“Geographical indications are the names or signs that indicate a product which has become identical with a locality, area, region, or nation it originally resides in, in terms of a distinctive feature, title and other qualities. Geographical indication audit is a review process that is important in order to obtain the expected benefits from the protection of the products. This is a process carried out by associations and union-like bodies that are knowledgeable about the product and do not hold any parties.”
Geographical indication audit, that is, the control of the activity of the registered geographical indications on the market, is undoubtedly a necessity which is important in order to obtain the expected benefits from the protection of a geographical indication in Turkey.
Let's give a little bit of information about the geographical indication before going on to the subject of audit. A product, a stone, or a metal belonging to a region may be different from similar ones produced in other regions, or a product such as a carpet, rug, or the like, which is produced in a region, may be famous for any reason. Putting the name of a region on these products can be perceived as a certain sign of quality of that product by the consumer. Consumers can rely on the name of that region, preferring the products offered for sale with the name of that region to other products with the same characteristics. The geographical indications are divided into two groups as the origin name and the indication of source.
Origin name: Indicates that all or the essential features of a product are derived, produced and processed from the human and natural factors of this region and other structured operations are carried out entirely within these territorial boundaries.
Indication of Source: Refers to the fact that a product has a distinctive reputation or other characteristics that have become identical with this region or have been produced and processed in this region and that at least one of the production operations takes place within the specified region.
In Turkey, the commission that will perform the geographical indication audit shall indicate the registered geographical sign in its register. This commission shall thoroughly supervise the manner in which any association, union or similar organization of persons concerned with the production, processing or other operations of the product produces, markets and registers the origin or registered indication of the product that is subject to geographical indication and the manner in which they use, mark, label, and place the registered origin name or indication of source on the product. To do this, this commission will have enough staff, equipment and facilities. And it will constantly control the production of the product in question. Relevant expert and impartial bodies or organizations shall be involved in the audit.
In order to be able to carry out this audit, the applicant is requested to inspect the product regularly in accordance with Article 20 of the Legislative Decree, and to establish an inspection commission which he or she is not included in it. The audit commission will submit the audit reports to the Institute in each ten years. Geographical indication registrations without an inspection report will be canceled.
In addition to this, in paragraph 2 of Article 23 of the Food Codex of the veterinary services, herbal health, feed and food law no. 5996 of 11 June 2010, the term "the Ministry shall ensure that the geographical indications relating to agriculture and food conform to the qualifications specified in the registration of the activity of the traditional product names," and the duty of supervising the geographical indications is presented to the Ministry of Agriculture (GTHB) in Turkey.
In this way, there are two structures for the controlling the geographical indications. First one is the audit commission established by the person who is in the process of registration in accordance with Article 20 of the above-mentioned Legislative Decree, and the second is the auditing that is performed by GTHB to act according to Law No. 5996. According to the judge's opinion, the first one will be pronounced as internal audit and the second as external audit. It is expected that this binary system will mature following the applications that will be made in accordance with the audit item, which is relevant to the GTHB.