Producer s perspective for developing a GI & its protection at international level: the Spanish experience
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1 Producer s perspective for developing a GI & its protection at international level: the Spanish experience Ester Olivas Cáceres Senior Consultant EU Affairs, International Trade and IP 19 September 2011 EU - China Seminar on GI Registration and Protection Beijing Landmark Hotel 1
2 Spanish GIs within the EU Out of the 27 EU Member States Registered GIs for wines and spirits In EU: In Spain: 182 Registered GIs for agricultural products: In EU In Spain: 189 Source: EU Databases (DOOR, E-Bacchus and E-Spirits) 2
3 Why are GIs popular? For producers: GIs protect local and traditional practices GIs increase production PDO / PGI Production in 1998 Production in 2008 PDO Manchego pieces pieces PDO Jamón de Huelva pieces pieces PGI Ternera Gallega tons tons 3
4 Why are GIs popular? (II) For producers: GIs redistribute the added value in the supply chain PDO Torta del Casar Liters of sheep milk produced in the region in 2007 Cheese without PDO L. PDO Torta del Casar L. PGI Ternera Gallega 1 Kg of product with PGI = 10% more than 1 kg of product without PGI PGI Lenteja de la Armuña Common Lentil: Raw material 0 70 /kg Lenteja de la Armuña PGI: Raw material 1 20 /kg 4
5 Why are GIs popular? (III) For producers: GIs help producers to obtain a premium price for their products PDO Torta del Casar Year 2007 Average price for PDO Torta del Casar Lentil without PGI Lentil with PGI 0 Cheese without PDO Cheese with PDO Average price/kg. PGI Lenteja de la Armuña Year
6 Why are GIs popular? (IV) For consumers: GIs offer a seal of origin GIs ensure transparency GIs respond to traceability requirements 6
7 Why are GIs popular? (V) For rural areas: GIs encourage diversification of production Jamón de Huelva: Pasturelands ecosystem of fully sustainable oak trees Manchego sheep: prevents from fire Carne de Ávila: Extensive grazing to clean parks and mountains 7
8 Why are GIs popular? (VI) For rural areas: GIs create job opportunities PDO / PGI Prodution firms and employees in 2008 PDO Manchego PGI Carne de Ávila GIs bring value to the land GIs have a positive impact in tourism Gastronomic tours Tourism projects around the IG GI museums 1028 farms, 39 industrial and 36 artisanal cheese dairies + leading companies in Spain 467 farms / 26 slaughterhouses and cutting plants 8
9 Is it worthy to pursue a IG? Famous GIs and Unknown GIs 9
10 Key points to consider Three pre-conditions: Truly origin-related and differentiated Clarity and organized consensus Market access These baseline conditions must exist when deciding to assess or undertake a GI 10
11 First steps towards a GI Government & stakeholders: 2 key stages A thorough assessment: Participants, resources, barriers, marketability, territory, costs and benefits, A clear strategic plan: Regulatory framework, management, marketing plan, quality control, possible changes, 11
12 Key factors for the GI success Strong organizational and institutional structures: Long-term commitment Equitable participation: to share costs, benefits and decisions Strong market partners: promotion Effective legal protection: experienced counsel 12
13 Building up a GI Collective governing body Stakeholders and public authorities GI holder Manager of the GI development Supervisor for the compliance of quality standards Manager of the certification and control Manager of penalties against infringements Key part of the GI system 13
14 Building up a GI (II) Specifications Name of the product Geographical area Raw materials and other characteristics Processing method Link with the geographical area Registers Rights & obligations Structure of the governing body Certification and control system Disciplinary proceedings 14
15 GI registration: In Spain Who presents? GI Stakeholders What to present? Study justifying: Geographical name Prior use of the name for the product Link with the area Certificate of the Trade Central Registry & Trademark and Patent office Specifications 15
16 GI registration procedure in Spain Competent Regional Authority: Receives the application Confirms legitimacy Requests informal observations report = MARM Publishes announcement in the Official Journal 2 months for opposition Decision If positive publishes Specifications Spanish Ministry of Agriculture (MARM): One month later = Sends Single Document to the EC The European Commission: Confirms reception to continue the EU procedure Competent Regional Authority: Requests transitional protection to the MARM 16
17 Labelling Promotion of GIs EU Information & promotion campaigns 2007: Carnes Ú nicas de Tierras Ú nicas Promotion of GI beef and sheep meats 4 million 60% EU 20% GI Stakeholders 20% Spanish Government Activities: Cooking programmes on TV Internet Cooking contests Merchandising Recipes, etc 17
18 Promotion of GIs (II) Promotional activities authorities by national 2010: Orgullosos de lo nuestro European PDO, PGI & STG logos 100% financed by Spanish Ministry of Agriculture (MARM) Activities: Press Radio Internet Posters Fliers, etc. Promotional activities by GI stakeholders: 18
19 GI Protection at international level Examples of abuses Parmigiano Reggiano cheese Duramont??? Shape: Black?? Size:20 cm??? Queso Parmezano??? Italian flag! Parmigiano Reggiano seal! Italian product??? ONLY AUTHENTIC PARMIGIANO REGGIANO!!! 19
20 GI Protection at international level (II) Examples of abuses Parma Ham??? Parma = Italy Parma Prosciutto Ham?? Italian Authentic Italian flag IT MUST BE ITALIAN BUT IT IS NOT!!! 20
21 GI Protection at international level (III) Examples of abuses Basmati Rice Parmesan cheese Parma Ham Pruneau d Agen Manchego cheese Roquefort cheese Tequila Cognac Porto USA USA Canada Chile Argentina New Zealand Israel Armenia South Africa 21
22 GI Protection at international level (IV) 167 countries protecting GIs: 111 sui generis systems of GI protection 56 trademark systems + and/or other laws International legal framework of protection Bilateral agreements: De minimis Multilateral agreements: Lisbon Agreement: October signatory countries only Limited effectiveness 22
23 GI Protection at international level (V) International legal framework of protection Multilateral agreements (II): TRIPS Agreement: November 1994 Pros: - Large definition of GIs - Applied by all 153 members of WTO - Effective enforcement measures - Multilateral dispute settlement & transitional agreements Cons: - Uncoordinated implementation - Unbalanced protection of Article 23 TRIPs for products other than wines and spirits - Legal uncertainty - No prevention of genericity or ilegal use in translation - No protection against prior trademarks 23
24 GI Protection at international level: Where do we stand? Doha Development Agenda: November 2001: Negotiations on the future of GIs 2 points to agree on: Extension of the protection granted to wines and spirits to all GI products Establishment of a legally binding multilateral register for wines and spirits The two issues are debated in the TRIPS Council under the Doha mandate but little progress has been made to date 24
25 GI Protection at international level: What next? The more pressing challenge is to advance the Doha Round: to find the political courage and the pragmatic steps which will lead our Members to have an honest negotiation WTO Director General Pascal Lamy 6 September Without strong protection, the future of geographical indications is in jeopardy! 25
26 Thank you very much for your attention Ester Olivas Cáceres Senior Consultant EU Affairs, International Trade and IP 26
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