What is a Geographical Indication, Designation of Origin and Traditional Speciality Guaranteed?
Geographical indication and designation of origin is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics.
Fruit, stone, mine of any region may be different from those in the other regions or any carpet, rug, fabric, tile etc. may have attained reputation for whatsoever is the reason. Use of the name of the region with such products may be perceived by the consumers as their distinctive features from those with similar nature. The consumers may prefer the products sold with the name of such regions in lieu of the other products due to the fact that they rely on the name of the region.
In this context, geographical indications and designations of origin are dimensioned in the manner that they are shaped, packaged, purchased and sold through the traditional knowledge and they are the signs of guarantee evidencing the quality of the product, traditional production method and geographical origin.
What is designation of origin?
“Designation of origin” indicates a name of a product, the quality or characteristics of which is essentially or exclusively due to the inherent natural and human factors of a place of which the geographical boundaries have been defined. All of the steps for production, processing and preparation should take place within the defined boundaries.
Some examples are Eskişehir Meerschaum, Çelikhan Tobacco and Aegean Cotton. Such products cannot be manufactured outside their respective regions. It is because the products acquire their characteristics only in the region they are made available.
What is geographical indication?
The product may be manufactured in any other location provided that at least one of the product characteristics to which a geographical indication is linked to the defined boundary should be originated from the said region. Some examples are, Isparta Carpets, Damal Doll and Siirt Blanket. The nature, quality, reputation and other features of such products may depend on the natural raw materials or human factors which all belong to the specified location.
What is traditional speciality guaranteed products?
The products that cannot be registered as designation of origin or geographical indication can be registered as traditional speciality guaranteed products speciality guaranteed if it can be proven that the product is on the traditional market for at least 30 years. In order to register these products as traditional speciality guaranteed products, these products should have been made by either traditional production, processing, traditional composition or traditional materials.
What is the superiority of geographical indications and designations of origin over other industrial property rights?
The superiority of geographical indications and designations of origin over other industrial property rights is that it protects not only a manufacturer who applies for the registration of geographical indication and designation of origin but also all those people manufacturing under same conditions. Because geographical indications and designations of origin have some sort of anonymity, a kind of local, regional, country wise generality, the rights provided through such signs cannot be attributed to an individual or individuals.
The rights provided through geographical indication and designation of origin are not specific to any individual or individuals; it grants common utilization rights. The genuine manufacturers enjoy the protection provided through the registration of geographical indications and designations of origin in the first priority.
Why the registration of geographical indication and designation of origin and traditional speciality guaranteed products are required?
The registration of any geographical indication and designation of origin and traditional speciality guaranteed products are made due to two reasons:
Protection of the quality of the product which is the subject of geographical indication and designation of origin and provision of the production according to the known specialty.
Provision of the benefiting from the protection of the manufacturers and the region for which geographical indication and designation of origin are granted, through registration in the first priority. The consumers may prefer such products due to their reliance on the region and the products which are sold under the name of such region. Therefore it is beneficial for the people of the region to protect the name of the region which has become the symbol of quality for any given product as a geographical indication and designation of origin. A geographical indication and designation of origin adds dynamic marketing power to the product and functions as the regional or social development tool through its anonymous possession force. It is especially an important means for rural development. One of the aims and benefits of the protection through geographical indication and designation of origin are to prevent misleading the consumers by using the wordings on geographical indications and designations of origin on false products which fail to attain the necessary characteristics. Thus it assists in the protection of the consumers.
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