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: Michael GeistWhy Parma Ham May Stand in the Way of ACTA and CETA
By Michael Geist
Geographical indications (GI) are signs used on goods - frequently food, wine, or spirits - that have a specific geographical origin and are said to possess qualities, reputation or characteristics that are essentially attributable to that place of origin. Given the quality associated with the product, proponents of GI protection argue that it is needed to avoid consumer confusion as well as to protect legitimate producers.
Europe has the most extensive geographical indication protections in
the world. These include Protected Designation of Origin (PDO), which
covers agricultural products produced, processed and prepared in a
given geographical area using recognized know-how; Protected
Geographical Indication (PGI), which covers agricultural products
linked to the geographical area; and Traditional Speciality Guaranteed
(TSG), which highlights traditional character, either in the
composition or means of production.
The net effect of the European system is that hundreds of items enjoy
special legal protection. In fact, the system is so extensive
that the
Canadian Association of Importers and Exporters have expressed concern
that CETA could lead to new restrictions on the use of words such as
"pizza" or "feta."
The GI protection under European law frequently clashes with the fact
that for many consumers the GI has ceased to be associated with a
particular geographic region and is instead viewed as a generic term
for a particular type of product.
For example, many consumers might not associate champagne wines with a
specific region in France, but rather to a particular kind of white
wine. Similarly, the term "cologne," which is widely used to
refer to
perfumed fragrances, actually has its origins in the German city of
Cologne.
Canadian courts have grappled with a number of geographical indications
cases in the past, including an attempt by the Italian authority that
regulates "Parma" for cured ham to stop Maple Leaf Meats from using the
Parma trademark for some its meat products. The court sided with the
Canadian producer, ruling that consumers would not associate its meat
with products originating in Parma, Italy.
Over the past two decades, Canada has made significant changes to its
own geographical indications system. These include taking many
popular
terms - including Chablis, Champagne, Port, Bordeaux, Burgundy, Medoc,
Grappa, Schnapps and Sambuca - off a generic list so that they could
enjoy new geographical indication protection.
The irony with the Europe's zeal to protect geographical indications
within trade agreements is that effect may be to stifle trade, by
stopping foreign competitors from marketing similar products using
names that are understood by consumers as generic descriptions.
The latest round of CETA negotiations took place last week in Brussels,
with the GI issue (along with protections for industrial designs that
cover the fashion industry) a top priority for the European
delegation. The Canadian government unsurprisingly faces some
opposition to the demands from domestic producers.
Similarly, the ACTA negotiations, which have become increasingly
acrimonious, have hit a major roadblock with the Europeans demanding
extensive new enforcement powers - including criminal and civil
penalties - for GI violations. The U.S. and Canada have been
resisting
the demand, leading Karel de Gucht, a European Commissioner, to warn
last week that this was a "red line" issue that could cause the EU to
rethink the merits of the entire treaty.
Full post as published by Michael Geist on July 20, 2010 (boomark / email).

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