Geographical Indications policyand system under Decision 486
of Andean Community

Carlos A. ParraGI under Decision
486 (the Law)
How are protected GIin the AndeanCommunity?
The GI Dilemma in
LA: PISCO
Some relevant issues
still under discussion

AgendaAGENDAGI under Decision 486(The Law)

APELLATION OF ORIGIN as a GI in D. 486

Decision 486 Article 201. – “An appellation of origin shallbe understood to be a geographical indication consisting ofthe name of a particular country, region, or locality, or of aname which, without being that of a particular country,region, or locality, refers to a specific geographical area,
which name is used to identify a product originating
therein, the qualities, reputation, or characteristics ofwhich are exclusively or essentially attributable to thegeographical environment in which it is produced,
including both natural and human factors.”
1 de 1APELLATION OF ORIGIN as a GI in D. 486

Decision 486 Article 203. –“The declaration of protection of an appellation of origin
shall be made ex officio or at the request of persons whoare able to prove a legitimate interest, such being naturalpersons or legal entities directly engaged in the extraction,production, or processing of the product or products to becovered by the geographical indication, as well asassociations of producers.”

INDICATION OF ORIGIN as a GI in D. 486

Decision 486. Article 221. –“An indication of origin shall be understood tobe a name, expression, image, or sign thatindicates or evokes a particular country, region,locality, or place.”INDICATION OF ORIGIN as a kind of GI in D. 486

Decision 486 Article 222. –“An indication of origin may not be used in the course oftrade for a good or service where that indication is false ormisleading or where its use is likely to cause confusion in
the public as to the origin, source, quality, or any othercharacteristic of the good or service in question.”

INDICATION OF ORIGIN as a GI in D. 486

Decision 486. Article 223. –“Persons may state their names and domiciles on thegoods they market, even if those products come fromanother country, provided that the country or place where
those goods are manufactured or produced is specificallyand clearly stated also, together with any other indications
that may be needed to avoid mistaking their true origin.”

How are protected GI´s inthe Andean Community

GI under D. 486

APELLATIONof ORIGINGI
INDICATIONof ORIGINIPR
EXCLUSIVE
TITLENO IPRGI under D. 486
In Colombia, Peru, Ecuador and Bolivia “Geographical Indications” are ageneral category of IP embracing two subcategories:
1. Appellation of Origin (AO), and
2. Indications of Source (IS).
AO confers an specific IPR that must be declared and granted by Patent andTrademark Office, requested by an interested parties or ex-officio bygovernment authority for certain period of time.
IS do not confer proper exclusive rights and are instead conceived as mere
indications of the geographical origin of the goods, subject to the generalobligation not to convey misleading information to consumers.

PURPOSE OF PROTECTION OF GI
GI´s is a collective IPR rather than individual or corporative IPR

They do not require novelty or lack of previous disclosure or secrecy in order to beprotected
Require tradition, well-known and traditional knowledge of a region or country
applied to a specific product and its quality and distinctive characteristics
GIs one of the most suitable IP rights for agricultural-food and craftsmanship SMEs.
Examples:
TEQUILA (MX)MEZCAL (MX)PISCO (PE and CL)
CAFÉ DE COLOMBIA (CO)CLAVEL DE COLOMBIA (Carnation from CO)
CACAO ARRIBA (Cocoa in EC)
MONTECRISTI (Hats EC)
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Examples of GI in Andean Community and LA

Examples of GI in Andean Community and LA
Carnations

1 de 1PERUVIAN PISCOCHILEAN PISCO

1 de 1Montecristi Hat

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GI Declaration and Registration as IPR
PTO in both declare the existence of a GI and register the right. The basic
steps for registering a GI are:1) Identify the specificity of the product, which may derive from its quality,
one of its characteristics or its reputation.
2) Define the place, territory or region within which the product presents
the specificity.
3) Identify the specific conditions of the geographical environment existingin the defined place, territory or region and check that the singularity of theproduct is essentially or exclusively due to those conditions.
4) Define and describe in detail the product and its method of production.
5) Register the GI and enjoy the protection granted in the territory forwhich it has been registered.

INTERNATIONAL GI PROTECTION IN LA
1. TRIPS Section 3 part II, articles 22, 23 and 24
2. Lisbon System: Applicant may obtain protection in several countries (provided
those countries have signed the relevant international agreement) by means ofa single application filed with the International Bureau.
3. Only few countries in LA signed the Lisbon Agreement. In Latin America only
Cuba, Costa Rica, Nicaragua, Mexico and Peru are members of the Lisbon
System
4. Bilateral agreements concluded between the EU and certain Latin Americancountries establish mutual recognition of existing GIs in each contracting party.
5. Particularly relevant because of the impact of protection in LA for GI, the EU has
concluded agreements for mutual recognition of agricultural GIs with Chile,
Colombia, Peru, Mexico, Costa Rica, El Salvador, Guatemala and Honduras.

GI SUMMARY IN THE ANDEAN COMMUNITY COUNTRIESANDEAN COUNTRYPERU

NATIONAL
AUTHORITY
Instituto Nacional deDefensa de la

REQUIREMENTS

COST

Certification ofcompliance with thePeruvian Technical

USD 125

Where the applicant isan association ofUSD 200

Competencia y de laProteccion de la Propiedad Standards, whereIntelectual (INDECOPI)
applicable

COLOMBIA

SIC

producers, disclosure of
the total number ofproducers, manufacturers
or extractors within thegeographical area

ECUADORSENADI (former IEPI)

None

USD 0

THE GI DILEMMA IN LA:PISCOIS IT A GI FROM PERU OR
FROM CHILE?

PERUVIAN PISCOCHILEAN PISCO

1 de 1PISCO: THE DILEMMA
India granted to Peru a GI over Pisco despite of Chile objections(2009)EU recognizes Chilean Pisco and Peruvian Pisco as GI. However,the protection granted to "Pisco" as a GI to Peru does not hinder
the use of that name for products originating in Chile.
Malasia recognizes Pisco as a GI from Peru as well as Costa Rica
Chile and Nicaragua recognizes Pisco as a GI from Chile.
As of May 16, 2013, the TTB (Trade and Tax Bureau) of the UnitedStates recognized “Pisco Perú” as a distinctive product of Peru,
and “Pisco Chileno” as a distinctive product of Chile.
1 de 1PISCO: A GI FROM CL or PE?
Peruvian Pisco:• Pisco may be produced in the Peruvian departments of Lima, Ica, Arequipa, andMoquegua, as well as the valleys of Locumba, Sama, and Caplina in the Department ofTacna.
• There are eight grape varieties authorized for use: The aromatic varieties are Italia,
Moscatel, Albilla and Torontél, and the non-aromatic varieties include Quebranta,
Negra Criolla, and Mollar.
• Peruvian Pisco is produced via pot still distillation.
• It must be bottled at the same level of alcohol as when it was produced. Thus,additives of any kind – including water and neutral spirits – are prohibited, so thedistillation must be precise. The alcohol percentage must be between 38 and 48
percent.
Peruvian Pisco is not aged in wood. It is required to be aged for a minimum of threemonths in vessels made of copper, glass, stainless steel, clay, or other inert material

PISCO: A GI FROM CL or PE?
Chilean Pisco:• It is produced in the Atacama and Coquimbo regions, two official A.O. (Apellation ofOrigin) wine-producing regions established in 1931. The Elqui Valley subregion ofCoquimbo has emerged as the premier Pisco zone.
• The main grapes used for making Chilean Pisco include Pink Muscat, Muscat ofAlexandria, Pedro Jiménez, and Torontél.
• Chilean Pisco is generally double-distilled via pot stills to a maximum strength of 73%
alcohol by volume and the minimum alcohol by volume is 40%.
• All Chilean Pisco must rest for a minimum of 60 days before bottling.
• It is sometimes diluted with water, or cut with neutral spirits to alter the final alcohol
content by volume.

Cases and relevant issues
under discussion

Main obstacles for obtaining registration of a GI in LA

Pre-existence of registered Trademarks: Trademarks
consisting of or containing the expression protected by
the GI (in the country or territory of origin) may havebeen registered and/or used in connection with the same
goods in third countries.
IP Law in some countries in Latin America grants priority
to those earlier trademarks, unless it is proved thatearlier trademarks are deceptive or were applied in badfaith.

Main obstacles for obtaining registration of a GI in LA
Generic nature of the GI: Geographical expressions that are protected insome country as GI (e.g. European Union) may be considered genericnames in some other countries (i.e. names that identify a certain type ofagricultural product). Thus, registration as a GI may be refused.
In some cases, the name concerned is not only commonly used as ageneric name in a third country but also governed by common foodstuffs
legislation. This is the case of the Argentinian Food Code which assigns ageneric nature to several GIs protected in the European Union, e.g.:“Queso Parmesano” (Parmesan cheese).
Colombia: many European GIs for cheese were considered generic until
both parties (the EU, on the one hand, and Colombia plus Peru, on theother) signed a Trade Agreement on 26 June 2012, providing for mutual
recognition and protection in each territory of the other party’s GIs.

GI under the FTA Agreements with EU and USA
FTA of EC, PE and CO with USA:

1.
2.
3.
4.

Not recognition of the GI, as such (USA does not accept the GI)
GI transformed into a Certification Trademark in the US.
Law applicable for GI in the Andean Countries in the US: trademark law.
US TM Law ignore the advantages of a GI.

FTA of EC, PE and CO with EU:

1. GI is recognized for Parties in the FTA and Geographical Indication of Origin (as per TRIPSdefinition)
2. Fast track declaration and recognition of EU´s and Andean Countries´GI in each territory
3. Economic advantage in the use and defense of the GI in each territory. E.g. Parmessan
Cheese vs Queso Paipa (Paipa Cheese).