Reform Proposals on the Geographical Indications of the European Union for the Protection of Traditional Knowledge

Abstract

This paper focuses on the revision of the “sui generis”system of geographical indications in the European Union, one of the most debated instruments protecting intellectual property. Here,we suggest fundamental improvements to increase the transparency and thereby the information-economic function of geographical indicators (Protected Designation of Origin, PDO; and Protected Geographical Indications, PGI) and to incorporate in their goals the protection of traditional knowledge about distinctive features of local food culture. The paper firstly proposes to abolish the category of Traditional Speciality Guaranteed (TSG), which shares many characteristics with geographical indications and can therefore lead to confusion among consumers. In addition, two potential alternatives for reform are discussed from an information economic and cultural property perspective, concluding that a concentration on PDO as the sole form of protected status is preferable over the alternative of transparently displaying the origin of the raw materials and differentiating the forms of protection PGI and PDO. With this recommendation, this paper contradicts the reform proposal previously suggested by the European Commission.