Geographical indications are a form of intellectual property, which identify a good as originating in the territory of a particular country, or a region or locality in that country, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Traditionally, two kinds of indications of geographical origin were recognized by consumers and traders and set out in law. These are “indications of source”, which refer to a sign that simply indicates that a product originates in a specific geographical region, like “Made in Germany”, and “appellations of origin”, which identify products originating in a specific region, where the characteristic qualities of the product are due to the geographical environment, including natural and human factors, of that region, like "Roquefort".

The new general term “geographical indication” is broader than appellations of origin, since not only quality but reputation and other characteristics of the product may be linked to the geographical place in question.

ON 16 MAY 2006 O’CONNOR AND COMPANY ORGANISES SEMINAR ON THE NEW RULES FOR REGISTERING GEOGRAPHICAL INDICATIONS

The EC has just changed the rules for registering Geographical Indications. GIs are names of products which have a geographic link like Parma Ham or Gorgonzola or Camembert cheeses. The EC protection of these names has been central to the marketing of these products worldwide.

The new rules will make it possible for producers of traditional products anywhere in the world to register their names here in Europe and get the protection of the law. Now producers of Darjeeling tea or Idaho potatoes or Demerara sugar will be able to get the same protection under the same conditions as EC producers.

On 16 May 2006 (18h15 - 19h45) O’Connor and Company is organising a seminar at the Silken Berlaymont Hotel on Boulevard Charlemagne in Brussels on how the new rules will work. People interested in attending can contact Barbara De Abreu (b.deabreu@oconnor.be ) or Irina Kireeva (i.kireeva@oconnor.be).

	The new EC Rules on geographical indications
>	In late March 2006, the EC adopted new rules on geographical indications. Council Regulation 510/2006 which replaces all previous law in the sector covers the protection of GIs in the food sector.  Included are the rules on what can be registered as a GI, how to register GIs, the specifications of GIs and the policing of compliance with the rules. This regulation is attached in full in pdf format.
	How to register GIs from the EC
>	The new rules change the way European agriculture and food producers must apply for registration. A short summary of how the new rules apply for EC geographical indications is set out in the attached pdf file.
	How to register Non-EC GIs
>	Non EC producers of quality traditional foods with a geographic link can now register their names directly with the EC authorities and get the same protection that EC GI holder have. The rules for non EC GIs are different than for EC GIs and in some ways are easier to manage. The attached pdf file sets out how these rules operate.
	Some Economics on GIs
>	Geographical Indications are an important tool in the labelling of agricultural products and foodstuffs. In Europe they show that the product has qualities associated with healthy and tasty ingredients and traditional production. An increasing number of consumers are willing to pay price premiums for quality products. In the attached sheet we discuss some of the economics of GIs in Europe

Getting help in registering your GI

Registration of anything with a public authority is always bureaucratic. GIs are no different. There are a number of complex steps to be completed especially in the definition of the ‘specifications’ and in the policing of compliance with the rules by all growers or producers in the place of origin. Assistance in navigating these rules is therefore advisable. O’Connor and Company has long been advising EC and foreign GI holders on their rights and obligations before, during and after registration. We believe we have unique experience in this sector as well as in the food and agriculture sectors in general.

	Our food and agriculture experience
>	O'Connor and Company Food and Agriculture brochure
	Our publications and articles:
>	Sui Generis Protection of Geographical Indications, Drake Journal of Agricultural Law, 2006.
>	The Law of Geographical Indications, Cameron and May, London (2004)
>	WTO Negotiations with Respect to Geographical Indications and Russia’s Position on the Protection of Appellations of Origin, Review of Central and East European Law 2004 No.4
>	The US Marketing Order System, Zeitschrift für das gesamte Lebensmittelrecht, 2004, Issue 3, p. 1-9.
>	Overview of the EC Case Law Protecting Geographical Indications. The Slicing the Parma Ham and the Grating of Grana Padano Cheese, European Intellectual Property Review, 2004, Issue 7, p. 312-322.
>	The Legal Protection of Geographical Indications, Intellectual Property Quarterly, N° 1, 2004, pp. 35-57.
>	Case C-216/01, Budejovický Budvar, Judgment of the Court of Justice of 18 November 2003, European Business Organisation Law Review (Volume 5, 2004/3, p. 577-588).
>	Protecting Traditional Knowledge: An Overview of a Developing Area of Intellectual Property Law, The Journal of World Intellectual Property, Vol. 6, No. 5, September 2003, pp. 677-698.
>	What’s in a name?: The “Feta” Cheese Saga, International Trade Law and Regulation, Vol. 9, Issue 4, July 2003, pp. 110-121.
	© Copyright O`Connor and Company