The difference between Geographical Indication (GI) and generic food terms is an important and highly contentious issue in international negotiations. This distinction is of significant importance to producers, manufacturers, consumers, and policy-makers all over the world because it means the difference between the restricted versus open use of certain popular terms in domestic and global markets. This thesis uses a food studies approach that employs cheese as a lens to understand the contested politics of Generic Geographical Indications (GGIs), which has been under-explored in the literature on GIs. Through case study and an analysis of written policy material and other documents, websites, blogs, artifacts, observations, and semi-structured interviews and discussions, it investigates the complex processes through which European and New World (NW) actors compete over the status – protected or generic - of cheese names, why this struggle is manifested in the case of Parmesan but not of Cheddar, and how we can better understand genericism within the context of GI policy. The thesis argues that actors guided by differing agricultural paradigms compete to secure the use of terms through oppositional discursive strategies of ‘gastro-panic’ where they appeal to a language of security in order to persuade policy-makers to take action against the perceived threatening actions of their opponents. It finds that unlike the contested term Parmesan no such panic has emerged surrounding Cheddar because its widespread use has not been interpreted as a threat to the ‘original.’ As well, genericism emerges as both a dynamic and socially-constructed concept subject to ongoing negotiation and contestation and a strategic discursive device used block the successful registration of proposed product names as GIs. The debate over cheese reveals the inherently political nature of the ways in which genuineness and genericness are constructed in an increasingly competitive marketplace.

A Tale of Two Cheeses: Parmesan, Cheddar, and the Politics of Generic Geographical Indications (GGIs)

One of the main current problems in European quality agricultural production is the lack of objective data for linking quality to origin and to evidence environmental concern (CO2 uptake and use of water in Spain). The aim of this study was to develop an agricultural management platform, based on Enterprise Resource Planning (ERP) principles and with the ability to collect geolocated information from different plots related to Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) wine production. First a survey to farmers, technicians and PDO and PGI managers was carried out to detect the needs of the three groups in relation to ERP platforms; and secondly an ERP platform was developed to collect agronomic information to comply with the Spanish legal requirements. Results showed that the end user completes information database, complies with the legal requirements, and obtains benefits derived from the data analysis. Consequently, the platform (i) solves lack of agricultural data problem; (ii) provides the user with management tools for its agricultural operations; (iii) allows the decision maker to obtain geolocated information in real time; and (iv) sets out the bases for the future development of agricultural systems based on Big Data.

Designing of an Enterprise Resource Planning for the Optimal Management of Agricultural Plots Regarding Quality and Environmental Requirements

This article discusses the transformation of a distinctive trade sign into a generic term. Any distinctive trade sign carries this risk, primarily if it benefits from a high level of reputation or prestige, and the product identified is unique in the market. This is probably the most critical danger for such signs, especially if they are industrial property rights. Several criteria have been developed to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has taken a position in this matter, as have the European Union Regulations on trademarks and geographical indications. However, the bilateral and multilateral agreements are the critical arena for conflicts concerning geographical terms’ qualification as common terms. The European Union (EU) and the United States (US) have been in the spotlight for a long time, while China is also reaching a prominent place in this dispute. The most recent bilateral agreements have been twisting the criteria applied when assessing a geographical term’s genericness.

/pdf/the-criteria-to-qualify-a-geographical-term-as-generic-are-3p8eisd7qa.pdf

The Criteria to Qualify a Geographical Term as Generic: Are We Moving from a European to a US Perspective?

Ozet Cografi ortam ozelliklerinin ortaya cikardigi urun zenginliginin cografi isaret yoluyla korunmasi, dunya ticaretinde yasanan gelismelere bagli olarak giderek onem kazanan bir konudur. Cografi isaretler dogal ortam ozellikleri, geleneksel uretim yontemleri ve kulturel degerler ile yogrulan bir surecte ortaya cikan geleneksel/yerel urunlere ticari acidan koruma ve destek saglamaktadir. Buyuk bir potansiyelin varligina karsin Turkiye'de cografi isaret konusunda sinirli gelismeler saglanabilmistir. Calisma ile gunumuze degin Turkiye'de tescili saglanan cografi isaretler ve dagilis ozellikleri degerlendirilmistir. Buna gore cografi isaret potansiyeli tasiyan urunlerin belirlenmesinde yerel/geleneksel urunleri tanitici festivallerden yararlanilmasi onerilmektedir. Diger yandan cografya biliminin Turkiye'de cografi isaretler konusuna katki saglayacagi alanlara dikkat cekilmektedir.  Anahtar Kelimeler: Cografi isaretler, yerel urunler, geleneksel/yerel urun festivalleri, Turkiye.  Abstract Protection of the product richness resulting from the characteristics of a geographical medium through geographical indications is an issue that is gradually gaining importance depending on the developments experienced in the world trade. Geographical indications provide the traditional/local products, which occur in a process molded by the characteristics of natural media, traditional production methods and cultural values, with commercial protection and support. Despite the presence of great potential, limited developments have been achieved with respect to geographical indications in Turkey. The geographical indications registered in Turkey so far and their distributional characteristics were evaluated with the study. Accordingly, it is recommended to benefit from those festivals which promote local/traditional products when determining the products that have the potential for geographical indications. On the other hand, attention is attracted to those fields where the science of geography will contribute to the issue of geographical indications in Turkey. Key words: geographical indications, local products, traditional/local product festivals, Turkey.

http://e-dergi.atauni.edu.tr/ataunidcd/article/download/1021008416/1021007118

TÜRKİYE’DE COĞRAFİ İŞARETLERİN DAĞILIŞ ÖZELLİKLERİNİN VE COĞRAFİ İŞARET POTANSİYELİNİN DEĞERLENDİRİLMESİ/ Evaluation of Distributional Characteristics of Geographical Indications and the Potential for Geographical Indications in Turkey

Introduction This chapter addresses challenges faced by indigenous peoples and local communities in the legal protection of their traditional cultural expressions (TCEs) It also highlights considerations for governments, public institutions and non-profit organizations in attempts to promote TCEs to support indigenous peoples and local communities in their cultural, economic and social development While TCEs are embraced within the broad, holistic approach to traditional knowledge (TK) adopted in this book, there are legal issues and developments specific to the protection of TCEs which merit separate analysis from those elements of TK addressed in Chapter 4 This chapter first explores some relevant concepts towards understanding the overlap between intellectual property rights (IPRs) and the protection of TCEs It poses questions relating to the commodification of TCEs by IPRs, and how this potentially transforms the social relations underpinning creative processes in indigenous communities At the same time, it is recognized that the making and marketing of some forms of TCEs present potential sources of livelihoods to many indigenous communities currently marginalized in the socio-economic order Given a global environment where TCEs are increasingly copied and commercially mass-produced by third parties, some options and limitations in relation to intellectual property (IP) protection of TCEs are discussed, along with sui generis protection While the Latin term sui generis means ‘unique’ or ‘of its own kind’, it remains to be seen how far these hybrid solutions ultimately depart from typical concepts in IP law Beyond legal measures, there are indigenous protocols and other standards governing third-party access to and use of TCEs, including those evolving within the context of the Internet These are also explored briefly in this chapter Concepts and definitions According to Article 1(a) of the Revised Draft Provisions for the Protection of Traditional Cultural Expressions/Expressions of Folklore being reviewed at WIPO (‘WIPO Revised Provisions’), ‘traditional cultural expressions’ or ‘expressions of folklore’ are ‘any forms, whether tangible and intangible, in which traditional culture and knowledge are expressed, appear or are manifested’, and comprise the following forms of expressions (or combinations thereof):
 verbal expressions, such as: stories, epics, legends, poetry, riddles and other narratives; words, signs, names, and symbols; musical expressions, such as songs and instrumental music; expressions by action, such as dances, plays, ceremonies, rituals and other performances, whether or not reduced to a material form; and tangible expressions, such as productions of art, in particular, drawings, designs, paintings (including body-painting), carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, baskets, needlework, textiles, glassware, carpets, costumes; handicrafts; musical instruments; and architectural forms…

Intellectual Property and Human Development: Traditional cultural expressions: Preservation and innovation

/pdf/nothing-but-a-gi-thing-geographical-indications-under-eu-law-1mpd4yo2zw.pdf

Nothing but a GI Thing: Geographical Indications under EU Law.

This chapter considers the impact of a philosophy of mind class on student mindfulness experience. Students enrolled in class were able to choose from two final project options, including a mindfulness activity. The project outline required students to commit to a particular daily mindfulness activity, complete the Five-Facet Mindfulness Questionnaire (FFMQ) at the beginning and end of the class, and record any observations of bias or oppressive activity toward self or other occurring within the mindfulness activity. In addition, students were required to utilize relevant course material in their analysis of the FFMQ, recorded observations, and overall mindfulness experience. This project was transformative, contributing to an enriched understanding of course content. Anti-oppressive pedagogy is active in providing students with an opportunity to disrupt habits linked to bias and oppression through the cultivation of awareness. The analysis of their final formal reflections reveals three consistent themes linked to the general experience of bias and oppression, demonstrates the efficacy of course concepts in enhancing aspects of the mindfulness experience, and shows the overall importance of understanding one’s philosophical orientation when considering one’s experience within formal mindfulness practice. 

Enhancing Students' Mindfulness Practice Through Philosophy of Mind

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Nothing but a GI Thing: Geographical Indications under EU Law.

Enhancing Students' Mindfulness Practice Through Philosophy of Mind