Spirits producers to adopt geographic indicator seal
Published:Sunday | September 25, 2011 | 12:00 AM
Producers of spirits would be the first to adopt the geographic indicator (GI) seal giving protection from counterfeiters of their products internationally if, as indicated, they go ahead with implementation by December.
At the same time, the Jamaica Intellectual Property Office (JIPO), the Government's copyright body, said it was pushing to also prioritise giving protection to coffee and jerk seasoning producers from international counterfeiters.
A geographic indicator is a sign used on goods, symbolising the country of origin and gives an indication of the product's quality and reputation.
"The protection of products such as Blue Mountain Coffee, Jamaica Jerk, and Jamaica Rum as geographical indications in Jamaica will open the way for registration of these products in other parts of the world, such as the European Union," executive director of JIPO, Carol Simpson, told participants at a seminar on 'Protecting Geographical Indications in Jamaica' at the company's Trafalgar Road, New Kingston, office last Wednesday.
Howard James of the Spirits Board Association told the seminar that rum producers plan to fast-track receiving the island's first geographic indicator by December, this year
But Chris Gentles, head of the Coffee Board, and Andre Brissett representing jerk producers, were unable to reveal timelines for the conclusion of negotiations to have the system in place.
"We have reached the stage where the horse is at the water. Now it is time for the horse to drink," stated Gentles, who explained that coffee growers were concerned about the cost of obtaining the geographic indicator, priced at $30,000. He also questioned its relevance.
"We require a leap of faith for the producers to embrace this," said Gentles. "We are calling a meeting for October for the next step, which is the signing of a code of practice."
But JIPO is confident of its benefit to Jamaican producers, arguing that it would discourage exploitation of the Jamaican name and brand products.
Unfair practice
"Over the years, unscrupulous entities have been exploiting the name Jamaica and Brand Jamaica products," said Simpson. "These infringements must seriously be addressed as they deprive Jamaican producers of earnings from their genuine products and damage Jamaica's reputation," she explained.
She went on to say that "this unfair practice discourages Jamaican producers and creates confusion in the minds of consumers, who are unable to distinguish between the genuine and the counterfeit products".
Simpson noted that over the years the exploitation of brand Jamaica products has occurred "with little or no recourse to our people and country as a whole."
She went so far as naming an international food distribution company which has been producing jerk seasoning.
Simpson said "some may ask, why not take them to court?"
But she explained: "That will be an expensive process, even for producers. Rather, we should work with our producers here in Jamaica to put out the authentic Jamaican products. Europeans and others are very discerning and do not want jerk made in Wisconsin or elsewhere."
Simpson said jerk seasoning was being produced in the Dominican Republic under the brand name of the company, which specialises in, among other things, drinks and breakfast products.
JIPO views the adoption of the geographic indicator label as a method to counteract unauthorised usage of Jamaican products by international producers.
JIPO initially wants jerk, rum and coffee producers to adopt this label or seal, then widen its scope to encompass other products. The adoption of the indicator would essentially block the sale of non-Jamaican made jerk, coffee or rum products into mainly the European market.
The United States has been reluctant to adopt geographic indicators as many unauthorised products are made by its large immigrant population, Simpson suggested.
Those pushing for the adoption of the seal argue that such a system will assist in addressing the problem of "counterfeiting" of Jamaican products, including 'Jamaican style Jerk' from the United States, and coffee labelled 'Blue Mountain' from South Africa, Kenya and other countries of Africa.
However, obtaining a GI is a rigorous process and one step involves cooperation among competitors in developing a code of practice.
In 2008, the Swiss government granted US$730,000 to develop a system of geographic markings for Jamaican products.
The funds were distributed through the Swiss Federal Institute of Intellectual Property. It is intended to give life to the seven-year-old law, the Protection of Geographical Indications Act, passed by the Jamaican Government in 2004 in accordance with Jamaica's obligations under the Trade Related Aspects of Intellectual Property Rights, an agreement on property rights within the World Trade Organisation.
Geographic indicators are used as a marketing tool in the sale of niche products worldwide and is particularly beneficial to regions known for small-scale production that rely heavily on traditional methods, reputation and know how.