Generic No More—Expanded Protection Of Geographical Indications In Canada

This article was originally published in Blakes Bulletin on Intellectual Property - December 2003

Geographical indications are increasingly important commercial assets. This is highlighted by the recent agreement between Canada and the European Community ("EC"). Geographical indications, also known as appellations of origin, are names applied to products originating in a certain territory, region or locality, where the quality, reputation or other characteristic is essentially attributable to the products’ geographical origin, either alone or in tandem with the use of certain ingredients and/or manufacturing techniques.

The reputation associated with the geographical indication is of vital importance, and false use of a geographical indication may be detrimental to both consumers and legitimate producers. However, where a geographical term is used as the designation of a kind of product, rather than an indication of the place of origin of that product, this term no longer functions