced and an unbroken stream that which is under consideration”. In affiliated community, its consumers of benefits can be obtained. the case of GI products, a traceability and, more generally, people familiar system has varying degrees of with it. Territorial strategy complexity (depending on the decisions taken by stakeholders TRIPs The territorial strategy covers two and/or the normative framework) aspects: the strategy (objectives and allows clear identification of The Trade-Related Aspects of and definition of resources) of the the various points in the origin and Intellectual Property Rights (TRIPs) stakeholders in development in movement of the product and its Agreement overseen by the order to achieve local development raw materials all the way along the World Trade Organization (WTO). (understood in the sense of value chain until it reaches customers Under this agreement, the national economic and social development and consumers, including all the intellectual property legislation of for all stakeholders in the zone on enterprises that have been involved WTO members must establish the the basis of optimization of local in the production, processing and minimum level of protection for resources); and the strategy devised distribution process etc., to make these rights as defined in the 73 for a specified administrative or sure that the CoP has been correctly articles of the agreement. political area, in this case by the applied and to intervene in the case competent political actors. of non-respect. TSG – Traditional Specialty Guaranteed (EU) Terroir Trade mark A TSG in the EU means that a product A delimited geographical space in In some countries, geographical must be traditional, or established by which a human community has built indications can be protected as trade custom (for at least one generation up a collective intellectual or tacit marks. Geographical terms or signs or 25 years) and have characteristics production know-how in the course cannot be registered as trade marks that distinguish it clearly from other of history, based on a system of if they are merely geographically similar agri-food products. TSGs may interactions between a physical and descriptive or geographically have geographic affiliations but their biological environment and a set of misdescriptive. However, if a production can take place anywhere human factors, in which the socio- geographical sign is used\ in such a in the world, subject to appropriate technical trajectories brought into play way as to identify the source of the controls, so they are not treated as reveal an originality, confer a typicity goods or services, and if consumers GIs here. Haggis, Mozzarella, Lambic, and engender a reputation for a have over time come to recognize it and Eiswein or Icewine are well- product that originates in that terroir. as identifying a particular company, known examples. manufacturer or group of producers, Typicity it no longer describes only the place Typicity of origin, but also the “source” of the Typicity is an inheritance which has uniqueness of the goods or services. The typicity of an agricultural or historical and geographical origins At this point, the sign has thus food product is a characteristic and which is anchored to a territory acquired a “distinctive character” belonging to a category of products through a cultural identity and or “secondary meaning” and can that can be recognized by experts heritage. therefore be trade marked. or connoisseurs on the basis of the specific attributes common to such Traceability Tradition products. Typicity expresses the possibility of distinguishing an origin- Defined by the International The tradition surrounding a product linked product from other similar 47 The Geography of food: reconnecting with origin in the food system. or comparable products, and thus chain, at each stage gaining some It also keeps the International underlies the identity of the product. value that is added to that from the Register of Appellations of Origin. It includes a degree of internal previous steps. See chapter 3 for more details. variability within the category, but such variations do not compromise Value creation process Virtuous circle of origin-linked its identity. These properties of the quality (and associated strategy) category are described by a set of A term used to indicate activation characteristics (technical, social, of a “quality virtuous circle” based The virtuous circle of origin-linked cultural) identified and defined by onrecognition of the values of an quality and the associated strategy a human reference group, based origin-linked product through the correspond to the process of on know-how distributed among identification and development of promoting a product from the the various stakeholders in the its specific attributes. Four main terroir (or a product of origin-linked value chain: producers of raw stages in this virtuous circle have quality). It allows a contribution materials, processors, regulators and been identified: identification of to be made to sustainable local consumers. resources (raising local awareness); development through a series of product qualification; product steps (identification, qualification, Unique character remuneration; and the reproduction remuneration, reproduction), which and enhancement of local resources. boost one another in a feedback loop. A product has a unique character linked to its geographical origin if it WIPO Zone (or locality, or territory) cannot be replicated in another zone for objective reasons, whether these World Intellectual Property The zone or locality to which concern the physical characteristics Organization is the United Nations the link to the terroir refers is a of the natural environment or human organization for global intellectual specific geographical area, with factors (traditional know-how). property issues whose mandate is to physical limits separating it from facilitate discussion and learning on neighbouring zones. The nature of Value chain Intellectual Property (IP). WIPO has the boundary of the zone depends cooperation agreements with the on the element that determines its A chain of activities through which World Trade Organization (WTO) identity and may thus be political, a product (or a service) is produced and administers 24 international cultural, physical, historical etc. and distributed to customers. A treaties including most of those product goes through a series relevant to GIs (in particular the of processes and activities in the Madrid and Lisbon Agreements). 48 The Geography of food: reconnecting with origin in the food system. ACRONYMS AO Appellation of Origin AOC Controlled Appellation of Origin (in several languages, i.e. Appellation d’origine controlée) CAP Common Agricultural Policy CIRAD Agricultural Research Center for International Development (France) CoP Code of practice CTM Community Trade mark (EU) DO Denomination of Origin DOC Controlled Denomination of Origin (EU) DOCG Controlled Denomination of Origin Guaranteed (EU) DOP Protected Denomination of Origin (EU) EU European Union EURONATUR European Nature Heritage Fund FAO Food and Agriculture Organization of the United Nations GAP Good Agricultural Practices (basic standard) GATT General Agreement on Tariffs and Trade GI Geographical Indication GMO Genetically Modified Organism IFOAM International Federation of Organic Agriculture Movements IGP Protected Geographical Indication (EU) IGT Typical Geographical Indication (EU) INRA National Institute for Agricultural Research (France) IP Intellectual Property IPR Intellectual Property Rights IUCN International Union for Conservation of Nature NGO Non-Governmental Organization 49 The Geography of food: reconnecting with origin in the food system. OAPI African Intellectual Property Organization ORIGIN Organization for an International Geographical Indications Network PDO Protected Designation of Origin PGI Protected Geographical Indication PGS Participatory Guarantee System SINER-GI Strengthening International Research on Geographical Indications project of the EU STREP Specific Targeted Research or Innovation Project of the EU TM Trade Mark TRIPS Trade-Related Aspects of Intellectual Property Rights Agreement TSG Traditional Specialty Guaranteed (EU) UNEP United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNCTAD United Nations Conference on Trade and Development, Italy UNDP United Nations Development Programme UNIDO United Nations International Development Organization WEF World Economic Forum WFP UN World Food Programme WHO World Health Organization WIPO World Intellectual Property Organization WMO World Meteorological Organization WRI World Resource Institute WTO World Trade Organization WWF World Wildlife Fund 50 The Geography of food: reconnecting with origin in the food system. 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