Current Development of Geographical Indications (GIs) in Asia. 26 May 2015 Khon Kaen. Thailand

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1 Current Development of Geographical Indications (GIs) in Asia 26 May 2015 Khon Kaen. Thailand

2 GI, an intellectual property right The GI is a specific, distinctive intellectual property right Copyright and related rights. Trade marks. Industrial designs. Geographical Indications. Patents. Plant Varieties Trade Secret, etc. It is an intellectual property right recognised in over 150 countries (WTO TRIPS Agreement) Once protected in its country of origin a GI can request protection in other member countries It is a collective right of use.

product are generally traditional product, with a connection to the local wisdom and heritage).

3 GI: Relations between the product, the producers and the production area PRODUCTION AREA (Due to natural conditions, the product is different from the ones produced in different regions) PRODUCERS' KNOW-HOW (GI product are generally traditional product, with a connection to the local wisdom and heritage). Product with a specific name and reputation (The consumers make a direct connection between the origin of the product and its quality)

4 A GI, why? 1/ To protect the producers interest + 2/ To protect the consumers interest Added value gained by the product, economical consequences on the all supply and marketing chain Interest for producers, traders, rural development sustainability and environmental aspects, biodiversity Protection of the geographical name and products specifications, with better control control, traceability and consumer protection

5 A GI «SPECIFICATIONS» describe the goods and the production methods. The GI name shall be used only for goods produced in compliance with the specifications Five Pillars for a Geographical Indication Application A «GI ORGANIZATION» generally an inter-professional organization which brings together producers, operators and traders of the product GEOGRAPHICAL INDICATION PRODUCT A CONTROL and TRACEABILITY SYSTEM which guarantee that all the products sold under the GI name have been produced within the delimited area and according to the «Specifications» A DELIMITATION of the production area. The GI name shall be used only by producers and operators within the delimated area A PROVEN LINK between the specificity of the good and its origin, based on natural, geographical, historical or human factors. Source: Department of Intellectual Property (DIP), Ministry of Commerce of Cambodia 5

6 The UN FAO, through its initiative on Quality & Origin has developed tools and training materials to identify potential GI the Quality&Origin Identification Web Tool

7 The experience of South East Asia GI sui generis protection 7

8 Setting up the system first challenges Dedicated Legislation.

9 GI legal framework GI Legislations (all covering GI protection for handicrafts) : Malaysia: Geographical Indications Act 2000 (Act 602) and Geographical Indications Regulations 2001 Indonesia: Chapter VII of the Law on Marks (Law n15/2001 on Marks) and Government Regulation No. 51/2007 regarding Geographical Indications signed by the President on 4 September 2007 Thailand: Act on Protection of Geographical Indication in 2003(B.E.2546) Vietnam: the Intellectual Property Law No. 50/2005/QH11 enacted in nov.2005 and entered into force since 1 July 2006 replacing protection given by various texts Lao PDR : The Law on Intellectual Property 2012, Ministerial Decision on the Implementation of the Law on IP concerning Geographical Indications, Sept 2012 Cambodia: Law on Geographical Indications, January preparing guidelines and application forms as well as regulation on controls:

10 Setting up the system first challenges Dedicated Legislation. Commitment on the part of supply-chain (producers, processors, traders, etc.) as well as local authorities. Joint definition of mandatory specifications GIs approved by the authorities and independently controlled (third party).

11 GI: a concept in rapid expansion in Asia Examples of Asian GI Indonesia (26): Arabica coffee Kintamani Bali, Jepara Carving Furniture, White pepper Muntok, MPKG Gayo Arabica coffee, Tobacco Mole Sumedang, Horse milk Sumbawa, Kale Lombok, Sumbawa honey, Adan rice Krayan, Arabica coffee Flores, Bajawa Flores, Dieng Purwaceng, Carica Dieng, Kep vanilla. Alor, Arabica coffee Kalosi Enrekang, Ubi Cilembu Sumedang,Patchouli oil Aceh, Arabica Coffee Java Preanger, Arabica Coffee Java Ijen-Raung Ijen-roar, etc. Malaysia (35): Sarawak Pepper; Sabah Tea; Borneo Virgin Coconut Oil; Tenom Coffee; Sabah Seaweed, Bario Rice, Limau Bali Sungai Gedung, etc. Vietnam (41) : Phu Quoc (fish sauce); Coffee Buon Me Thuot, Pomelo Doan Hung, Hoi Lang Son, fish sauce Phan Thiet, Orange Vinh, Tea Tan Cuong, Tea Shan Tuyet Moc Chau, Rice Hong Dan, Litchi Luc Ngan, Dragon fruit Binh Thuan, Rice Tam Xoan Hai Hau, Litchi Thanh Ha,etc. Cambodia (2) : Kampot Pepper; Kampong Speu Palm Sugar.

12 GI: a concept in rapid expansion in Asia Khao Hom Mali Thung Kula Rong Hai (Rice) Thai GIs (64) Khao Leuang Patew Chumphon (Rice) Khao Hom Mali Surin (Rice) Khao Jek Chuey Sao Hai (Rice) Trang Roast Pork Sangyod Maung Phatthalung Rice Surat Thani Oyster 12

13 Nakonchaisri Pomelo Phurua Plateau Wine Chainat Khaotangkwa Pomelo Sriracha Pineapple Kafae Doi Chaang (coffee) Chiangrai Phulae Pineapple Phetchabun Sweet Tamarind Phuket Pineapple Kafae Doi Tung (coffee) NangLae Pineapple

14 13 Handicrafts Chiang mai Celadon (Pottery) Chonnabot Mudmee Thai Silk Praewa Kalasin Thai Silk Lamphun Brocade Thai Silk Mae Jaem Teen Jok Fabric Yok Mlabri Nan Ban Chiang Pottery 14

15 GI for handicraft in India (144/215) : Kashmir Pashmina; Blue Pottery of Jaipur; Aranmula Kannadi, Pochampalli Ikat, Salem Fabric, Kangra Paintings, Thewa Art Work, Saharanpur Wood Craft, Firozabad Glass, Muga Silk of Assam, Agra Durrie,Toda Embroidery, Mangalagiri Sarees and Fabrics, Bomkai Saree & Fabrics, Khatamband, Kashmir Walnut Wood Carving, Villianur Terracotta Works, Phulkari, Andhra Pradesh Leather Puppetry, Agates of Cambay, Arani Silk, etc.

Myanmar: Thanakha, Silk from Lotus Inlay Lake, Myanmar Teak, Tea, stones, etc.

16 GI: a concept in rapid expansion in Asia Potential GIs Lao PDR: Boloven Coffee, Paksong and Phongsaly tea, Xiengkhouang and-houaphan sticky rice, Luang Namtha Sesames oil, Silk from Pak Eum, Silk from Luang Prabang, etc. Myanmar: Thanakha, Silk from Lotus Inlay Lake, Myanmar Teak, Tea, stones, etc. Philippines: T nalak Tau S bu (or Lake Sebu T nalak) ; Davao Pummelo; Bicol Pili Nut ; Guimaras Mangoes; Aklan Pina cloth ; Bonoan/Dagupan Bangus, Amadeo Coffee, etc.

Green Bean Price 12 USD/kg 65 USD/kg Source: Department of

17 Economical Benefits Kafae Doi Chaang (Thailand) Coffee Cherry Price 15 baht/kg baht/kg Doi Chaang Start Now Green Bean Price 12 USD/kg 65 USD/kg Source: Department of Intellectual Property, Ministry of Commerce of Thailand, 2013

baht/kg Retail Price 35 baht/kg 100baht/kg at retailers

18 GI Chiang Rai Phulae Pineapple Price Comparison year 2004 (before GI registration) now Price at Farm 8 baht/kg 23 baht/kg Retail Price 35 baht/kg 100baht/kg at retailers Source: Department of Intellectual Property, Ministry of Commerce of Thailand,

19 Economical Benefits Kampot Pepper (Cambodia) - Kampot pepper GI registered on April 02, Increase of production area - Increase of price: From US$ 4/Kg to US$11/Kg for the black - From US$ 6/Kg to US$ 15/Kg for the red - From US$ 8/Kg to US$ 18/Kg for the white 6/15/

21 Impact of the GI Protection on Socio- Economic Aspects Ex: Thai GI Lamphum Brocade Thai Silk s Producers, Silk Enterprises and Community In Thailand The research paper commissioned by Department of Sericulture of the Thai Ministry of Agriculture, studied the impact of GI protection of Lamphun Brocade Thai silk on socio-economic aspects to Lamphun brocade Thai silk s producers, silk enterprises and community ----Farmers/producers under GI earned an average income of THB, non-gi producers THB ---Production costs of different types of silk fabrics between GI and non GI showed non significant differences ---Social effect: GI concept strongly affects communities, in particular regarding their participation in the community, family relationship, conservation of local wisdom and proudness Source : Queen Sirikit Department of Sericulture of Thailand

22 GI : a strategy for the promotion of tourism For the GI Regions or GI related localities Tourists visits in the production sites Consumption or purchases on site as well as free marketing of products for export through tourists Organisation of social events inspired by the GI Development of services (hotels, restaurants, guides, etc.) Direct and indirect benefits linked to the GI for the development of the localities or region as well as for localities national and international reputation

23 GI: A part of the region/country s prestige Ex: Champagne is a symbole of France

24 The promotion of national products Creation of National labels for GI Ex: Thailand Ex: Cambodia

25 Indonesian National GI label On 26 February 2015, Indonesia created the INDONESIAN GEOGRAPHICAL INDICATION ASSOCIATION regrouping 27 Indonesian GI products associations

Geographical Indication Control System of Thailand Accreditation Body (AB) Thai Industrial Standards Institute

-ISO Guide 17065 and -Specific requirements define by DIP accreditation GI Board External Control approval By

compliance with specifications laid down + check the running of autocontrols - on the group to check the running

Internal Control ( GI Committee at Provincial Level ) DUTY : to check the running of auto control on the

Self Control / Autocontrol (Producers Processors / Farmers Industries) DUTY : to control their product according

26 Geographical Indication Control System of Thailand Accreditation Body (AB) Thai Industrial Standards Institute (TISI) National Bureau of Agricultural Commodity and Food Standard (ACFS) DUTY : Accredits CB According to : -ISO Guide and -Specific requirements define by DIP accreditation GI Board External Control approval By Control Body / Certification Body (CB) DUTY : to perform GI control on behalf of the CA - on producers to verify compliance with specifications laid down + check the running of autocontrols - on the group to check the running of the internal controls. Internal Control ( GI Committee at Provincial Level ) DUTY : to check the running of auto control on the producers processors farmers industries. Self Control / Autocontrol (Producers Processors / Farmers Industries) DUTY : to control their product according to specification (manual) which can be modified by group members Scheme Owner = Competent Authority (CA) Department of Intellectual Property (DIP) DUTY : 1. Validation of Specifications and Inspection method (control manual) 2. Approve & Supervise CB Consumer Distributor Retailer Exporter

27 Lamphun Brocade Thai silk

International registration First Thai GI Khao Hom Mali Thung Kula

applications at the European Union : Kafae Doi Chaang (Coffee) ----

Phattalung (Rice) - Pending Cambodian GI application at the European

28 International registration First Thai GI Khao Hom Mali Thung Kula Rong-Hai registration in the EU on 12/02/2013 Pending Thai GI applications at the European Union : Kafae Doi Chaang (Coffee) ---- published Kafae Doi Tung (Coffee) ---- published Khao Sungyod Muang Phattalung (Rice) - Pending Cambodian GI application at the European Union: Kampot Pepper (filed in 2014) Kampong Speu Palm Sugar application to be files in 2015

29 International registration Intra ASEAN registrations GI Thai - Isan Indigenous Silk Yarn, registered on 18 September 2014 in Vietnam Vietnamese GI BUON MA THUOT COFFEE» registered on 18 September 2014 in Thailand Vietnamese GIs «Hai Hau Rice», «Shan Tuyet Moc Chau Tea» and «Van Yen cinnamon» applications in Thailand Cambodian GIs Kampot Pepper and Kampong Speu Palm Sugar applications in Vietnam and Thailand Thailand GI Lamphun Brocade Thai silk applications in Indonesia and India 29

30 THAI FEX 22 May 2014

31 Promotion Local Market Promotion in the Department Stores, local market, events and Exhibitions Pictures: Department of Intellectual Property, Ministry of Commerce of Thailand

32 Promotion International Market GI Twinning project: Champagne + Lamphun Brocade Thai Silk Overseas Exhibitions; France, Japan, Vietnam, Hong Kong etc. Pictures: Department of Intellectual Property, Ministry of Commerce of Thailand

33 FAO/AFD Project on the Promotion of Rural Development through the Development of Geographical Indications in Asia

34 The Project Funded by the Agence Francaise du Development (AFD) / French Development Agency Overall Objective: To increase incomes of smallholder farmers through the development of GI value chains, improved market access and increased recognition of GI by consumers The development goal looks at ensuring environmental sustainability by contributing to develop sustainable approach into policies and strategies related to voluntary standards

35 Project Outputs Output 1: Development of a regional GI operational network for dialogue, mutual exchange and regional recognition of GIs, including public and private stakeholders from various sectors involved Output 2: Strengthened national institutions responsible for GI development, protection and promotion, and effective public-private collaborations Output 3: Commercial, promotional and communication initiatives Output 4: Strengthened value chains and GI organizations capable of setting up and managing their GI products Output 5: Enhanced national and regional project coordination including with other Development Partners

36 Asian GI Ambassadors initiative

38 More countries join GI protection and promotion this year JAPAN

39 Establishment of Japan s Geographical Indication (GI) Protection System The Act for Protection of Names of Designated Agricultural and Fishery Products and Foodstuffs enacted in June 2014 and comes into force in June 2015 As it is the case for the other countries, GI development in Japan should allow: Better consumers identification of quality of regional-branded products Facilitate the fight against illicit use Japanese names by the authorities Lead to regional brand protection and utilization leading to revitalization of rural villages and communities Allow for better consumer protection

41 For more information: Stéphane PASSERI Project Coordinator FAO/AFD Project on the Promotion of Rural Development through Development of Geographical Indications at Regional Level in Asia FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Regional Office for Asia and the Pacific (RAP) Office C-2A, Maliwan Mansion 39 Phra Atit Road Bangkok Thailand Tel: Fax: Mobile : stephane.passeri@fao.org

42 Thank you

Geographical indication and electronic traceability opportunities and challenges

Geographical indication and electronic traceability opportunities and challenges Stephane Passeri FAO/AFD Project on the Promotion of Rural Development through Development of Geographical Indications at