Geographical indications of foodstuffs
Backed by EU funding, the project 'A comparative analysis of the protection of geographical indications for foodstuffs' (PROGI) looked at differences in terms of the intellectual property paradigm peculiar to GIs. Reference is made to certification marks, collective marks, protected designations of origin (PDOs), protected geographical indications (PGIs) and appellations of origin (AOs). Legal analysis considered the different models describing the connection between the geographical origin of a foodstuff (so-called terroir) and the quality features characterising it. Popular thought distinguishes between the EU (non-proprietary with PDOs and PGIs) and countries in North America (proprietary with certification and collective marks). However, even in North America, there are examples of non-proprietary systems of protection for GIs. Here, and in Australia, there is a partial operational convergence that resembles the European framework. This is almost exclusive to the wine sector. Nevertheless, there are still important elements of difference. Some areas (e.g. cheese or vegetables) maintain the non-proprietary/proprietary dichotomy between EU and North American models. Also, EU countries put more stress on the non-proprietary dimension of GIs than North American countries do. For example, signs resembling European PDOs/PGIs are not classified as a form of intellectual property, but rather as a form of labelling. The meanings, values and practices associated with the legal protection of GIs were put to an interpretative analysis. This showed that both common law and civil law systems have a rich variety of legal tools for protecting GIs. Also, GIs are flexible in conveying different meanings — for example, preserving tradition, and new identity creation through niche marketing. PROGI's approach enabled an in-depth analysis of how GIs are used, perceived and 'lived' in everyday life. They investigated the effects of creation and protection of a GI and the expectations and values their protection should achieve in such narrations. Overall, project work highlighted the potential of GIs in protecting as well as developing traditions and community resources to trigger processes of future-orientated development. PROGI outcomes thus have significant socio-economic implications, across all GI protection models and legal frameworks.
