brandannual 2019

Bobby J. Calder
Geographic
Indications are
Brands
According to the trade treaty, the Agreement on Trade-Related Aspects of Intellectual Property Rights,
or TRIPS, a Geographic Indication (GI) must satisfy two related requirements.
One, it must identify a good as
originating from a country,
or part of a country, that is a
WTO member. And, two, the
good must have at least one quality,
or reputation, or some other characteristic
that is associated with
its geographical indication.
GIs can take different forms.
Sui generis GIs are based on a specific
system of rights not linked
to trademarks or other IP rights.
Although different terms for them
are in use, sui generis GIs in India,
the EU, and other countries require
a registration of the GI that covers
not only the two TRIPS requirements
but also standards that users
of the GI must meet.
Other forms of GI, as used in
countries such as China and the
United States, are tied to trademark
systems. These can take two
forms. Collective trademarks can
be used by members of an association
of producers, though not by
the association itself. Certification
trademarks can be used by any
entity that meets the standards of
certification.
GEOGRAPHICAL
INDICATIONS AS BRANDS
A brand can be defined as the
equity or value in the consumer’s
mind “when the consumer is familiar
with the brand and holds some
favorable, strong, and unique brand
associations in memory (p. 2).” 1 GIs
1
Keller, Kevin L. (1993), “Conceptualizing, Measuring, and Managing Customer-Based Equity,” Journal of Marketing, 57 (1), 1-22, p.2.
108 brandannual The Business and Investment Magazine