Geographical indications are intellectual property law instruments developed to protect products originating from a specific geographical region and bearing the distinctive characteristics of that region. In today’s rapidly globalising world, the importance of geographical indications is growing in terms of protecting local values and supporting rural development. This article will provide a comparative analysis of geographical indication protection in various legal systems, primarily the European Union, the United States and Turkey.
According to the World Intellectual Property Organisation (WIPO) definition, a geographical indication is ‘a sign that identifies a product as originating in a specific geographical area, region or country, and that the quality, reputation or other characteristics of the product are essentially attributable to that geographical origin.’ This definition highlights the three key elements of a geographical indication: geographical connection, quality standard, and traditional production method.
The legal justifications for geographical indication protection are based on both economic and cultural grounds. From an economic perspective, geographical indications prevent consumer deception, protect producers from unfair competition, and increase the added value of products. From a cultural perspective, they serve functions such as protecting traditional production methods, promoting rural development, and transmitting cultural heritage to future generations.
Geographical Indication Protection in the European Union
Geographical indication protection in the European Union is regulated by Regulation No. 1151/2012. This regulation establishes quality schemes for agricultural products and foodstuffs and provides for three main categories of protection: Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), and Traditional Speciality Guaranteed (TSG).
In 2023, a significant development took place with Regulation No. 2023/2411 of 18 October 2023, which extended geographical indication protection to craft and industrial products defined as ‘non-agricultural products.’ This regulation will enter into force on 1 December 2025.
In the EU system, geographical indication applications are first evaluated by national authorities and then forwarded to the European Commission. The Commission reviews the application and, if deemed appropriate, publishes it in the Official Journal of the European Union. At this stage, third parties have the right to object.
Under EU law, geographical indication protection is provided against the direct or indirect commercial use, imitation, or evocation of the name of the registered product. The scope of protection is quite broad, and any use that could impair the quality, reputation, or distinctive characteristics of the product is prohibited.
Geographical Indication Protection in the United States
The United States does not recognise geographical indications as a separate category of intellectual property rights but protects such products under trademark law. Under the Lanham Act, geographical terms may be registered as ‘certification marks’ or ‘collective marks.’
In the US system, for a mark to be registered as a geographical indication, there must be a genuine connection between the geographical region and the product, and consumers must associate that region with the product in question. Registration applications are evaluated by the United States Patent and Trademark Office (USPTO).
Protection in the US system is provided within the framework of trademark law principles. Accordingly, the use of the same or a similar registered geographical indication constitutes trademark infringement if it causes confusion among consumers. However, this system does not provide as comprehensive protection as the EU system.
Geographical Indication Protection in Turkey
Geographical indication protection in Turkey is regulated under Articles 33-43 of the Industrial Property Law No. 6769. This regulation envisages a system compatible with EU legislation.
Turkey ranks second after China in terms of the number of geographical indication registrations. This reflects the country’s potential and success in this field. With the recent registration of Aydın Pine Nut as a geographical indication by the EU, Turkey’s total number of EU-registered products has risen to 33.
In Turkish law, geographical indication applications are evaluated by the Turkish Patent and Trademark Office (TÜRKPATENT). After undergoing preliminary and substantive examination, the application is published in the Industrial Property Bulletin if deemed appropriate.
Geographical indication protection under Turkish law is provided against the commercial use, imitation, or association of the name of the registered product.
The fundamental difference between the three legal systems examined lies in their approach to protection. While the EU and Turkey recognise geographical indications as a sui generis (unique) category of intellectual property rights, the US adopts a trademark law approach. The EU system provides for double examination at national and international levels, while the US and Turkey adopt a single-stage examination system. The EU system is more comprehensive and stringent, but this extends the registration process. The EU system provides the broadest scope of protection. This system prohibits not only direct use but also indirect use and association. Turkish law provides similar protection as it is based on the EU system. The US system, on the other hand, offers more limited protection within the framework of trademark law principles.
The sui generis approach adopted by the EU and Turkey better protects the unique characteristics of geographical indications, while the US trademark law approach offers a pragmatic solution.
From Turkey’s perspective, while its position as the world’s second-largest registrant of geographical indications is encouraging, the sustainability of this success requires increasing producers’ awareness of geographical indication rights, ensuring effective legal protection against infringements, maintaining and enhancing alignment with the EU, and developing digital marketing strategies for geographical indication products.
Geographical indication protection is not only a legal issue but also has strategic importance in terms of preserving cultural heritage and supporting rural development. Therefore, it must be supported by economic and social policies in addition to legal regulations.
In the future, it is anticipated that geographical indication protection will gain even greater importance and that international harmonisation will increase. In this process, it is of great importance for Turkey to maintain and develop its current advantageous position, both legally and economically.
Executive Associate Öykü Gülsen
