Labels of Origin for Food

Labels of Origin for Food Local Development, Global Recognition This page intentionally left blank Labels of Origin for Food Local Development, Global Recognition Edited by Elizabeth Barham Department of Agricultural Economics and Agribusiness, University of Arkansas, Fayetteville, USA and Bertil Sylvander formerly Joint Research Unit on Agro-systems and Territorial Development INRA (French National Institute of Agricultural Research) Toulouse, France CABI is a trading name of CAB International CABI Head Offi ce Nosworthy Way Wallingford Oxfordshire, OX10 8DE UK Tel: +44 (0)1491 832111 Fax: +44 (0)1491 833508 E-mail: cabi@cabi.org Website: www.cabi.org CABI North American Offi ce 875 Massachuse s Avenue 7th Floor Cambridge, MA 02139 USA Tel: +1 617 395 4056 Fax: +1 617 354 6875 E-mail: cabi-nao@cabi.org © CAB International 2011. All rights reserved. No part of this publication may be reproduced in any form or by any means, electronically, mechanically, by photocopying, recording or otherwise, without the prior permission of the copyright owners. A catalogue record for this book is available from the British Library, London, UK. Library of Congress Cataloging-in-Publication Data Labels of origin for food : local development, global recognition / edited by Elizabeth Barham and Bertil Sylvander. p. cm. Includes bibliographical references and index. ISBN 978-1-84593-352-4 (alk. paper) 1. Produce trade–European Union countries. 2. Food–Labeling–European Union countries. 3. Agriculture and state–European Union countries. I. Barham, Elizabeth. II. Sylvander, Bertil. HD1918.L33 2011 382’.41–dc22 2010046723 ISBN-13: 978 1 84593 352 4 Commissioning editors: Claire Parfi  and Rachel Cu s Production editor: Shankari Wilford Typeset by Columns Design XML, Reading, UK. Printed and bound in the UK by CPi Antony Rowe, Chippenham, UK. Contents Contributors vii Introduction ix Bertil Sylvander and Elizabeth Barham Part I: Research on Geographical Indications in Europe 1 Geographical Origin: A Complex Feature of Agro-Food Products 1 Gilles Allaire, François Casabianca and Erik Thévenod-MoĴ et 2 Legal Debates Surrounding Geographical Indications 13 Erik Thévenod-MoĴ et and Delphine Marie-Vivien 3 Current Situation and Potential Development of Geographical Indications in Europe 29 Filippo Arfi ni, Luis Miguel Albisu and Corrado Giacomini 4 Geographical Indications: Collective Organization and Management 45 Sophie Réviron and Jean-Marc Chappuis 5 Geographical Indications, Consumers and Citizens 63 Angela Tregear and Georges Giraud 6 Origin Products, Geographical Indications and Rural Development 75 Giovanni BelleĴ i and Andrea MarescoĴ i Part II: Global Perspectives on Geographical Indications 7 Public Policies and Geographical Indications 92 Dominique Barjolle, Bertil Sylvander and Erik Thévenod-MoĴ et 8 Globalization and Geographical Indications 106 Gilles Allaire and Bertil Sylvander v vi Contents 9 Geographical Indications in the USA 122 Elizabeth Barham, Jim Bingen and C. Clare Hinrichs 10 Geographical Indications in Developing Countries 138 Denis Sautier, Estelle Biénabe and Claire Cerdan Epilogue: A Tribute to Bertil Sylvander 154 Elizabeth Barham Appendix 1 – Case Studies in Europe 157 Introduction 159 Angela Tregear and Filippo Arfi ni System I: Cherry of Lari (Italy) 161 Andrea Maresco i System II: L’Étivaz Cheese (Switzerland) 167 Sophie Réviron System III: Cariñena Wine (Spain) 172 Ana I. Sanjuán-López System IV: Roquefort Cheese (France) 177 Julien Frayssignes System V: Salumi Tipici Piacentini (Italy) 184 Claudio Montanari and Kees De Roest System VI: Beacon Fell Traditional Lancashire Cheese (England) 190 Angela Tregear and Mitchell Ness Appendix 2 – System Maps: Protected Designations of Origin and Geographical Indications (PDOs and PGIs) 195 PDOs for Foods 196 PDOs for Quality Wines 197 PGIs for Foods 198 PGIs for Quality Wines 199 Glossary 200 Frédéric Walle , Elizabeth Barham, Bertil Sylvander and Gilles Allaire Index 211 Contributors Luis Miguel Albisu, Agro-Food and Natural Resources Unit, CITA (Center for Agro-Food Research and Technology), Government of Aragón, Zaragoza, Spain. Gilles Allaire, Observatory of Rural Development, INRA (National Institute for Agronomic Research), Toulouse, France. Filippo Arfi ni, Department of Economics, University of Parma, Italy. Elizabeth Barham, Department of Agricultural Economics and Agribusiness, University of Arkansas, Faye eville, Arkansas, USA. Dominique Barjolle, IED (Institute for Environmental Decisions), Agricultural Economics, Agri-food and Agri-environmental Economics Group, ETH (Federal Institute of Technology), Zurich, Switzerland. Giovanni Belle i, Department of Economics, University of Florence, Italy. Estelle Biénabe, Joint Research Unit ‘Innovation’, CIRAD (Centre for International Cooperation in Agronomic Research), Montpellier, France and Pretoria University, South Africa. Jim Bingen, Department of Community, Agriculture, Recreation and Resource Studies, Michigan State University, East Lansing, USA. François Casabianca, Research Unit on Livestock Development, Department of Science for Action and Sustainable Development, INRA, Corte, France. Claire Cerdan, Joint Research Unit ‘Innovation’, CIRAD, Montpellier, France and Federal University of Santa Catarina, Brazil. Jean-Marc Chappuis, Federal Offi ce for Agriculture, Bern, Switzerland. Kees De Roest, CRPA (Research Centre for Animal Production), Reggio Emilia, Italy. Julien Frayssignes, UMR Dynamiques Rurales, Institut Agronomique Méditerranéen de Montpellier (IAMM), Montpellier, France. Corrado Giacomini, Department of Economics, University of Parma, Italy. Georges Giraud, Social Sciences and Humanities Department, Dij on Graduate School of Agronomy and Food Sciences, AgroSup Dij on, France. C. Clare Hinrichs, Department of Agricultural Economics and Rural Sociology, Pennsylvania State University, University Park, USA. Andrea Maresco i, Department of Economics, University of Florence, Italy. Delphine Marie-Vivien, Joint Research Unit ‘Innovation’, CIRAD, Montpellier, France, and National Law School of India University, Bangalore, India. Claudio Montanari, CRPA (Research Centre for Animal Production), Reggio Emilia, Italy. Mitchell Ness, Newcastle University Business School, Newcastle upon Tyne, UK. vii viii Contributors Sophie Réviron, Agri-food Markets and Chains Group, AGRIDEA (Swiss Centre for Developing Agriculture and Rural Areas), Lausanne, Switzerland. Ana I. Sanjuán-López, Agro-food and Natural Resources Economics Unit, CITA, Government of Aragón, Zaragoza, Spain. Denis Sautier, Joint Research Unit ‘Innovation’, CIRAD, Montpellier, France and CASRAD (Center for Agrarian Systems Research and Development), Hanoi, Vietnam. Bertil Sylvander, formerly Joint Research Unit on Agro-systems and Territorial Development, INRA, Toulouse, France; now retired. Erik Thévenod-Mo et, Swiss Federal Institute of Intellectual Property, Bern, Switzerland. Angela Tregear, University of Edinburgh Business School, Edinburgh, UK. Frédéric Wallet, Joint Research Unit ‘SAD-APT’, INRA-AgroParisTech, Paris, France. viii © CAB International 2011. Labels of Origin for Food (eds E. Barham and B. Sylvander) ix Introduction Bertil Sylvander and Elizabeth Barham A Little History The majority of the authors of this book belong to a European scholarly network closely connected with the Société française d’économie rurale (the French Society for Rural Economy) and were brought together by a seminar on quality issues in agro-food systems in 1999 (Lagrange, 1999). They have worked individually on many projects at the national level within their home countries, and as a group they have worked together on projects at the scale of the European Union (EU). Bertil Sylvander, co-editor of this volume, led the fi rst EU project, ‘PDO-PGI: Markets, Supply Chains and Institutions’, from 1996 to 1999. The project explored products covered by the EU designations of Protected Designation of Origin (PDO) (also known as Protected Denomination of Origin under particular country programmes of protection) and Protected Geographical Indication (PGI). 1 Results of this joint research fi rst appeared in publications following seminars of the European Association of Agricultural Economists in 1997 (Arfi ni and Mora, 1998) and in 1999 (Sylvander et al., 2000). A second EU-funded project with broader ambitions was then launched, also under the direction of Bertil Sylvander: this was the DOLPHINS (Development of Origin Labelled Products, Innovation and Sustainability) project (2000–2004). DOLPHINS developed analyses of the organization and management of supply chains for geographical indications (GIs), and examined how they were protected by public policies in various EU member countries and how these protection policies might be harmonized. The project also explored the position of the EU approach to GIs in the larger arena of international trade negotiations. EU funding for this project allowed for non-EU associated researchers to be included, which brought Elizabeth Barham (co-editor) into the group from the USA to add a ‘New World’ perspective (see Chapter 9). Alongside the increasing pace and scale of events related to the evolution of the World Trade Organization (WTO), research conducted by the DOLPHINS team helped deepen the network’s shared understanding of the full reach of the issues associated with GIs. While the present volume is largely the result of research conducted under the DOLPHINS project, the original group of scholars, along with some newcomers, continued to collaborate under a third EU-funded project known as SINER-GI (Strengthening of International Network Research on GIs (2005–2008), again coordinated by Bertil Sylvander. This project had the explicit goal of broadening the network of GI researchers and deepening their understanding of the global impacts of x B. Sylvander and E. Barham GIs on sustainability. One consequence of this added refl ection was the additional a ention given to the impacts of GIs on developing countries. SINER-GI expanded the list of associated researchers from outside the EU, and added researchers from the EU working outside its territories, to strengthen its knowledge base concerning GIs in the developing world. The work of the SINER-GI team can be felt here, particularly in Chapter 10. For the consolidated results of all three projects, including project details, a listing of the partners and a full bibliography of the work conducted, see the consolidated website: www.origin-food.org. In their eff orts to account for the diversity of GIs and their treatment around the world, the team of researchers represented here has been engaged with an aspect of international trade that is particularly telling in terms of the eff ects of globalization. Because GIs come to symbolize actual places, studying them takes on some of the challenges faced by regional studies more generally – in particular, the need for a more holistic approach to grasp the full situation in any one case. What might have seemed a fairly narrow topic at fi rst glance is ultimately seen to be quite vast, encompassing all aspects of what is sometimes referred to as commodity chain analysis, and going beyond that to issues of marketing and global trade channels, territorial relations, rural tourism and rural development, agricultural policy, environmental impacts and the legal issues associated with intellectual property. And these are only the more practical or material aspects of the topic. Add questions about local culture and heritage, regional identity and pride, and the deeper sociological changes taking place as societies modernize, and a fuller picture of the fascinating topic of GIs begins to emerge. As becomes clear later in this introduction – in the discussion about what is at stake with GIs – countries which are signatory to the WTO must consider their position on a wide range of issues in order to fi nd their position on GIs. In so doing, they are brought to examine more closely what they may stand to win or lose, depending on the route they choose to take. With this in mind, this book is ultimately off ered to policy makers, researchers, producers and citizens of the world to help them be er grasp the implications of the choices at hand. The Basic Legal Context An orientation to GIs begins with the ‘Agreement on Trade-Related Aspects of Intellectual Property Rights’ (TRIPS Agreement), which was signed in 1994 as part of the Marrakesh Agreement. Within the TRIPS Agreement, Articles 22, 23 and 24 deal with the protection of GIs. The TRIPS Agreement was both the culmination of a lengthy series of trade talks and the starting point for tough negotiations as part of the Millennium Round. As Chapter 2 relates, the Agreement has a long history. The 1883 Paris Convention for the Protection of Industrial Property was the fi rst multilateral agreement to include source within the scope of intellectual property. Article 10 bis considers misleading indications of source as acts of unfair competition. The Madrid Agreement Concerning the International Registration of Marks (concluded in 1891 as part of the Paris Convention and included in it when it was revised in 1925) was intended to repress fraud in the market and introduced a diff erence between ‘false’ and ‘deceptive’ indications of source of goods. A deceptive indication may be the true name of the place of origin of a product but is, none the less, misleading in that it uses the reputation of a widely known GI for a completely diff erent type of product, or it uses a homonym (which includes the use in the New World of geographical names ‘imported’ from Europe by emigrants). However, indications of source are considered solely in commercial terms and are not taken to imply any defi ned, specifi c qualities. The Codex Alimentarius apart, various sector-oriented international organizations take a more-or-less direct interest in protecting GIs; these include the International Wine Offi ce (OIV), founded in 1924, and the International Olive Oil Council (IOOC), formed in 1959. While GIs were merely peripheral to the fi rst general agreements, the eight signatory states of the 1951 Stresa Convention for cheese appellations of origin [...]... maintenance of origin products changed over time The regulation of indications of geographical origin began with wine trade, noted since the ancient Greek empire, and at different periods of time wine trade regulation was a basis for the establishment of dedicated legal systems and institutions for diverse GIs identifying food products (e.g olive oils, cheeses) Not only is wine one of the agrofood products... designations of origin 8 G Allaire et al and geographical indications jeopardized the reputation of the French ‘AOC’ (appellation d’origine contrôlée, or ‘controlled designation of origin , based upon the concept of terroir), which is similar to the European definition of the designation of origin, by using a lower quality requirement for GIs (whose reputation is enough for justifying the protection) Usage of. .. chapter explores the source of the specificity of origin products, and the rationality and rationales of the management and regulation of their production and marketing The Origins of Origin The idea of place-based products, recognized as such by consumers and traders for having specific qualities due to their geographical origin, is not new and many historical constituents of this practice are still... were exported out of the area of origin, or the exported products were basic commodities retailed without any indication of source There was ‘Roquefort’ or ‘wheat’ but no ‘oranges from Spain’ or ‘butter from Ireland’ (both considered indications of © CAB International 2011 Labels of Origin for Food (eds E Barham and B Sylvander) 13 Geographical indications (GIs) are a major subject of legal debates,... they were not consumed out of their region of origin, typical products were obviously not designated with a geographical name; as an example, it is only when it spread out of its domestic domain of Savoy in the Geographical Origin and Agro -Food Products south-east of France that the cheese called ‘Tomme’ (a dialect word for a type of cheese, also used in the neighbouring parts of Italy and Switzerland)... of industry’ system of governance), or after negotiations within producer and stakeholder organizations It can also proceed from the modification of legal requirements, such as sanitary regulations Transmission can be informal, through the circulation of know-how, or formal, through the codification of elements of production practice or of a set of characteristics considered as necessary attributes of. .. without any element of quality or reputation Lastly, the definition of appellations of origin is given in the 1883 Paris Convention and the 1958 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration: [T]he geographical name of a country, region, or locality, which serves to designate a product originating therein, the quality and characteristics of which are due... and why product origin matters in the processes of product qualification is still a question in economic and political debates Today, local producers along with international processing and marketing firms are © CAB International 2011 Labels of Origin for Food (eds E Barham and B Sylvander) conveyers of origin products through the global market Ways to valorize and regulate the origin of goods have evolved... to be exported (see ‘The Origins of Origin , Chapter 1) Wines and spirits were the main exceptions, along with some products from the colonies, such as tea and coffee As means of both transportation and food preservation developed, international trade and the diffusion of food cultures led to an increased recognition of the value of GIs Depending on the degree of reputation of a GI, this new context... Presumption of a link is cause enough for designating the protection of a GI GI products are those for which the origin is known and considered responsible 5 for ‘a given quality, reputation or other characteristic of the good’ (see Chapter 2) The GI embodies the essential quality or qualities linked with its origin, and is recognized as having utility and value for this reason The definition of a general