Reserved Designations in Québec

Transcription

1 Reserved Designations in Québec

2 5 About CARTV Since January 1 st, 2008, the Conseil des appellations réservées et des termes valorisants (CARTV) has been the provincial competent authority responsible for managing and protecting reserved designations and added-value claims in Québec. Mission set out in the ARDAVC: advise the Minister on reserved designations and added-value claims; hold consultations; accredit certification bodies (+ develop reference manuals that contain accreditation standards and criteria); monitor the use of reserved designations and added-value claims. 2

3 Designation Principles in the ARDVAC Act Respecting Reserved Designations and Added-Value Claims (ARDAVC) When a product is differentiated, certain designations are indicated in order to identify its characteristics and provide added-value for consumers. Object The object of the ARDAVC is to protect the authenticity of products and of terms used to identify and promote them. Intellectual property A reserved designation is the public recognition of a product s authenticity relating to its designation. It is an intellectual property tool to protect collective designations. 3

4 Designation Principles in the ARDVAC Trademarks and Certification Marks The applicant cannot register a word that clearly describes a characteristic of the goods or services offered. (clearly descriptive mark) the applicant cannot register a word that clearly describes the place of origin of the goods or services (place of origin) the applicant cannot claim the exclusive right to use a word or certain generic terms appearing in the trademark. (withdrawal) 4

5 Designation Principles in the ARDVAC Designation Identification of a product which, by virtue of its specific features or method of production, differs from other products in the same category. Product An unprocessed or processed agricultural, aquacultural or other food product that is intended for sale. Recognition Evaluation of the specification manual Public consultation Recognition by the Minister of the product s authenticity and designation -6-5

6 Designation Principles in the ARDVAC Compliance To qualify for a reserved designation, a product must be certified by an accredited certification body as compliant with a specification manual. Exclusive Right Recognition of a reserved designation grants the parties registered with an accredited certification body the exclusive right to use the designation. -7-6

7 Reserved Designation Categories Reserved designations relating to a method of production e.g.. : Bio Québec Designation Reserved designations relating to a link with a terroir Designation of Origine (DO) Protected Geographical Indication (PGI) Reserved designations relating to a specificity -8-7

8 Method of Production The product is the result of an overall approach that applies to farming, breeding or processing and whose standards achieve specific objectives. The product is distinct as it results from production factors What matters is how it is produced and not necessarily the distinct characteristics of the final product Scope = Québec Applies to a group of product Example: -9-8

9 Terroir (Territorial Designations) The product is identified by the name of its territory (terroir), since it influences the product s characteristics and its method of production. Regional characteristics: geographical environment, know-how, product history, solid reputation of the product linked to its region, etc. Scope = local or regional (exceptionally provincial) Recognition by product Example: AGNEAU DE CHARLEVOIX -10-9

10 Terroir (definitions) Terroir Product Product that comes from or whose main components come from a defined, homogeneous territory whose characteristics, which significantly differ from similar products, are based on the specificity of this territory. Its characteristics depend on both the distinctive features of the environment, such as geology, climate, terrain, culture, history, and the traditional and emerging knowledge and know-how, and its inhabitants. Product with an indication of location, territory or region Product with which a location, territory or region is associated and that must be derived (produced or produced and transformed) from the location, territory or region to which the term refers. Groupe de travail sur les appellations réservées et les produits du terroir (2003)

11 Specificity Traditional Specificity The product must be distinguished by a traditional characteristic (traditional raw materials, traditional composition or traditional production and processing). The product must differ from similar products in the same category. Specific distinctive characteristics Scope = Québec Recognition by product (or by product category)

12 Reserved Designation Categories yes 1/ 2/ Does the product differ from comparable products that fall into the same category? Is the product made by a group of producers or manufacturers? no no A certification mark or regular trademark is most appropriate. 2.1/ Could the product possibly be made by a group of producers or manufacturers? no yes 3/ yes Is there only one product to be protected (including its derivatives?) yes no A designation linked with the method of production may be the recommanded protection tool. Example: 4/ Do the distinctive features of the product result from factors specific to a defined geographical area? no A designation linked with specificity may be the recommanded protection tool. yes 5/ Do all stages of production, processing or preparation take place in the defined geographical area? no A protected geographical indication may be the recommanded protection tool. yes A designation of origin may be the recommanded protection tool

13 Reserved Designation Step 1 - Reflection, consultation, development Step 2 - Review of designation applications by the CARTV Receipt of the application Evaluation by the committee On-site visit, committee meeting with applicant Public consultation Final evaluation Recommandation decision Step 3 Recognition by the Minister Recognition Process Step 4 Certification and life of the designation 13

14 Processing of Applications for Designation Filing of the application with CARTV CARTV recommends the recognition to the Minister Sending of the file if it is considered admissible: MAPAQ + committee Initial assessment: designation admissibility On-site visit by audit team Intermediary evaluation: consultation decision Committee concerned Recommendation notice Review of the final application review report Recourse or appeal possible (Supplementary review) Public consultation: observations and objections 14

15 CARTV s Roles Accreditation (accredits) Monitors products bearing designations in points of sales (inspects) Certification bodies (issue certificates and oversee) producers distributors processors

16 Opportunities Offered by the ARDAVC Reserved designations can be a marketing tool Development Identification of differentiated products and their characteristics Development of differentiated product market segment Development of a trustworthy tool for consumers New marketing tool for authentic products Product development outside its territory

17 Opportunities Offered by the ARDAVC but reserved designations are also a tool for: Protection Limit usurpation, or the misuse of product names Protect specific product development practices (know-how) Garantee the quality of products that consumers are looking for Sustainable Rural Development Recognition of differentiated products Recognition of the benefits of production for the biological and socio-economic environment (sustainability) Recognition of quality products in the region and their positive impact on development

18 Future Prospects for Product Designations Today Reserved designations -- Click to visit CARTV Website Projects underway -- Click to visit CARTV Website Functional designation recognition system (bodies, reference manuals and regulations, etc.) Expertise Objectives From reserved designations by 2018, representing about 5% of Québec s agri-food production value. Make reserved designations an essential tool to assist Québec businesses (local and export market), promote regional development, the province s heritage and specific resources, etc