Classification of Geographical Indications: A Proposal of Codification

Abstract

Despite the will to establish a uniform geographical indication (GI) system during the GATT negotiations in 1994 through regulation (the so-called TRIPS Agreement), the current situation retains a large degree of heterogeneity. Registration-based protection is not compulsory and members can protect GIs under different administrative or judicial regimes. However, given the move towards harmonization, an international register and a common, unique classification for GIs may be indispensable. This paper aims at classifying the different types of protection in the world, to propose a common language to simplify negotiations and promote GIs in the international arena. This classification allows for both commodity features of GIs, those making them potentially largely diffused, as well as specific features, which make them unique agro-food goods. The resulting complex code has the potential to become a reading and cataloguing tool for existing GIs. The paper thus proposes classification categories, called classificators, which associate a product with an identification code. The resulting complex code is designated the International Geographical Indication Code (IGIC) and is a flexible tool that can summarize and represent GI laws, GI interpretations, and alternative GI classifications that can coexist in a product protected by GI. Furthermore, the classification allows collecting in a single compilation all international GIs and their information.