Current Development of Geographical

Indications (GIs) in Asia

26 May 2015

Khon Kaen. Thailand

GI, an intellectual property right

• The GI is a specific, distinctive intellectual property right – Copyright and related rights.

– Trade marks.

– Industrial designs.

– Geographical Indications.

– Patents.

– Plant Varieties

– Trade Secret, etc.

• It is an intellectual property right recognised in over 150 countries (WTO TRIPS Agreement) – Once protected in its country of origin a GI can request

protection in other member countries

• It is a collective right of use.

GI: Relations between the product, the

producers and the production area

Product with a specific name

and reputation

(The consumers make a direct

connection between the origin of the

product and its quality)

PRODUCERS' KNOW-HOW

(GI product are generally

traditional product, with a

connection to the local

wisdom and heritage).

PRODUCTION AREA

(Due to natural conditions,

the product is different from

the ones produced in

different regions)

A GI, why ?

Added value

gained by the

product,

economical

consequences on

the all supply and

marketing chain

Protection of the

geographical name

and products

specifications, with

better control

control, traceability

and consumer

protection

Interest for producers,

traders, rural development

sustainability and

environmental aspects,

biodiversity

1/ To protect the producers’ interest

+

2/ To protect the consumers’ interest

Five Pillars for a Geographical Indication

Application

A GI

« SPECIFICATIONS »

describe the goods

and the production

methods. The GI name

shall be used only for

goods produced in

compliance with the

specifications

A « GI ORGANIZATION »

generally an inter-professional

organization which brings

together producers, operators

and traders of the product A DELIMITATION

of the production area.

The GI name shall be

used only by

producers and

operators within the

delimated area

A CONTROL and TRACEABILITY SYSTEM

which guarantee that all the products sold

under the GI name have been produced within

the delimited area and according to the

« Specifications »

A PROVEN LINK

between the specificity

of the good and its

origin, based on natural,

geographical, historical

or human factors.

GEOGRAPHICAL

INDICATION

PRODUCT

5 Source: Department of Intellectual Property (DIP), Ministry

of Commerce of Cambodia

The UN FAO, through its initiative on Quality & Origin has

developed tools and training materials to identify potential GI

http://www.fao.org/food-quality-origin/en/

the Quality&Origin Identification Web Tool

7

The experience of South East Asia

GI sui generis protection

Setting up the system first challenges

• Dedicated Legislation.

GI legal framework GI Legislations (all covering GI protection for handicrafts) :

• Malaysia: Geographical Indications Act 2000 (Act 602) and Geographical Indications Regulations 2001

• Indonesia: Chapter VII of the Law on Marks (Law n15/2001 on Marks) and Government Regulation No. 51/2007 regarding Geographical Indications signed by the President on 4 September 2007

• Thailand: Act on Protection of Geographical Indication in 2003(B.E.2546)

• Vietnam: the Intellectual Property Law No. 50/2005/QH11 enacted in nov.2005 and entered into force since 1 July 2006 replacing protection given by various texts

• Lao PDR : The Law on Intellectual Property 2012, Ministerial Decision on the Implementation of the Law on IP concerning Geographical Indications , Sept 2012

• Cambodia: Law on Geographical Indications, January 2014 -preparing guidelines and application forms as well as regulation on controls:

Setting up the system first challenges

• Dedicated Legislation.

• Commitment on the part of supply-chain (producers, processors, traders, etc.) as well as local authorities.

• Joint definition of mandatory specifications

• GIs approved by the authorities and independently controlled (third party) .

Examples of Asian GI

• Indonesia (26): Arabica coffee Kintamani Bali, Jepara Carving Furniture, White

pepper Muntok, MPKG Gayo Arabica coffee, Tobacco Mole Sumedang, Horse milk

Sumbawa, Kale Lombok, Sumbawa honey, Adan rice Krayan, Arabica coffee

Flores, Bajawa Flores, Dieng Purwaceng, Carica Dieng, Kep vanilla. Alor, Arabica

coffee Kalosi Enrekang, Ubi Cilembu Sumedang ,Patchouli oil Aceh, Arabica

Coffee Java Preanger , Arabica Coffee Java Ijen-Raung Ijen-roar, etc.

• Malaysia (35): Sarawak Pepper; Sabah Tea; Borneo Virgin Coconut Oil; Tenom

Coffee; Sabah Seaweed, Bario Rice, Limau Bali Sungai Gedung, etc.

• Vietnam (41) : Phu Quoc (fish sauce); Coffee Buon Me Thuot, Pomelo Doan Hung, Hoi Lang Son, fish sauce Phan Thiet, Orange Vinh, Tea Tan Cuong, Tea Shan Tuyet Moc Chau, Rice Hong Dan, Litchi Luc Ngan, Dragon fruit Binh Thuan,

Rice Tam Xoan Hai Hau, Litchi Thanh Ha,etc.

• Cambodia (2) : Kampot Pepper; Kampong Speu Palm Sugar.

GI: a concept in rapid expansion in Asia

12

GI: a concept in rapid

expansion in Asia

Khao Hom Mali Surin (Rice)

Sangyod Maung Phatthalung Rice

Khao Hom Mali Thung Kula

Rong Hai (Rice)

Khao Jek Chuey

Sao Hai (Rice)

Khao Leuang Patew

Chumphon (Rice)

Trang Roast Pork Surat Thani Oyster

Thai GIs (64)

Chainat Khaotangkwa

Pomelo

Phurua Plateau

Wine

Nakonchaisri Pomelo

Kafae Doi Chaang

(coffee)

Kafae Doi Tung

(coffee)

Sriracha Pineapple

Phetchabun Sweet

Tamarind

NangLae Pineapple

Chiangrai Phulae

Pineapple

Phuket Pineapple

Lamphun Brocade Thai Silk

Mae Jaem Teen Jok Fabric

Chiang mai Celadon (Pottery)

Praewa Kalasin Thai Silk

Chonnabot Mudmee Thai Silk

Ban Chiang Pottery Yok Mlabri Nan 14

13 Handicrafts

GI for handicraft in India (144/215) :

Kashmir Pashmina; Blue Pottery of Jaipur; Aranmula

Kannadi, Pochampalli Ikat, Salem Fabric, Kangra

Paintings, Thewa Art Work, Saharanpur Wood Craft,

Firozabad Glass, Muga Silk of Assam, Agra

Durrie,Toda Embroidery, Mangalagiri Sarees and

Fabrics, Bomkai Saree & Fabrics, Khatamband,

Kashmir Walnut Wood Carving, Villianur Terracotta

Works, Phulkari, Andhra Pradesh Leather Puppetry,

Agates of Cambay, Arani Silk, etc.

http://ipindia.nic.in/girindia/

Potential GIs

• Lao PDR: Boloven Coffee, Paksong and Phongsaly tea, Xiengkhouang and-Houaphan sticky rice, Luang Namtha Sesames oil, Silk from Pak Eum, Silk from Luang Prabang, etc.

• Myanmar: Thanakha, Silk from Lotus Inlay Lake, Myanmar Teak, Tea, stones, etc.

• Philippines: T’nalak Tau S’bu” (or Lake Sebu T’nalak) ; Davao Pummelo; Bicol Pili Nut ; Guimaras Mangoes; Aklan Pina cloth ; Bonoan/Dagupan Bangus, Amadeo Coffee, etc.

GI: a concept in rapid expansion in Asia

Economical Benefits

Kafae Doi Chaang (Thailand)

• Coffee Cherry Price

15 baht/kg 28-32 baht/kg

Doi Chaang Start Now

• Green Bean Price

12 USD/kg 65 USD/kg

Source: Department of Intellectual Property, Ministry of

Commerce of Thailand, 2013

GI Chiang Rai Phulae Pineapple

Source: Department of Intellectual Property, Ministry of

Commerce of Thailand,

Price Comparison

year 2004 (before GI

registration) now

Price at Farm

8 baht/kg 23 baht/kg

Retail Price

35 baht/kg 100baht/kg at

retailers

Economical Benefits

Kampot Pepper (Cambodia)

- Kampot pepper GI registered on April 02, 2010

- Increase of production area

- Increase of price: 2009-2013

- From US$ 4/Kg to US$11/Kg for the black

- From US$ 6/Kg to US$ 15/Kg for the red

- From US$ 8/Kg to US$ 18/Kg for the white

19 6/15/2015

The research paper commissioned by Department of Sericulture of the Thai

Ministry of Agriculture, studied the impact of GI protection of Lamphun

Brocade Thai silk on socio-economic aspects to Lamphun brocade Thai silk’ s

producers, silk enterprises and community

----Farmers/producers under GI earned an average income of 116621 THB,

non-GI producers 58.882 THB

---Production costs of different types of silk fabrics between GI and non GI

showed non significant differences

---Social effect: GI concept strongly affects communities , in particular

regarding their participation in the community, family relationship,

conservation of local wisdom and proudness

Source : Queen Sirikit Department of Sericulture of Thailand

Impact of the GI Protection on Socio-

Economic Aspects

Ex: Thai GI “Lamphum Brocade Thai Silk” ’s Producers, Silk

Enterprises and Community In Thailand

•

For the GI Regions or

GI related localities

• Organisation of

social events inspired

by the GI

•Development of

services (hotels,

restaurants, guides,

etc.)

•Direct and indirect

benefits linked to the GI

for the development of

the localities or region

as well as for localities’

national and

international reputation

GI : a strategy for the promotion of tourism

Tourists visits in the

production sites

Consumption or

purchases on site as

well as free marketing

of products for export

through tourists

GI: A part of the region/country’s

prestige Ex: Champagne is a symbole of France

Creation of National labels for GI

Ex: Thailand

The promotion of national products

Ex: Cambodia

Indonesian

National GI label

On 26 February 2015 , Indonesia created the “ INDONESIAN

GEOGRAPHICAL INDICATION ASSOCIATION” regrouping 27 Indonesian

GI products associations

Geographical Indication Control System of Thailand

Scheme Owner =

Competent Authority (CA)

Department of Intellectual Property (DIP)

DUTY : 1. Validation of Specifications and Inspection method (control manual) 2. Approve & Supervise CB

GI

Board

External Control

By Control Body / Certification Body (CB)

DUTY : to perform GI control on behalf of the CA - on producers to verify compliance with specifications laid down + check the running of autocontrols - on the group to check the running of the internal controls. Internal Control

( GI Committee at Provincial Level ) DUTY : to check the running of auto control on the producers processors farmers industries.

Self Control / Autocontrol (Producers Processors / Farmers Industries)

DUTY : to control their product according to specification (manual) which can be modified by group members

Accreditation Body (AB)

Thai Industrial Standards Institute (TISI)

National Bureau of Agricultural Commodity and Food Standard

(ACFS)

DUTY : Accredits CB According to : -ISO Guide 17065 and -Specific requirements define by DIP

Consumer

Exporter

Retailer

Distributor

accreditation approval

Lamphun Brocade Thai silk

First Thai GI “Khao Hom Mali Thung

Kula Rong-Hai” registration in the

EU on 12/02/2013

International registration

• Pending Thai GI applications at the European Union :

Kafae Doi Chaang (Coffee) ---- published

Kafae Doi Tung (Coffee) ---- published

Khao Sungyod Muang Phattalung (Rice)

- Pending Cambodian GI application at the European Union:

•Kampot Pepper (filed in 2014)

•Kampong Speu Palm Sugar application to be files in 2015

International registration

29

Intra – ASEAN registrations

– GI ‘’Thai - Isan Indigenous Silk Yarn”, registered on 18

September 2014 in Vietnam

– Vietnamese GI “BUON MA THUOT COFFEE» registered on 18

September 2014 in Thailand

– Vietnamese GIs « Hai Hau Rice », « Shan Tuyet Moc Chau

Tea » and « Van Yen cinnamon » applications in Thailand

– Cambodian GIs “Kampot Pepper” and “Kampong Speu Palm

Sugar” applications in Vietnam and Thailand

– Thailand GI “Lamphun Brocade Thai silk” applications in

Indonesia and India

THAI FEX 22 May 2014

Promotion Local Market

Promotion in the Department Stores, local market, events and Exhibitions

Pictures: Department of Intellectual Property, Ministry of Commerce of

Thailand

Overseas Exhibitions; France, Japan, Vietnam, Hong Kong etc.

GI Twinning project: Champagne + Lamphun Brocade Thai Silk

Promotion International Market

Pictures: Department of Intellectual Property, Ministry of

Commerce of Thailand

FAO/AFD

Project on the Promotion of Rural Development

through the Development of Geographical

Indications in Asia

The Project

• Funded by the Agence Francaise du Development (AFD) / French Development Agency

• Overall Objective:

“To increase incomes of smallholder farmers through the development of GI value chains, improved market access and increased recognition of GI by consumers”

The development goal looks at ensuring environmental sustainability by contributing to develop sustainable approach into policies and strategies related to voluntary standards

Project – Outputs

• Output 1: Development of a regional GI operational network for dialogue, mutual exchange and regional recognition of GIs, including public and private stakeholders from various sectors involved

• Output 2: Strengthened national institutions responsible for GI development, protection and promotion, and effective public-private collaborations

• Output 3: Commercial, promotional and communication initiatives

• Output 4: Strengthened value chains and GI organizations capable of setting up and managing their GI products

• Output 5: Enhanced national and regional project coordination including with other Development Partners

Asian

GI Ambassadors

initiative

More countries join GI protection and

promotion this year

JAPAN

Establishment of Japan’s Geographical Indication (GI)

Protection System

• The Act for Protection of Names of Designated Agricultural and

Fishery Products and Foodstuffs enacted in June 2014 and comes

into force in June 2015

• As it is the case for the other countries, GI development in Japan

should allow:

– Better consumers’ identification of quality of regional-branded products

– Facilitate the fight against illicit use Japanese names by the authorities

– Lead to regional brand protection and utilization leading to revitalization of rural

villages and communities

– Allow for better consumer protection

For more information:

Stéphane PASSERI

Project Coordinator

FAO/AFD Project on the Promotion of Rural Development

through Development of Geographical Indications at

Regional Level in Asia

FOOD AND AGRICULTURE ORGANIZATION OF THE

UNITED NATIONS

Regional Office for Asia and the Pacific (RAP)

Office C-2A, Maliwan Mansion

39 Phra Atit Road

Bangkok 10200

Thailand

Tel: +66 2 697 4162

Fax: + 66 2 697 4415

Mobile : + 66 8 18117839

E-mail:stephane.passeri@fao.org

Thank you