¿WHAT IS A GEOGRAPHICAL INDICATION?
A GEOGRAPHICAL INDICATION is a sign composed of the name of a region, of a specific place or, in exceptional cases, of a country, which serves to designate an agricultural product or foodstuff originating in that region and whose quality or characteristics are essentially or exclusively due to the geographical environment.
Geographical indications can be used for agricultural products, foodstuffs, wines and spirits, handicrafts and industrial products.
AN APPELLATION OF ORIGIN is a stricter form than a GEOGRAPHICAL INDICATION?
WHAT IS THE DIFFERENCE BETWEEN AN APPELLATION OF ORIGIN (A.O.) AND A GEOGRAPHICAL INDICATION (G.I)?
You may ask yourself what is the difference between an A.O. and a G.I
Basically, while in a Protected A.O. the production, processing and preparation must be carried out in the SAME geographical area and this would include the raw materials used, in a Protected G.I. product it is not compulsory for all these stages to be carried out in the same geographical area or for the raw material to come from that area as well.
Let’s think, for example, about the method of elaboration of the chorizo from La Rioja, which is protected by a PGI “CHORIZO RIOJANO”. However, its regulatory regulations do not consider it an essential requirement that the chorizo used comes from La Rioja.
The management of one or more PAOs or PGIs is carried out by management bodies called Regulatory Councils (Consejo Regulador). These Councils are responsible for overseeing, controlling and guaranteeing the origin, quality and characteristics of the products assigned to that particular PAO or PGI.
IN SPAIN there are about 15 varieties of fruit that have been recognized with a PAO or an PGI?
SPANISH FRUITS WITH A PROTECTED APPELLATION OF ORIGIN
Avellanas de Reus
Cerezas del Jerte
Chirimoya de la Costa Tropical de Granada-Málaga
Kaki Ribera del Xuquer
Manzana Reineta del Bierzo
Melocotón de Calanda
Nísperos Callosa d’En Sarriá
Pasas de Málaga
Pera de Jumilla
Pera de Lleida
Peras de Rincón de Soto
Uva de mesa embolsada de Vinalopó
SPANISH FRUITS WITH PROTECTED GEOGRAPHICAL INDICATION
Almendras de Mallorca
Castaña de Galicia
Cerezas de la Montaña de Alicante
Cítricos Valencianos
Clementinas de las Tierras del Ebro
Manzana de Girona
Melón de la Mancha
Melón de Torre Pacheco-Murcia
Plátano de Canarias
The European Union, and therefore Spain, protects Geographical Indications (PGI) and Appellation of Origin (PAO) as industrial property rights and as such they receive special protection:
If your product is covered by a Protected Geographical Indication, this means that you can prevent its use by a third party in products that do not meet the requirements, standards and codes of practice established for that particular Geographical Indication.
This protection extends to the production and all stages of marketing, product presentation, advertising, labeling and commercial documents of the products concerned.
You may therefore prohibit third parties from using in their advertising that PGI combined with expressions such as “type” or “style” or “imitation”, “produced in” or “from” another PGI or PAO. There will be infringement of the protection even if the true geographical origin of the product is indicated.
A PAO or PGI name cannot be used as an internet domain name if the holder has no rights or legitimate interests in the name.
Furthermore, names that are the subject of a PAO or PGI cannot be registered as trademarks, trade names or company names.
SERVICES
Advice on obtaining and registering new Geographical Indications and Appellations of Origin
Protection and registration of Collective and Certification Trademarks
Drafting of Regulations for the use of Collective and Certification Trademarks
Defense and filing of oppositions against infringing signs