WIPO Journal - World Intellectual Property Organization

158 The WIPO Journal
for foodstuffs and agricultural products (88 per cent of the total), while the rest of the world, and especially
developing countries, has only a fraction of that amount. 1 Table 1 lists GIs by geographic region. GIs are
a form of trade mark, some say the oldest form. A trade mark is any sign capable of identifying a product
or service which, once registered, requires the permission of the owner for its use. Trade marks are justified
as a mechanism for informing consumers about the characteristics of the product and in particular to
protect producers and consumers from “false indications”. 2 GIs, however, differ from trade marks in
several key dimensions:
• Ownership:
trade marks are personal property, but GIs in some forms are owned by a group or public
body, which may not be permitted to use it on their own behalf.
• Location of production:
eligibility to use the GI is based in part on the location of production, and not the producer,
as with trade marks.
• Certification:
owing to the collective nature of GIs, an entity must exist which determines when the
standards for inclusion in the GI have been met.
GIs of course can be and are used in conjunction with trade marks.
Table 1: Distribution of GIs by region (as of 2003) 3
Region
Australasia
East Africa
Eastern Africa
Eastern Asia
Eastern Europe
Eastern North America
Eastern South America
Great Lakes Region
Middle East Africa
Middle East Asia
Northern Europe
Northern North America
Frequency
4
1
24
31
6
12
2
1
5
4
1
3
Region
South Africa
South Asia
Southern Africa
Southern Asia
Southern Europe
Southern North America
Southern South America
Western Africa
Western Europe
Western North America
Frequency
1 European Commission, Impact Assessment Report on Geographical Indications—Accompanying Document to the Proposal for a Regulation of
the European Parliament and of the Council on Agricultural Product Quality Schemes (Brussels: 2010), at http://ec.europa.eu/agriculture/quality
/policy/quality-package-2010/ia-gi_en.pdf [Accessed March 28, 2011]; C. Grant, “Geographical Indications: Implications for Africa”, Tralac Trade
Brief No.6/2005 (2005), at https://www.givengain.com/unique/tralac/pdf/20051108_TB6_2005_Geographical_Indications.pdf [Accessed March 28,
2011].
2 See D. Rangnekar, “The Socio-Economics of Geographical Indications”, UNCTAD-ICTSD Project on IPRs and Sustainable Development, Issue
Paper No.8 (May 2004), at http://ictsd.org/downloads/2008/07/a.pdf [Accessed March 28, 2011]; T. Josling, “What’s in a Name? The Economics,
Law and Politics of Geographical Indications for Foods and Beverages”, IIIS Discussion Paper No.109 (2006), at http://http://ssrn.com/abstract=922267
[Accessed March 28, 2011]; C.M. Correa, Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement (New York:
Oxford University Press, 2007); M.A. Echols, Geographical Indications for Food Products: International Legal and Regulatory Perspectives (The
Netherlands: Kluwer Law International, 2008).
3 Source: GIANT database at http://www.american.edu/ted/giant/global_analysis.doc [Accessed March 28, 2011].
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Total
(2011) 2 W.I.P.O.J., Issue 2 © 2011 Thomson Reuters (Professional) UK Limited
1
11
7
6
366
16
7
18
259
29
—
814