The Externalization of Geographical Indications’ Protection in the European Union’s Trade Policy: A Three-step Process.

Abstract

Geographical indications (GIs) are a distinct type of intellectual property right that protects products originating in specific regions and possessing particular qualities or a reputation linked to the territory of production. Over the past decade, the European Union (EU) has become a world leader in the protection, export, and regulation of GIs. Indeed, all new generation agreements concluded by the EU include a chapter on GIs. Moreover, the EU has gone beyond free trade agreements to protect non-European products in its market and even to become a regulatory center for such protection. This major research paper (MRP) aims to answer the following questions: Why is it so important for the EU to protect GIs in its trade policy? How does it protect GIs through its trade agreements and beyond? What is next in protecting GIs? Using secondary data analysis and the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU as a case study, the MRP finds that the EU has succeeded in creating a commercial niche market characterized by differentiated products that have allowed it to compete in international markets for agricultural products, while preserving the welfare and protecting its traditional know-how and small producers. Nonetheless, for the EU, the benefits of GIs do not stop at defending the product name against “imitations and misrepresentations”, they also include standardizing product quality as well as promoting them to increase their visibility worldwide. In addition, the research has revealed that the export of the GI system is part of a broader framework of exporting European policies and laws, known as the “Brussels effect”. Lastly, the case of CETA has revealed that there are political implications of a nationalistic nature that fuel the engine of GI policy in the EU and push for a strengthening of this policy under the umbrella of preserving culture and identity. Key words: Geographical Indications, European Union, CETA, Trade Policy.