‘‘Geographical indications are the signs given to natural products, metals, agricultural products, handicrafts and industrial products which distinguish themselves from other products by their distinctive qualities and which are identified with the area or region in which they are located.’’
In Turkey, signs used to describe products made up of a territory of a state that is a party to the Intellectual Property Rights Convention or a territory/geography within that state and that are basically attributed to that geographical origin in terms of a specific feature, title or other qualification are called geographical indications.
By these definitions, it is deemed necessary for any product to have a distinct feature, title or different qualities different from other products in the same class, or to have a definite region in order to be covered by geographical indication protection. It is the most important character of these signs to come from a region or to be a part of that region.
Types of Geographical Indications in Turkey
Signs expressing geographical origin are protected by various names such as source marks, origin name and indication of source in the agreements and arrangements made between the countries. These signs are described as the origin name in the Lisbon Treaty, which protects various kinds of source marks as the origin name.
In the second item of the Agreement, the name of origin is defined as the geographical name of a state, territory or region, which refers to a product consisting entirely or partly of the origin with its name, quality, character, human and natural actors. In accordance with this agreement realized by the World Intellectual Property Organization, human and natural actors are searched together in the description of the origin.
The indication of source is a more flexible way of protecting the relationship between the product and the geographical area for the protection of the name of origin. The term “indication of source” in the Paris and Madrid agreements indicates the source of the products. It is not necessary to make all of the production processes in a certain geographical region, as for the name of origin, in order to protect a product. This statement, which corresponds to the indication of source, was used as a geographical indication in the framework of the EU Regulation providing protection in the European Union.
In this way, advocating the thesis that there is a complex terminology for these indications, which are covered by many explanations and definitions, does not seem to be an unjustifiable opinion.
These markings provide economic value in the form of a commercial vehicle in the territorial and global commercial area, enabling the nations possessing labor to identify such markings as an important utility instrument. Especially for developing countries whose economies are based on the sale of agricultural products and processed foods to foreign countries, the use of these markings as a means of making different and attractive presentations of such products when they are traded makes them more valuable for these nations. Products with geographical indications bring a considerable part of the volume of the profit that some nations make through sales to foreign countries.
Geographical Indication Registration Procedure in Turkey
Name of the geographical indication: The full name of the geographical indication must be written.
Name of the product: Only the name of the product should be written without the name of the geographical region.
Type of the geographical indication: Either the name of the origin or the indication of source must be written, whichever is appropriate.
Usage: Taking into account the characteristics of the product, only one of the methods of signing, labeling or marking should be expressed and explained in this regard.
The geographical sign to be registered should not be a simple word factor created with standard characters, it should:
- Include the shape factor with the word actor, or
- If the labeling method is used as the method of use, the relevant geographical indication a or b should be produced in 7 x 7 cm dimensions of the label and attached in the application form.
Production site: The geographical area where the product is produced should be specified in detail. This information may be supported by the map if possible.
Definition and the characteristics of the product: Technical information describing the chemical, physical, microbiological and other relevant qualities of the product should be included.
If the geographical sign is an indication of source, the following must be found in the production area:
It is possible to produce the product in other regions, provided that it is produced within the scope of the geography in which at least one characteristic of the product subject to the marking is expressed. It must be clearly conveyed that the product must be produced within the scope of the production region, which we have expressed in terms of its features or characteristics.
Persons or organizations applying on behalf of the geographical sign registration process are obliged to establish an impartial inspection commission prepared by any association, union or similar organization without regard to the organization by law, in order to check whether the product is qualified for production, processing, or other related transactions.