Geographical indications (GIs), such as Champagne, Cognac, and Parmigiano Reggiano, are designations used to identify products whose characteristics, reputation, or quality are fundamentally linked to their geographical origin. In Canada, foreign GIs can be protected (or “registered”) under the Trademarks Act, by filing an application, referred to as a “request for protection”.
This article is the first in a series on geographical indications. In this article, we outline the key considerations for foreign authorities and producers when seeking GI protection in Canada.
1. Is the GI protected in its country of origin?
First, the GI must already be protected in the country where it originates, and such country must be a member of the World Trade Organization. The request for GI protection must indicate:
- the particular law(s) under which the GI is protected in the country where it originates and include a copy of said law(s), translated into English or French; and
- the date upon which the indication was officially recognized and protected as a GI in the country where it originates.
2. Does the product fall within a protected category?
Canada only provides GI protection for goods that fall into specific categories: wines, spirits, agricultural products and food. So, a foreign GI for goods like cheese, cured meat, olive oil or vinegar may be eligible for protection in Canada, but a GI for textiles, handicrafts, or other industrial goods would not qualify, although they may be protected through alternative means, such as certification marks.
3. Who is the responsible authority?
Second, only a responsible authority can request protection of a foreign GI in Canada. A responsible authority is a person, firm or other entity that is by reason of state or commercial interest, sufficiently connected with and knowledgeable of the wine, spirit, agricultural product or food associated with the GI. The responsible authority is responsible for providing the required information in the request and responding to any questions or correspondence from the Canadian Intellectual Property Office.
In most cases, the responsible authority will be a national or regional government, a regulatory authority in the region concerned, or an association of producers in the region concerned.
4. Is the territory clearly defined?
The GI must be linked to a specific geographical region or locality in the country where it originates. This region must be clearly defined, for example, in the form of a list of cities or municipalities, or by designating the name of a specific region or country.
5. Is there a demonstrable link between the product and its geographical origin?
Canada requires evidence that the product’s characteristics, reputation, or quality are essentially attributable to its geographical origin. Supporting information, such as historical use, production methods, and environmental conditions, can help establish this link.
It should be noted that a GI may also be “registered” in Canada through international treaties. For instance, several European GIs designating agricultural and food products (e.g., PIMENT D’ESPELETTE, LENTILLE VERTE DU PUY or ROQUEFORT) have been automatically added to the Canadian list of protected geographical indications via the Comprehensive Economic and Trade Agreement (CETA).
In the next articles in this series, we will explore the potential legal benefits of protecting a GI, as well as related strategies for enforcement.
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