Geographical Indications
What is a geographical indication?
A geographical indication (GI) is used to identify goods that have a specific geographical origin and possess a quality, reputation or other characteristic that is essentially due to that place of origin.
A famous example of a GI is "Champagne". The name Champagne can only be used for sparkling wine that comes from the Champagne region in France.
GIs do a similar job to trade marks in that they help to "brand" a product. They provide information to consumers about the source, quality or other characteristics of goods.
Levels of protection for GIs
There are two levels of protection for GIs:
- A general level that applies to all types of goods: GIs cannot be used in a manner that misleads the public as to the true origin of the good, or constitutes an act of unfair competition.
- The higher level of protection that applies to wine and spirits only: Producers from different regions or countries cannot use a wine or spirit GI, even in conjunction with a word such as "like" or "style", or in translation, regardless of whether their use is misleading or not.
Aotearoa-new Zealand measures relating to GIs
Fair Trading Act 1986
Section 9 of the Fair Trading Act 1986 provides that "no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive". If a GI is used in trade to create a misleading impression as to the geographical origin, quality, or some other characteristic of a product, this could be a breach of the Fair Trading Act 1986.
Passing off
The action of "passing off " (see enforcement case study on page 39) can be used in cases where the goods or services of one person are wrongly represented as being those of another person. There must be loss suffered as a result of consumers being led to believe that they were buying the one trader's goods when in fact they were buying goods from another trader.
In Aotearoa-New Zealand, French wine interests used the action of "passing off " to prevent non-French winemakers from labelling their sparkling wine "Champagne".
Trade Marks Act 2002
GIs can be protected as collective or certification trade marks (see page 19), provided they meet the criteria for registration under the Trade Marks Act.
Geographical Indications (Wine and Spirits) Registration Act 2006
The Geographical Indications (Wine and Spirits) Registration Act 2006 provides for a voluntary system of registration of Aotearoa-New Zealand and foreign GIs for wine and spirits only. The Act was passed late 2006, but is not yet in force (meaning it does not yet have legal effect). The Act will be enacted by regulation. Aotearoa-New Zealand continues to provide protection for GIs, including wine and spirit GIs, by the measures outlined above.
What kind of rights do geographical indications provide?
Unlike most other IP rights, GIs are collective rights, and are not owned by any one person. Any producer who produces goods from within the area in question, and meets the requirements in relation to the use of that GI, is entitled to use it.
Is a geographical indication the same as a place name?
A GI is more than simply a name of a place. To qualify as a GI, the term used to identify where goods are from must have acquired or developed a quality, reputation or other characteristic due to the place of origin. This tells people that goods with a particular GI are a product of a certain region, for example, and they can expect those goods to be of a particular standard, quality or reputation.
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