Geographic Indications Italy's Food Trademark System - USDA FAS

Geographic Indications Italy's Food Trademark System - USDA FAS

Geographical indications (GIs) are indications that identify a good as originating from a certain place, where a given attribute, reputation, or other characteristic of that good is essentially attributable to its geographical origin. Examples of GIs include Florida oranges, New Zealand lamb, and Parma ham. Although frequently applied to foods items, GIs may be associated with any product (e.g. Swiss watches). GIs act like trademarks. Once established they confer certain exclusive rights to the owner. Producers use GIs to create market recognition, hopefully at a premium price. Although GIs may benefit from a certain reputation or characteristic, their quality – that is, their wholesomeness, healthiness, safety – is not guaranteed above the minimal level guaranteed for all similar food items. The perceived “quality” of GIs is thus a matter of taste and marketing. For example, Grano Padano producers claim that blind taste tests show there is no statistical taste/preference difference between their product and Parmigiano Reggiano, even though the latter costs several euros more per kilo. Not all GIs win international taste competitions. The United States and the European Union (EU) protect GIs in different ways. The United States protects GIs as part of its patent and trademark laws. However, in 1992, the EU developed a new system to provide protection throughout the EU for the geographical indications and designations of origin of certain agricultural products and foodstuffs. In 1999, the United States challenged the EU‟s GI regulation in the WTO on two grounds: discrimination against U.S. GIs and failure to protect U.S. trademarks. In March 2005, the WTO panel ruled that certain aspects of the EU GI regulation were inconsistent with WTO rules and set a deadline for the EU to modify its regulations. For more information, see the USEU fact sheet on GIs: http://www.fas.usda.gov/posthome/useu/GI.html. Controversies occur when GIs protected in one area are considered to be generic in another. For example, cheddar is considered to be generic (mainly because the world consumes far more cheddar cheese than could be produced in Cheddar), while Italy argues vehemently that „parmesan‟ (as well as Parmigiano Reggiano) are GIs. Controversy also occurs because many “GI” products were made well before they were registered under the EU scheme (which began only in 1992) by people who long ago moved from a particular geographical area to settle elsewhere, taking their traditional knowhow with them.