A Preliminary Database of Worldwide Geographic Indications (not including wines and most spirits) We have compiled a preliminary list of potential GI products from around the world. The database focuses on products largely that are not spirits or wines, although some spirits are included. Of the 800 cases we include over 600 alone come from countries in the European Union. This reflects the types of recognition accorded these products rather than the number of potential GIs in other countries. Therefore, we include products that because of their name or association with a geographic name would provide the possibility for recognition as a GI. Given time to develop systems of such recognitions would eventually become a small part of the total, if only based on the number of people and geography compared to the rest of the world. A separate database has been created earlier for the EU countries. This report then focuses on some of the attributes for the Rest of the World (ROW). This information is available on the GIANT web site. The following fields are reported for each entry. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. An ID number Product Name (i.e., Finnish Potato) Country Product Type (i.e., Vegetable) Product Sub-Type (i.e., Tubers) Product (i.e., Potato) GI Type (PDO ort PGI) Multi-country Protections (i.e., European Union) Coded Multi-Country Protections (Sub-Country, Country, Regional, Multilateral) Global Region (i.e., Western Europe) Country Region (i.e., Idaho for Potatoes) Administering Group Existence of GIANT Case Study The main data source is official EU listings of protected GI products (622). Another source was the U.S. Patent and Trademark’s Office (US PTO) online trademark database (TESS). (See Appendix A on aspects of and remarks on the TESS system.) From TESS we looked only at Trademarks and within them we sought out “Certified Marks”. Among them we selected out those that pertained to a physical geographic locale that was part of the certification. “Other sources were multi-faceted with research conducted on a country basis. The case studies on the GIANT web site are also included. A. Distribution of GIs by country Table 1 shows country breakdowns for the unified data base. European countries that dominate the EU GI cases, dominate here as well: France (136 of 16.7 percent of EU total), Italy (127), Portugal (82), Greece (81), Spain (75), and Germany (63). Table1: Distribution of GIs by country Country Angola Argentina Australia Austria Belgium Benin Botswana Brazil Bulgaria Burkina Faso Cameroon Canada China Cuba Czech Denmark Egypt Ethiopia Finland France Germany Ghana Granada Greece Guatemala India Iran Ireland Italy Jamaica Japan Kenya Korea Liberia Frequency Percent 1 3 2 12 4 2 1 2 2 1 3 4 12 2 2 3 1 14 1 136 63 3 1 81 1 17 2 3 127 1 6 2 3 1 0.12 0.37 0.25 1.48 0.49 0.25 0.12 0.25 0.25 0.12 0.37 0.49 1.48 0.25 0.25 0.37 0.12 1.72 0.12 16.73 7.75 0.37 0.12 9.96 0.12 2.09 0.25 0.37 15.62 0.12 0.74 0.25 0.37 0.12 Country Luxembourg Madasgascar Mexico Morocco Netherlands New Zealand Nigeria Panama Peru Poland Portugal Slovak Sloval Somalia South Africa Spain Sri Lanka Sweden Switzerland Taiwan Tanzania Thailand Togo Trinidad Turkey UK USA Uganda Vietnam Total Frequency Percent 4 1 9 4 5 2 3 1 3 1 82 1 1 3 6 75 1 2 2 3 1 1 9 1 1 27 40 3 2 0.49 0.12 1.11 0.49 0.62 0.25 0.37 0.12 0.37 0.12 10.09 0.12 0.12 0.37 0.74 9.23 0.12 0.25 0.25 0.37 0.12 0.12 1.11 0.12 0.12 3.32 4.92 0.37 0.25 813 100 B. Table 2: Distribution of GI by country without EU countries These breakdowns in Table 2 show the dataset percentages minus the EU. However, the US has at least 40 cases (22 percent of the non-EU) , India 17, Ethiopia 14, Mexico and Togo 9, and Japan and South Africa 6. Table 2: Distribution of GI by country without EU countries Country Angola Argentina Australia Benin Botswana Brazil Bulgaria Burkina Faso Cameroon Canada Chichuahua China Cuba Czech Egypt Ethiopia Ghana Granada Guatemala India Iran Italy Jamaica Japan Kenya Korea Frequency Percent 1 3 2 2 1 2 1 1 3 2 1 12 2 2 1 14 3 1 1 16 2 1 1 5 2 3 0.52% 1.57% 1.05% 1.05% 0.52% 1.05% 0.52% 0.52% 1.57% 1.05% 0.52% 6.28% 1.05% 1.05% 0.52% 7.33% 1.57% 0.52% 0.52% 8.38% 1.05% 0.52% 0.52% 2.62% 1.05% 1.57% Country Liberia Madasgascar Mexico Morocco NAFTA New Zealand Nigeria Panama Peru Poland Slovak Sloval Somalia South Africa Spain Switzerland Taiwan Thailand Togo Trinidad Turkey UK USA Uganda Vietnam Total Frequency Percent 1 1 6 4 5 2 3 2 6 2 1 1 3 6 1 1 1 1 9 1 1 1 42 3 2 191 0.52% 0.52% 3.14% 2.09% 2.62% 1.05% 1.57% 1.05% 3.14% 1.05% 0.52% 0.52% 1.57% 3.14% 0.52% 0.52% 0.52% 0.52% 4.71% 0.52% 0.52% 0.52% 21.99% 1.57% 1.05% 100 C. Distribution of GIs by region The dominance of the EU countries reflects the global distribution of cases, shown in Table 3. Southern Europe holds 45 percent of the data base and Western Europe 32 percent. However, the next largest are Eastern Asia (3.81 percent), Western North America (3.57 percent), and Eastern Africa (2.95 percent). Table 3: Distribution of GIs by region Region Australasia East Africa Eastern Africa Eastern Asia Eastern Europe Eastern North America Eastern South America Great Lakes Region Middle East Africa Middle East Asia Northern Europe Northern North America Frequency 4 1 24 31 6 12 2 1 5 4 1 3 Percent 0.49 0.12 2.95 3.81 0.74 1.48 0.25 0.12 0.62 0.49 0.12 0.37 Region South Africa South Asia Southern Africa Southern Asia Southern Europe Southern North America Southern South America Western Africa Western Europe Western North America Total Frequency 1 11 7 6 366 16 7 18 259 29 Percent 0.12 1.35 0.86 0.74 45.02 1.96 0.86 2.21 31.86 3.57 813 100 D. Distribution of GIs by Product Type Table 4 shows the distribution of GIs by product type. Dairy and Meat, those proposed for new WTO protections are the two largest categories at 20.79 percent and 20.17 percent, respectively, or over 40 percent of total cases. The two are obviously related industries under the general category of animal husbandry. The next largest category is oils and fats (9.84 percent), the latter of which are also a product of animal husbandry operations. Olives, related to the oils in most case, adds another 2.09 percent. Vegetables follow at 9.72 percent. Some categories not clearly protected in the EU appear: national “dishes” and “manufactured” products with a geographic link. Table 4: Distribution of GIs by Product Type Product Type Baked goods Beverage Condiment Dairy Dish Fruit Grain Manufacture Meat Nut E. Frequency 24 34 30 169 7 61 14 17 164 11 Percent 2.95 4.18 3.69 20.79 0.86 7.5 1.72 2.09 20.17 1.36 Product Type Oils & Fats Olives Other Other drinks Plant Seafood Sweets Vegetable Wine/Spirit Total Frequency 80 17 3 38 9 14 19 79 23 813 Percent 9.84 2.09 0.37 4.67 1.11 1.72 2.34 9.72 2.93 100 Distribution of GIs by Type of GI GIs can be broken down by their type of protection; whether it is more linked to place or to process that occurs in that place (PGI versus PDO). PGI or process protections constitute 63.59 of the total. Non-EU countries are more heavily oriented towards PGI protections. This is especially true of ancient civilizations such as India. India has GI protection for types of textile products, like the saree, for example (see Table 5). Table 5: Distribution of GIs by Type of GI GI Type Frequency Percent PDO PGI 517 296 63.59 36.41 Total 813 100 F. Breakdown of GI Type by Region GI types do have differing attributes according to their region or country or orientation. PGI types are dominant areas that have limited numbers of total GI, including the Middle East Africa, Southern Africa, and Western Africa. The ratios are most pronounced in Western North America (8.7 to 1 ratio). Southern Europe has a ratio almost twice as large as the next largest region -- Western Europe (2.1 to 1.2 percent) Table 6: Breakdown of GI Type by Region Region Australasia East Africa Eastern Africa Eastern Asia Eastern Europe Eastern North America Eastern South America Middle East Africa Middle East Asia Northern Europe Northern North America Southern Africa Southern Asia Southern Europe Southern North America Southern South America Western Africa Western Europe Western North America Total GI Type PDO PGI 4 0 1 0 19 7 20 11 5 1 7 5 2 0 2 3 3 1 1 0 3 0 3 6 14 3 249 117 10 5 6 1 5 13 139 120 26 3 517 296 PDO to PGI Ratio na na 2.7 1.8 5.0 1.4 na 0.7 3.0 na na 0.5 4.7 2.1 2.0 6.0 0.4 1.2 8.7 1.7 Total 4 1 26 31 6 12 2 5 4 1 3 7 17 366 15 7 18 259 29 813 Appendix A The World According to TESS: A Quick Survey of Geographic Indication Protections in the US Trademark System TESS is the US PTO Trademark Electronic Search System. It is not a comprehensive source of all U.S. trademarks but ones that are within the federal system of trademark protections. It is useful to examine the types of geographic indicators there and the types of information available regarding claims that are in part related to geographic locale and specific areas of the United States and other countries. There are, as of November 27, 2004, 1,681,292 “live” trademarks and 2,161,865 “Dead” ones. Geographic indications generally fall within trademarks rather than patents. In truth, there are some growing areas of cross-over as legal systems evolve but this is a topic for another paper. The TESS database however includes all trademarks and there are often lines of confusion about the extent to which some design claims and some geographic claims may differ or overlap, especially those without specific disclaimers that clearly denote only the symbol and not the underlying product. Some Observations 1. A search of “Feta” showed two filings. One was filed in 1991 from a company in France and abandoned in 19992 and another a filing from the Government of Greece in 1992 which expired and was declared abandoned in 1993. No doubt these acts are related. 2. Many trademarks are dead so the focus is only on “live” ones. “Bulgara-Feta” translated as “Bulgaria slice” was filed on November 2003 and the owner is the Vintage Food Corporation of New York. 3. There are many Parmesan registered but all are quite specific to a particular brand name that is not generic in nature. Some names are in fact several sentences long. 4. The Cuervo Company of Jalisco Mexico includes a variety of other good besides tequila, including glassware, tote-bags and t-shirts. The trademark is the “EL ORIGINAL LICOR DE TEQUILA” translated as "The original tequila liqueur". There is also a trademark for “California Tequila” 5. There are two registrants that are live for Darjeeling tea, one for 100 percent by content and the other 60 percent. The registrant is the Tea Board of India. Darjeeling is also a trademark for an “online retail store services featuring women’s underclothing and lingerie.” The company is French based. 6. Ceylon Tea is protected through the Sea Lanka Tea Board who has a separate trademark on the logo. The product is described as “The Certification mark, as used by authorized persons, certifies that goods identified by the mark are grown in Sri Lanka (formerly known as Ceylon) and that the goods conform to quality, grade and other requirements, pursuant to standards designated by the Applicant.” 7. Vidalia is protected as a Certification Mark and the registrant is the Georgia Department of Agriculture. 8. California Grown Spirulina (a blue green algae that is used as a dietary supplement) is included without disclaimer. 9. There is California Blue Diamond Almond the Baseball Nut” with extensive disclaimers. There are also “football” and “racing” versions as well. 10. California Gold are certain grain seeds (wheat, barley, etc.) from Minnesota with disclaimer. They are not the ore that had great social significance in the mid 19th century. 11. California Trout protects the water not the fish. 12. The US protects Bulgarian Feta. 13. A cooperative of producers from Idaho and Eastern Oregon together hold a trademark on the name “Spanish Onion”, though they are far from Spain. Red River Potato Producers includes areas of both Minnesota and South Dakota. There are also Washington potato producers, but these are probably related bio-climatic areas. 14. The US PTO system certifies Kobe and Wagyu beef, presumably from Japan. They are also raised in the US under strict supervision during their early life. .