Here are my thoughts on Geographical Indications, following the valuable insights from Thomas Huthwaite, AJ Park (and the Trade Marks and Unfair Competition course by Professor Susy Frankel that I had the privilege to attend recently):
New Zealand's Geographical Indication (GI) protection, regulated by the Geographical Indications (Wine and Spirits) Registration Act 2006, is narrowly focused on wines and spirits, unlike the EU's broader approach. Expanding this protection to encompass other NZ products could be beneficial.
As an active participant in global trade, New Zealand integrates TRIPS obligations into its laws, such as passing off, the Trade Marks Act 2002, and the Fair Trading Act 1986. The country's legal evolution towards the current GI Act reflects a strategic response to global demand and adaptation to EU trade regulations. Recognising foreign GIs such as Stilton cheese, Darjeeling tea and Café de Colombia underscores New Zealand’s commitment to international intellectual property standards, evidenced by the Madrid and Lisbon Agreements.
The recent NZ-EU Free Trade Agreement updated GI protection to align with the EU standards. However, New Zealand's coverage remains limited to a single page dedicated solely to wine (active lobbying by the NZ wine industry!).
New Zealand boasts distinctive products fitting the WIPO and TRIPS definition of GI, linking items to specific geographic origins with associated qualities or reputations. Examples include Bluff oysters, Aoraki salmon, Ora salmon, Wakanui beef and Hawke’s Bay plums. Expanding GI protection is essential for preserving New Zealand’s unique identity and safeguarding exceptional products from genericization.
Despite leveraging the "Lord of the Rings" success for a pristine image, New Zealand faces intellectual property challenges, notably with kiwifruit and Mānuka honey. Global instances, such as Arabica coffee, Colby cheese, India rubber, vodka, batik and chinaware, illustrate the risk of renowned GIs becoming generic terms.
The vulnerability of distinctive products without direct protection highlights the need for a proactive GI system in New Zealand. Extending GIs to other products aligns with global efforts to reclaim genericized terms, as observed in the EU's endeavours with feta and cheddar. This forward-looking approach is vital for preserving New Zealand’s unique identity.
Therefore, expanding GIs in New Zealand beyond wine and spirits offers opportunities for global market presence, product diversification and rural development. While existing legal frameworks provide robust protection, challenges such as high costs, technical requirements and respecting traditional Māori knowledge require careful consideration. Widespread GI adoption warrants thoughtful advocacy, akin to the experiences of the wine industry. Although not an immediate priority, New Zealand may consider a long-term GI extension to meet international obligations and prepare for future trade agreements.
Many of us won't wonder whether the celebratory fizz we're drinking really is Champagne, or if the cheese on our crackers has in fact come all the way from Gorgonzola. But today's changes to New Zealand’s Geographical Indications Register, which has seen a veritable smorgasbord of almost 2,000 European Geographical Indications being registered for wines, spirits, and – for the first time – various other beverages and foods, will have major practical implications for producers, distributors and retailers in New Zealand, as well as importers selling into the New Zealand market.
In this latest delectable article from Thomas Huthwaite, Kieran O'Connell and Eve Brown, we say cheers to this significant development in our international relationship with Europe, and digest the key changes.
#geographicalindication #wine #cheese #foodanddrink #intellectualproperty
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