About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (July 21, 2016)

handle is hein.crs/govccuq0001 and id is 1 raw text is: FF. ' ri - S .r :- &i Updated July 21, 2016 Geographical Indications (GIs) in U.S. Agricultural Trade Geographical indications (GIs) are place names used to identify products that come from these places and to protect the quality and reputation of a distinctive product originating in a certain region. The term is most often applied to wines, spirits, and agricultural products. Some food producers benefit from the use of GIs by giving certain foods recognition for their distinctiveness, differentiating them from other foods in the marketplace. In this manner, GIs can be commercially valuable. GIs may be eligible for relief from acts of infringement or unfair competition. GIs may also protect consumers from deceptive or misleading labels. Examples of registered or established GIs include Parmigiano Reggiano cheese from the Parma region of Italy, Roquefort cheese, Champagne from the region of the same name in France, Irish Whiskey, Darjeeling tea, Florida oranges, Idaho potatoes, Vidalia onions, Washington State apples, and Napa Valley Wines. The use of GIs has become a contentious international trade issue, particularly for U.S. wine, cheese, and sausage makers involving trade between the United States and the European Union (EU). GIs are among the agricultural issues that have been raised in the ongoing Transatlantic Trade and Investment Partnership (T-TIP) negotiation, a potential free trade agreement that the United States and the EU are negotiating. GIs were also addressed in the Trans- Pacific Partnership, a proposed free trade agreement between the United States and many Asia-Pacific countries. GIs are an example of intellectual property rights (IPR), along with other types of intellectual property such as patents, copyrights, trademarks, and trade secrets. The U.S. Trade Representative's 2016 Special 301 Report on the status of global IPR protection and enforcement outlines U.S. concerns related to the treatment of GIs in the U.S.-EU trade negotiations and other initiatives with Canada, China, Costa Rica, El Salvador, Japan, Morocco, and others. Some U.S. food manufacturers have long expressed their concerns about EU protections for GIs, which they claim are being misused to create market and trade barriers. Some view the use of common or traditional names as generic terms and the EU's protection of its registered GIs as a way to monopolize the use of certain wine and food terms and as a form of trade protectionism. Specifically, they worry that the EU is using GIs to impose restrictions on the use of common names for some foods such as parmesan, feta, and provolone cheeses and certain wines and limit U.S. food companies from marketing these foods. Complicating this issue further are GI protections afforded to registered products in third country markets. This has become a concern for U.S. exporters following a series of recently concluded trade agreements between the EU and countries that are also major U.S. trading partners. Many U.S. food producers are members of the Consortium for Common Food Names, which aims to protect the right to use common food names and legitimate food-related GIs. Some U.S. agricultural industry groups, however, are trying to create a system similar to the EU GI system for U.S. agricultural producers. Specifically, the American Origin Products Association is seeking to protect American Origin Products (AOPs) in the marketplace from fraud and deceptive labeling, increase the value-added for all AOPs as a distinct food category, and create a national system to recognize AOPs through certification, among other goals. This divide is particularly evident in the U.S. wine industry, which had largely considered some related bilateral trade concerns to have been addressed following bilateral negotiations in the 2006 U.S.-EU Agreement on Trade in Wine. Among the key provisions in the agreement were measures regarding the U.S. industry's use of 16 semi- generic names of wine that originate in the EU (including Sherry, Chablis, and Chianti) as well as the use of certain traditional labeling terms (such as Chateau and Vintage). Some in the U.S. wine sector continue to argue that the EU's GI registration process lacks transparency, often results in substantial bureaucratic delays, and is perceived as discriminating against non-EU products, while others are pushing for a multilateral register for wines and spirits. Laws and regulations governing GIs differ between the United States and EU, which further complicates this issue. In the United States, GIs are generally treated as brands and trademarks, whereas the EU protects GIs through a series of established quality schemes. These approaches differ with respect to the conditions for protection or the scope of protection, but both establish rights for collective use by those who comply with defined standards. In the United States, GIs generally fall under the common law right of possession or first in time, first in right as trademarks, collective, or certification marks under the purview of the existing trademark regime administered by the U.S. Patent and Trademark Office (PTO) and protected under the U.S. Trademark Act (15 U.S.C. §1051 et seq.). The act provides for the registration of certification marks including indications of regional origin. In addition, labeling requirements for wine, malt beverages, beer, and distilled spirits are under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau at the U.S. Treasury. PTO defines GIs, consistent with the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), as indications that identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other K~:> mppm qq\ p\w gn'a', ggmm a 'S I 11LIANJILiN,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most