scholarly journals Geographical Indications and Designations of Origin linked Agricultural Products: Current Statistics from Turkey

2020 ◽  
Vol 8 (4) ◽  
pp. 957-959
Author(s):  
Didar Ucuncuoglu
Keyword(s):  
Agricultural Products ◽  
The Other ◽  
Raw Material ◽  
Current Status ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Traditional Market ◽  
Protected Designations Of Origin ◽  
Agricultural Material

Geographical indications and designation of origins is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics. Particularly, the geographical indications (GI) provide information about the raw material or final products’ geographical roots to consumers and characterize the degree of its quality. Two types of GI were defined: Protected Designations of Origin (PDO) and Protected Geographical Indication (PGI). On the other hand, the products that cannot be registered as a designation of origin or geographical indication could be registered as Traditional Speciality Guaranteed (TSG) products specialty guaranteed if it can be proven that the product is on the traditional market for at least 30 years. The main goal of this research is to examine Turkey’s current status about labelled geographic agricultural material with a comparative statistic overview.

Relationship Between Geographical Indications and Trade Marks under Turkish Law

2021 ◽  
Author(s):  
Ufuk Tekin
Keyword(s):  
Trade Mark ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Industrial Property ◽  
Distinctive Character ◽  
Trade Marks ◽  
Judicial Practice ◽  
International Regulations ◽  
First Time

Abstract While geographical indications show geographical origin, trade marks show commercial origin. Therefore, it is possible to say that both geographical indications and trade marks have distinctive character. Indeed, when an application is filed to register a geographical indication as a trade mark, an important question is whether the sign is distinctive enough. In such cases, the distinctive character of these commercial and geographical ‘signs’ can overlap and intersect with each other. In this article, the intersection and relationship between geographical indications and trade marks will be evaluated by considering two different scenarios. In the first one, the trade mark application precedes the registration of the geographical indication, while in the second the application for the geographical indication is filed before the conflicting trade mark. The analysis is carried out by taking into account various provisions of theTurkish Industrial Property Code (IPC), the judicial practice of the Turkish Court of Cassation and international regulations. In this context, the relationship between several absolute grounds for refusal in such a situation and which of these provisions is the most applicable will be examined. In particular, an attempt will be made to explain the role of the absolute ground for refusal regulated in the new Turkish Industrial Property Code for the first time, namely that signs containing or consisting of a geographical indication cannot be registered as a trade mark (Art. 5.1(i)).

scholarly journals Value and protection of geographical indications by the Japanese Wine Law

2019 ◽  
Vol 15 ◽  
pp. 03004
Author(s):  
K. Ebihara ◽  
M. Omura
Keyword(s):  
Internal Market ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Foreign Countries ◽  
National Tax ◽  
Definition Of ◽  
The Eu

Recently, Japanese wine law has changed dramatically. In October 2015, the definition of “Japan wine” and the labelling rules were introduced, and the registration guidelines for the geographical indication (GI) were formulated. Up to now, the Commissioner of the National Tax Agency has designated two wine GIs: “Yamanashi” and “Hokkaido”. However, it is not easy for Japanese consumers to understand the value and the role of GI. The National Tax Agency, prefectures, municipal authorities and winery associations organise from time to time promotional events of GI wines to spread the notion of GI. Even though the majority of “Japan wine”, including GI wine, is consumed in the internal market, it is necessary to protect the Japanese GIs in foreign countries. Due to the EU-Japan EPA that ensures the mutual protection of GIs, it is quite probable that the GI will play an important role in the export of Japanese wine, liquor and agricultural products.

scholarly journals Rights to Designaton Focusing on Protected Designations and Geographical Indications of Agricultural Products and Foodstuffs

2015 ◽  
Vol 3 (2) ◽  
pp. 55-60
Author(s):  
Zuzana Ilková
Keyword(s):  
Competitive Advantage ◽  
Geographical Origin ◽  
Legal Regulation ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Creative Activity ◽  
Industrial Property ◽  
Goods And Services ◽  
The Right ◽  
Wine Region

AbstractThe paper deals with the issue covered by the field of industrial property, it deals with the right to designation, especially with characteristics of legal regulation of labeling of products with regard to their geographical origin at the Slovak, communitarian and international levels. Individual objects of the industrial property may be the result of intellectual creative activity of its creator/creators (e.g. inventions, utility models, designs) or they are not the result of creative activity of a particular natural person and are considered as industrial property rights to designation. The group of rights to designation includes: business names, trademarks, designation of origin for products and geographical indications for products. The rights to designation, inter alia, shall ensure uniqueness and competitive advantage for entrepreneurs and easy identification on the market of goods and services for the consumers. The paper closely analyzes the harmonized legal regulation of designations of origin and geographical indications of agricultural products, foodstuffs, spirit drinks, and wines. At the example of Tokaj wine region, it demonstrates the importance of protected designations at the EU level, in case of which demonstrable geographical origin of the product with controlled product specification by authorized national bodies brings a guarantee of quality of this product for consumers and the competitive advantage during their commercial implementation for the entrepreneurs.

scholarly journals Community Empowerment through Optimization of Geographic Indication (A Study on Local Products in Tambakroto Village, Sayung District, Demak Regency )

2019 ◽  
Vol 3 (1) ◽  
pp. 30-37
Author(s):  
M Shidqon Prabowo
Keyword(s):  
Descriptive Analysis ◽  
Community Empowerment ◽  
Agricultural Products ◽  
Public Understanding ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Cultural Traditions ◽  
The People ◽  
Place Of Origin ◽  
The City

Geographical Indication is a sign used on goods that have a specific geographical origin and has the quality or reputation is based on place of origin. In general, Geographical Indications is the name of the place of origin of such goods. Agricultural products typically have qualities that are formed from the place of production and are influenced by local factors are specific, such as climate and soil. Sub Tambakroto Sayung is one of the District in the city of Demak, which has the potential to geographical indications. The potential of geographical indications which are owned by the city of Demak District Tanbakroto Sayung have the geographic conditions, natural resources, agricultural products, crops and cultural traditions. The problem in this research are: 1). Potential geographical indication of what is owned by the District of Demak TambakrotoSayung? 2). What policies adopted to improve the welfare of society through excellence geographical indications in the District of Demak Tambakroto Sayung? This study aims to: 1). Register geographical indications advantages possessed by Tambakroto Sayung District of Demak, 2). Knowing the supporting and inhibiting factors in empowering excellence Tambakroto Sayung geographical indications in the District of Demak, 3). Produce a model of community empowerment based on the superiority of geographical indications in the DistrictTambakroto Demak.This research was carried out by empirical methods juridical approach. The specifications used in this research is descriptive analysis. The location of this research is in DistrictTambakroto sayung Demak. The research data collected by way of interviews, documentation and direct observations in the field.The results of this study is the potential for geographical indications which are owned by the District Sayung the fruit tempe and lontong  fruit. Sub Tambakroto Sayung has advantages over other regions in wilyah city of Demak. Excellence is the product of geographical indication in the form of fruit tempe and lontong fruit known by the name of the tempe and lontong tambakroto. Potential is the potential for geographical indications that have long existed in the district since Tambakroto But this time the potential was nearly extinct where the biggest factor is masyarat nor the relevant local government is not keeping well and not doing it continuously for the potential development of geographical indication. Development and empowerment are preferred to be done in maintaining the geographical indication products Tambakroto District. After that application was made for the protection of geographical indication products. Steps are still far to be done but it is not impossible to do. District policy has not led to concrete Tambakrotoin pengupayaaan, empowerment and development of products of geographical indication Tambakroto District. Initial thing to do is perform on the public understanding of the meaning of Sub Tambakroto importance of geographical indication of products that have been owned by the community such Tambakroto District. Geographical indication of products that have been developed and empowered as optimal as possible will support the welfare of the people own Tambakroto District. Keywords: Community Empowerment, Geographical Indications.

scholarly journals Intellectual Property Indicators in the Mesoregions of the State of Alagoas-Brazil

2020 ◽  
Vol 8 (8) ◽  
pp. 594-609
Author(s):  
Luanna Pereira de Morais ◽  
Silvana Nunes de Queiroz ◽  
Cristiano Quintino Furtado ◽  
Gabriel Francisco da Silva
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Industrial Design ◽  
Innovation Process ◽  
Computer Programs ◽  
The State ◽  
The Other ◽  
Geographical Indications ◽  
Industrial Property ◽  
Secondary Sources

The objective of this study is to analyze local, innovative and sustainable development in the three Mesoregions of Alagoas, through intellectual property indicators (patents, trademarks, industrial design and geographical indications). The methodology consists of the analysis of secondary sources extracted from the Statistical Database on Industrial Property (BADEPI), available on the website of the National Institute of Industrial Property (INPI), for the years 2010 to 2017. The results point out marked differences, with the eastern Alagoas mesoregion concentrating the intellectual property indicators with two geographical indications, 95.93% of the patent deposits and 84.73% of the deposits of trademark registrations, as well as industrial designs and computer programs. Agreste Alagoano presents a reasonable amount of intellectual protection, with emphasis on the municipality of Arapiraca. Sertão Alagoano, on the other hand, has the worst situation, low amount of intellectual property, even in a region with a diversified cultural and environmental environment. Thus, it was found that the Mesoregions of Alagoas need an ecosystem that invests in the innovation process in the region, especially the Sertão Alagoano.

scholarly journals Problemas de coexistencia entre Denominaciones de Origen Protegidas e Indicaciones Geográficas Protegidas: El caso “Aceite de Jaén”

2018 ◽  
pp. 163-177
Author(s):  
José Ramón Sánchez Jaraba
Keyword(s):  
Olive Oil ◽  
Virgin Olive Oil ◽  
Extra Virgin Olive Oil ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Peaceful Coexistence ◽  
Eu Legislation ◽  
Southeastern Spain ◽  
The Eu

Designations of Origin and Geographical Indications are two quality titles covered by EU legislation for the protection of agricultural products and foodstuffs whose quality is linked to a specific territory. In spite of being two different titles, the similarities between them are evident, and, since the EU regulations do not establish priority or incompatibility between them, it is possible that both protection instruments can apply in the same territory to designate the same type of product. This is actually the case in the province of Jaén, in southeastern Spain, where three Protected Denominations of Origin (PDOs) are threatened as a result of the application for registration of a Protected Geographical Indication (PDI) that intends to act at the provincial level for designating the same product: extra virgin olive oil. In this study we analyse this case and formulate some general recommendations of possible solutions that might allow a peaceful coexistence between these two titles of protection.

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals Sui Generis Geographical Indications for the Protection of Non-Agricultural Products in the EU: Can the Quality Schemes Fulfil the Task?

2019 ◽  
Vol 51 (1) ◽  
pp. 31-69 ◽  
Author(s):  
Andrea Zappalaglio ◽  
Flavia Guerrieri ◽  
Suelen Carls
Keyword(s):  
Best Practice ◽  
Specific Area ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Method Of Production ◽  
Protected Designations Of Origin ◽  
The Empirical Analysis ◽  
Empirical Methodology ◽  
Scope Of Protection ◽  
The Eu

AbstractThis paper analyses the suitability of the extension of the EU quality schemes – Protected Designations of Origin (PDOs) and Protected Geographical Indications (PGIs) – to the protection of non-agricultural products. In particular, the work develops an original investigation on the nature of these goods and assesses whether it is compatible with the scope of protection of the EU sui generis GI system, which is determined by the different origin link that characterises the two abovementioned quality schemes. The research, by applying a mixed comparative/empirical methodology and building upon a previously unpublished dataset, develops an analysis divided into three parts, reaching the following conclusions. First, if sui generis GIs were chosen as the means to protect non-agricultural products, the French legislation on the sui generis protection of handcrafts should be considered as the best practice. Second, the empirical analysis shows that, since non-agricultural goods are characterised by a loose link to a specific place, predominantly based on the on the product’s history and on its distinctive traditional method of production, PGIs seem to be fit for the purpose. Indeed, the analysis of a sample of non-terroir agricultural products protected by PGIs will highlight this parallelism. Third, evidence shows that PDOs could be useful only in a small number of cases while the rationale of Traditional Specialities Guaranteed (TSGs), despite not being origin labels, can be useful to define products that cannot be linked to a specific area by physical or natural elements. Therefore, the EU legislator should take these elements into consideration if it decides to extend the EU GI regime to non-agricultural products.

scholarly journals THE DEVELOPMENT OF PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN IN THE EUROPEAN UNION

2016 ◽  
Vol 2 (127) ◽  
pp. 82-89
Author(s):  
Y. Kapitsa
Keyword(s):  
National Level ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Specific Character ◽  
The European Union ◽  
Legal Regime ◽  
Industrial Property ◽  
The Difference ◽  
Small Producers ◽  
The Eu

The article discusses the codification of EU acts on the protection of designations of origin and geographical indications. It is noted the higher protection requirements in the EU compared to the TRIPS Agreement and the Lisbon Treaty. It is noted the difference in designations of origin and other denominations on national level. The legal regime of traditional specialities and optional quality terms is discussed with notes of features of these indication close to specific industrial property objects. The specific character of enforcement of rights on designations of origin and geographical indications is noted with more wide protection then for other IPR objects. It is noted non codification of legislation on agricultural products and foodstuffs and wines and spirits, small amount of the types of products and foodstuffs which cover the regulation in comparison of other countries, expedience of simplification of the registration for small producers.

scholarly journals PERLINDUNGAN TERHADAP HAK KEKAYAAN INTELEKTUAL INDIKASI GEOGRAFIS HASIL PERTANIAN LAHAN BASAH SEBAGAI PRODUK KHAS PROPINSI KALIMANTAN SELATAN

2016 ◽  
Vol 1 (1) ◽  
pp. 80
Author(s):  
Tavinayati Tavinayati ◽  
Mohammad Effendy ◽  
Zakiyah Zakiyah ◽  
Muhammad Taufik Hidayat
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Agricultural Products ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Trademark Law ◽  
The Right

This study aims to determine the legal protection to the right holder geographical indications of agricultural products. The new legal protection is obtained when the plants that meet the classification of the registered geographical indication by producers of agricultural products. The results showed that in the province of South Kalimantan many plants typical of wetlands that meet the classification of the geographical indication which siam rice pearl, saba siam rice, citrus and pineapple Tamban Banjar. But until now there has been registered as a geographical indication.Keywords: Geographical Indications, Trademark Law, Intellectual Property RightsPenelitian ini bertujuan untuk mengetahui perlindungan hukum terhadap pemegang hak atas indikasi geografis hasil pertanian. Perlindungan hukum baru diperoleh apabila tanaman yang memenuhi klasifikasi indikasi geografis tersebut didaftarkan oleh produsen barang hasil pertanian.  Hasil penelitian menunjukan bahwa di Propinsi Kalimantan Selatan banyak tanaman khas lahan basah yang memenuhi klasifikasi indikasi geografis  yaitu padi siam mutiara, padi siam saba, jeruk siam Banjar dan nenas Tamban. Akan tetapi sampai saat ini belum terdaftar sebagai indikasi geografis.

Sign in / Sign up

Export Citation Format

Share Document