How to Protect a Geographical Indication?

In different countries and regions,geographical indications (GIs) are protected through a variety of approaches.

There are three main modalities of protection for GIs:

• so-called sui generis systems, which apply specifically and exclusively to GIs
• collective marks and certification marks
• modalities focusing on business practices (such as laws relating to the repression of unfair competition or to consumer protection).

Geographical Indications protection

Who can request a GI protection?

Generally, protection may be requested by a group of producers or manufacturers of the product identified by the GI. The producers or manufacturers may be organized as an entity, such as a cooperative or association, which represents them and ensures that the product fulfils certain requirements, which they have agreed upon or adhered to. In some jurisdictions, protection may also be requested by a local government body.

Who can benefit from GI protection?

The right to use a protected geographical indication belongs toproducers or manufacturers in the geographical area defined, who comply with the specific standards of the production (also known as “code of practice” or “regulations of use”).

GI rights areterritorial, which means that these rights are limited to the country or region where protection is granted.

There are three main ways of protecting a GI abroad:

Apply to thecompetent authority of each country or region in which you are seeking protection for your geographical indication.

Some countries recognize and protect GIs of another country based on bilateral agreements between them. These agreements may apply to all GIs or may be limited to certain economic sectors or products, e.g. wine and spirit drinks. Contact yournational IP office to find out more.

TheLisbon System for the International Registration of Appellations of Origin and Geographical Indications offers a streamlined and user-friendly means of obtaining protection for a geographical indication or an appellation of origin. Through a single registration procedure and one set of fees, protection can be obtained in the other countries (and intergovernmental organizations, such as the European Union) covered by the Lisbon System. Learn more about theLisbon System.