Sui Generis or Independent Geographical Indications Protection

Abstract

Contemporary newspaper headlines are a constant reminder that a sense of place matters. This sensibility applies to traditional regional foodstuffs, beverages and crafts as well. Provenance matters, since our consumption choices in the aggregate have socioeconomic consequences. Our purchases have an impact on regional economic development, ecological sustainability, global transport systems and the relationship between urban and rural areas. 1 Geographical indications (GI) regimes facilitate the signalling of this provenance. As a form of intellectual property (IP), they protect the collectively generated brand value associated with designations for traditional regional products. Prominent examples include “Scotch” for whisky, “Champagne” for sparkling wines, “Darjeeling” for tea and “Parmigiano Reggiano” for cheese. According to the World Intellectual Property Organization (WIPO), in “certain jurisdictions, GIs may be protected through a system that applies specifically and exclusively to them – a sui generis system of protection. Such systems establish a specific right, a sui generis right, over GIs, separate from a trademark right or any other IP right.”

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