A Snapshot into Geographical Indications

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A Snapshot Into Geographical Indications


*Brandon Jadoonanan 

LLB, LLM, LEC, BA, BSc

and

**Yeveeda Guiness 

LLB LEC



What are geographical indications (GIs)?

According to Section 2 of the Trinidad and Tobago Geographical Indications Act 1996 (the Act), a “geographical indication” is “an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”. Above all, there must be “a clear link between the product and its original place of production.”[1] Quality, characteristics and reputation of the product should inherently be due to the geographical origin. This piece seeks to explore this topic as it relates to Trinidad and Tobago, while also drawing upon examples from other territories. 

 

 

What types of products do GIs protect?

In discussing the types of products GIs apply to, it is best to eliminate those which it does not. Section 6 of the Act highlights which products cannot be registered as a GI. These include “indications which do not correspond to the definition in Section 2; indications which are contrary to public order or morality; and GIs which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country”. 

 

As a matter of fact, the protection offered by GIs can capture a wide variety of products including natural, agricultural, or manufactured products. Many natural/agricultural products are unique and retain qualities from the origin as they are impacted by specific local factors, such as climate and soil. In the Caribbean region, examples of such products are Trinitario cocoa produced in the Montserrat Hills region of Trinidad and Cafe de Valdesia coffee grown in the highlands of the provinces Ocoa, Peravia and San Cristobal in the Dominican Republic.

 

Natural or agricultural products are not the only types protected, as there may be certain products with qualities due to human factors found in the place of origin, such as manufacturing skills. Swiss watches are an example of this. The Swiss region connotes high quality watches which have been produced in Switzerland. 


Further examples of GIs include:[2]

Cuban Cigars (manufactured with tobacco leaves found in Cuba);

Champagne (manufactured with grapes from the Champagne region of France);

Scotch Whisky (manufactured with malt or grain from Scotland);

Tequila (manufactured with the blue agave plant of Tequila, Mexico);

Jamaica Jerk (manufactured with the majority of ingredients and seasonings grown in Jamaica); and

Jamaica Rum (manufactured with additives grown in Jamaica and fermented using water filtered naturally through limestone found in Jamaica).

 

Who can apply?

To apply for GIs in Trinidad and Tobago, the application must be made on Form No. 1, found in the Act and must state the GI being sought, geographical area, goods that the GI would be used on and the quality, reputation or characteristics of the goods. Currently there is an application fee of $500.00 TTD and a registration fee of $2500.00 TTD with the right to file an application applicable to “persons carrying on an activity as a producer in the geographical area, with respect to the goods specified in the application, and groups of such persons; groups of consumers; and any competent authority.”[3]

 

What are the benefits? 

There are many benefits of obtaining such protection. Most significantly, the rightsholders can prevent use of the GI by a third party whose product fails to conform to the applicable standards.[4]

 

Another benefit is the ability to obtain greater prices as consumers are more likely to pay more for a product with a unique quality, reputation or characteristic. This results in financial benefits as producers can establish a niche market for their products. GIs are especially important for Caribbean territories when negotiating in the international market. For example, when the GI was granted for Trinitario cocoa, this enabled a premium price to be charged, reflecting a 200% price increase and 100 % increase in demand for the product.[5]

 

In addition, the need to source local raw ingredients and/or other materials, in order to satisfy demand for the product, spurs the formation of linkage industries, thereby ensuring a guaranteed market for local farmers and manufacturers. Given that GIs pinpoint the country, a region or locality that a product originates from, it is no surprise that they also contribute to the enhancement of a country’s reputation. 

 

Notably, a GI does not enable the rightsholder to prevent a third party from another territory from making a product using the same techniques as those set out in the standards for that indication. However, the third party would be barred from utilising the name or the sign that constitutes the indication.


Conclusion 

GIs serve a vital role in the Intellectual Property toolkit and framework. This is a lesser explored area but crucial in distinguishing products, and is poised to be of even more importance within the Caribbean and Trinidad and Tobago as natural and agricultural products originating from this region are becoming more renowned. Some of these include spices, chocolates, cocoa and agricultural produce. 

 


* Contact Brandon at brandonjadoonanan@hotmail.com.

** Contact Yeveeda at yeveeda.g@gmail.com.

[1] World Intellectual Property Organization, ‘Geographical Indications’’ (WIPO, 2021) <https://www.wipo.int/geo_indications/en/faq_geographicalindications.html> accessed 19 December 2021

[2] Intellectual Property Office Trinidad and Tobago, ‘Geographical Indications’’ (IPO, 2021) <http://ipo.gov.tt/types-of-ip/geographical-indications/> accessed 19 December 2021

[3] Intellectual Property Office Trinidad and Tobago, ‘Geographical Indications’’ (IPO, 2021) <http://ipo.gov.tt/types-of-ip/geographical-indications/> accessed 19 December 2021

[4] L. Bentley, B. Sherman, D. Gangjee and P, Johnson, Intellectual Property Law (5th edn, Oxford University Press 2018) 1183

[5] Natalie Dookie, ‘Caribbean Farmers Secure Higher Prices With GI Certification’ (SPORE, 19 April 2018) <https://spore.cta.int/en/marketing/all/article/caribbean-farmers-secure-higher-prices-with-gi-certification-sid00a9ea366-02a8-42b3-bd9b-5aee78d9f9fb> accessed 28 December 2021

 

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