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Better GI protection within the WTO
framework
Stefano Fanti – Managing DirectorConsorzio del Prosciutto di Parma
Geneva, 27 May 2004
Parma Ham in Figures
• 200 producers, with 3.000 employees• 150 slaughter houses • 5.500 breeding farms• Annual production: +/- 9 million hams• 80% sold on the Italian market• Exported to more than 60
countries• Annual turnover: 1.5 billion €
High Costs due to the limited GI Protection
• Numerous abuses of the Parma Ham name
• High costs for producers– Legal costs: more than 1 million Euros
per year– Image and Reputation towards
consumers undermined– Loss of many market opportunities
• High costs for consumers: mislead on the quality and origin of the product
Misleading label and Abuse of the designation “Parma Ham” in Canada
Parma = Italy
Italian authentic!
Italian flag
It must be Italian!
Protecting a Geographical Indication: Mission almost
Impossible!• Absence of sui generis GI system in
many countries
• Registration via trademark systems refused: generic and/or descriptive name
• Limited interest in trademark registration if product not allowed in the country
• Name already registered as trademark = one is forced to purchase a registered trademark
Article 22 Protection Not Sufficient
• Article 22 TRIPS mainly protects against consumer deception– Extremely difficult to prove consumer
deception– Burden of proof on the holder of a GI– Legal uncertainty: up to courts to decide
• Article 22 does not prevent:– GIs from becoming generic– Abuse of GI name by trademark
• Consumers not protected against deception
Better protection of GIs required
• Article 23 Protection for all GI products– No discrimination between GI products– Legal means to prevent:
• Use of GI name even when true origin indicated• Use of GI name in translation• Use of GI name with expressions such as « like », « kind »,
« style »• Registration of trademark than contains a GI name
• Need a legally binding multilateral register open to all geographical indications
Thank you for your attention