Benefits of GI goods for a nation

http://www.ourtimebd.com/beta/2020/03/05/benefits-of-gi-goods-for-a-nation/

Published Time: March 5, 2020, 12:00 am

Updated Time: March 4, 2020 at 7:00 pm

M S Siddiqui, Legal Economist

The World Trade Organization (WTO) Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPS) is the main international legislation. The Agreement

on Trade-Related Aspects of Intellectual Property Rights (TRIPS) signed in 1994, is an

international legal agreement between all the member nations of the World Trade

Organization (WTO) to deal with different kinds of intellectual property rights (IPRs) i.e.

patents, industrial designs, trademarks, copyright and related rights, trade-secrets, layout

designs for integrated-circuits, geographical indications (GI) and plant varieties protection (PVP). According to the World Intellectual Property Organization (WIPO), a

Geographical Indication (GI) is a sign used on products that have a particular geographic

origin, possess, qualities or a reputation that are due to that origin.GI indication of goods

acts as the “claim to fame” for a locality. TRIPS presumes the exclusive territoriality of a

GI within the territory of each Member, it is possible that the area of origin of a GI may

cover regions from two or more countries. In that scenario, the issue of cross-border GI

protection comes into question.

Article 22 of the WTO Agreement on TRIPS provides a broad definition of GIs,

encompassing both indication of source and appellation of origin. According to this provision, GIs are defined as ‘indications which identify a good as originating in the

territory of a Member, or a region or a locality in that territory, where a given quality,

reputation or other characteristic of the good is essentially attributable to its geographical

origin’.

The definition of GIs provided by TRIPS further expands the concept of ‘appellation of

origin’, contained in Article 2 of the Lisbon Agreement, to protect goods which merely

derive a reputation from their place of origin without possessing a given quality or other

characteristics which are due to that place. The Lisbon Agreement signed for the

Protection of Appellations of Origin and their International Registration 1958, art 2(1)

defines ‘appellation of origin’ as the geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or

characteristics of which are due exclusively or essentially to the geographical

environment, including natural and human factors.

GI act of Bangladesh defined “geographical indication of goods” Section 2 (9) means a

geographical indication of agricultural or natural or manufactured goods which identifies

its originating country or territory, or a region or locality of that country or territory,

where any specific quality, reputation or other characteristic of the goods is essentially attributable to its geographical origin and in case where such goods are manufactured

goods, one of the activities of either production or processing or preparation of the goods

concerned conceivably takes place in such territory, region or locality as the case may be.

The Trademark and GI seems confusing and presumes to be are the identity of goods. For

example, Toyota, Champagne, Walton and Jamdani are known to us. On looking closely

it can be realized that the above mentioned names do not belong to the same category.

Champagne and Jamdani can be categorized under Geographical Indicators, while Toyota

and Walton are Trademarks.

Trademark is a sign, name, or identity of a business concern that is used to differentiate the goods or services of one entity from that of another. Bangladesh law The Trader Mark

Act 2009 (section 2 – 8 – ii) a registered trademark or a mark used in relation to goods for

the purpose of indicating a connection in the course of trade between the goods and the

person having the right as proprietor to use the mark.

A GI goods may be of agricultural or natural or manufactured goods which identifies its

originating country or territory, or a region or locality of that country or territory, where

any specific quality, reputation or other characteristic of the goods is essentially

attributable to its geographical origin and in case where such goods are manufactured

goods, one of the activities of either production or processing or preparation of the goods concerned conceivably takes place in such territory, region or locality as the case may be

the goods are originally produced, exploited or manufactured and have become the

common name of such goods Section 2 (3) of Sales of Goods Act 1930 and derived of (a)

produces an agricultural product;(b) exploits natural products;(c) manufactures products

of handicraft or industry; and(d) trades or deals in producing, exploiting, making or

manufacturing the aforesaid goods;

The key distinction again lies in the fact that while a trademark identifies a good or

service as originating from a particular producer, a geographical indication identifies not

the producer of the good concerned, but the geographical region from where the product

originates. A car is still a car, but can be distinguished on the basis of the manufacturer’s trademark. For example, the BMW and Mistubishi are the trademarks of the individual

car manufacturers. Whereas in terms of a GI, the name signifies the place of origin of the

good and any manufacturer in that geographical location can use the GI for the specific

good. The examples are Jamdani indicate Sonergaon Upazila of Narangonj and

Roshomalai of Kumillah.

A GI is basically a collective protection given to a group of manufacturers belonging to

the specific location, where the good has first originated.On the contrary, a Trademark is

registered by a single entity of individual or a company. Only one person or manufacturer

can use a trademark registered in his/her name and address but in case of GI, every manufacturer or producer in the same region are allowed to use the same geographical

indication.

A trademark can be a letter, a word, numerals or simply a number, or a combination of

letters and numbers, an abbreviation, a name, a device, a hologram, a sound or a smell.

But a geographical indication can only be a name or a symbol related to places.A GI

identifies the product on basis of its place of origin. Factors such as the topography,

human work, climate etc of a specific geographical location determines the nature of the

GI. Where a trademark isis developed by human creativity. It is the human creativity or

intellect that determines the distinctiveness or the uniqueness of a trademark.

A trademark can be Suggestive, descriptive or arbitrary.

Trademarks are governed by the Trademarks Act 2009, while the GIs are governed by the Geographical Indications of Goods (Registration and protection) Act 2013.

Since the TRIPS definition requires Members to protect GIs of goods where the quality,

reputation or other characteristic of goods are attributable to their geographical origin, it

is an international obligation of each WTO Member to ensure that the alleged GI product

originates from the territory of that Member. In case of confusion regarding the

geographical location, the concerned Members may seek a mutually agreed solution.

GI protection is to guard against misleading use or unfair competition within the country,

enabling similar protection overseas market. Any product which falls under the definition

of a GI in the country of origin must be protected as a GI in that country and then be

eligible for protection in another WTO Member country.

It protects the interest of a region and country to use the name for indicating the quality

and better price. The manufacturers shall protect themselves from unfair competition. The

consumers heavily rely on the correlation between the geographical region and the quality

attribute of a product, without which a GI would mislead the consumer. It is this function

that takes GIs closer to the concept of branding. Country having valid GI registration can

export to other countries and get the benefit of GI registration. One of the important

aspects of GI Act is to get monopoly leadership in international market.