When Old Acquaintances Should be Forgot: New Perspectives on Geographical Indications.

Author: Marsha S. Cadogan

The new year is almost here. Contrary to the popular Auld Lang Syne tune, there really are some situations when an old acquaintance should be forgot. How should Geographical Indications (GIs) be positioned in 2020 and beyond so as to remain or become worthwhile IP in your economy? It takes forgetting the old, shaping the new, and taking the new route.

Here are a few ways  to do so (for more, please contact us):

• Is your jurisdiction’s engagement with GIs limited by how it is defined in the statutes? Start thinking of GIs outside the box, as did Serbia, which is now the only country in the world to use GI designations to register a service (health tourism). True: GIs can be foods, wines and spirits. And: GIs can also be associated with seafood, clothing, home decor, jewelry, and now, services (Serbia). In the fast pace age of innovation, place-based goods will need to resonate strongly with global consumers by using creativity and strategy to make and sustain the GI product difference.

• Re-define your consumer market. Diversification of GI portfolio is relevant in the mid-twenty first century. This involves creating new markets and revenue streams by producing other products (or service) from the original GI product. The place-base connection should not end with one product flowing from the GI designation. For example, cocoa designated as GI may be tapped for chocolates, bath products, and even bio-fuel. The greater the workable connections, the more likely can the GI product expand the rightsholders IP portfolio to include trademarks, copyright, industrial design or even patents on more complex by-products.

• The Right Product and the Right Partnerships: Re-evaluate the mandate, vision and performance of your producer group. Are all relevant stakeholders actively involved in your producer group? Are voices that can make a difference between a sub-standard GI product and one that highly valued by consumers being silenced? This may call for a revisit of the producer group’s membership criteria. Is the GI product only loosely connected with where it is made? Re-conceptualize your product through the eyes of your strongest critique – today’s global consumers. Ensure that what you say your product is – that quality, reputation or characteristics which is strongly connected with where the product is grown or produced – is in fact clearly and fully evident in the product (its taste or look, or benefits). You will need the right partnerships to remain a viable GI business. Internal networks are insufficient. Collaborate broadly, but still within the mandates and structure of your foundational objectives.