Geographical indications
According to the Law on Trademarks and Geographical Indications (LMGI), geographical indications are of two types:
- Appelation of origin and
- Geographical indication.
The appellation of origin is the name of a country, region or specific locality of that country, used to denote a commodity that originates there and whose qualities or properties are mainly due to the geographical environment, including natural and human factors. The definition of an appellation of origin requires the cumulative presence of human and natural factors, as well as the existence of a causal link between those factors and the qualities or properties of the product.
Certain types of products such as wines, cheeses, dairy products, meat products, beverages and the like can be registered as appellation of origin.
A geographical indication is the name of a country, region or specific locality of that country, used to denote a good originating there and having a quality, reputation or other characteristic which can be attributed to that geographical origin.
A geographical indication, unlike an appellation of origin, requires only the product to have a quality, reputation or other characteristic that can be attributed to a specific geographical origin. The requirement is for a link to exist, in the most general sense, between the qualities of the product and its geographical origin. Natural fossils and mineral waters are most often registered as geographical indications.
All producers that are from that geographical place who produce goods with the specific characteristics of the geographical indication and are registered as its users have the right to use a registered geographical indication.
There is no fixed term for the geographical indication and the protection is terminated when the connection between the product and the environment in which the product is produced is terminated.