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Geographical indications can be powerful tools to maintain the quality and reputation of regional brands—but protecting them can take patience and persistence.
At yesterday’s session CT20 The Experience Around Geographical Indications and Appellations of Origin for Champagne, Darjeeling Tea, and Colombian Coffee, panelists discussed how geographical indications (GIs) and appellations of origin (AO) can help safeguard the distinctiveness of regional products. Fernando Triana, Founding Partner at Triana, Uribe & Michelsen Ltda (Colombia), who moderated the panel, laid the foundation for the discussion by defining the value of GIs and AOs. “Geographical indications are a way to highlight specific qualities of goods specific to the geographical area in which they are produced,” he said. “The use of a GI or AO also allows consumers to identify a product’s quality based on the characteristics of the area in which it’s produced.” But these protections are not always readily available. “In many countries, AOs and GIs are not even protected,” Mr. Triana said.
Not all GIs Are Equal: The Story of Darjeeling
Darjeeling tea is grown in sloping terrains in the Lesser Himalayas at altitudes ranging from 600 to 2,000 meters above the sea level. This unique climate, combined with the soil and the rainfall, create an agro-climatic condition that has given rise to Darjeeling’s famous muscatel flavor since the tea was first planted in 1845. Darjeeling tea gardens are nearly 175 years old and the Indian Tea Board has engaged in the protection of Darjeeling as a GI around the world since 1986. Yet, in general, Latha R. Nair, Partner at K & S Partners (India), noted, “It is very challenging to be born a ‘non-wine’, ‘non-spirit’ GI in a developing country.” Both GIs and trademarks affect brands, she explained. “However, protection of GIs is so very challenging because there is no level playing field for GIs,” she said. “Unlike trademarks, the protection of which is streamlined around the world, GIs are protected in different parts of the world through different systems.” “I want to say that while all GIs are equal, some GIs are more equal than others. It is not a complaint, but a dispassionate reflection arising from my representation of all kinds of GIs,” Ms. Nair said.
Some GIs Are Too Famous: The Protection of Champagne The Champagne GI is one of the best-known in the world and, as with Darjeeling, a unique location and set of circumstances give it a distinctiveness that permits GI protection. “As you know, the protection of Champagne has an historical background. It’s grown as a sparkling wine in a very particular region of France,” said Mr. Triana.