Some products become synonymous with the region where they are produced. To protect the rights and existence of these products for many years, a geographical indication is necessary. In this article, we will explain what a geographical indication is and what it means. geographical indication application We will seek answers to questions such as how to do it.
What is a Geographical Indication?
If the primary characteristic that distinguishes a product from similar products is the region in which it is produced, the term "local" is used for that product. Local products are identified with and associated with the region in which they are found or produced. The markings that legally identify such products as regional are called geographical indications. Examples of products with geographical indications in our country include Antakya kunefe, Kayseri pastrami, Kars kashar cheese, Amasya apples, Malatya apricots, and Antep baklava.
In order for a product to receive a geographical indication, it must have the following characteristics:
– Located within an area with specific geographical boundaries
– It is a product that is created as a result of the features of this field.
– It has a characteristic feature and this characteristic feature is associated with the region where it is located.
Applications for geographical indications can be made in two ways: origin and source:
– An application for a designation of origin states that all the characteristics of the product in question are directly linked to the region in question. From this perspective, it establishes that products of the same type grown or produced in other regions are not the same as the product that has earned a geographical indication.
It's given to products with clearly defined geographical boundaries, that are unique to that region in all their characteristics, and that cannot be produced outside that region. For example, Afyon clotted cream, Finike orange, Anzer honey, and Van herb cheese.
– While the origin application is more flexible in terms of the region, it also recognizes the product's characteristics and production methods, certifying its distinctiveness. In this case, even if the same product is produced in different locations, regardless of geography, it must retain its unique characteristics.
It is awarded to products with clearly defined geographical boundaries, but with distinct characteristics specific to that region, and at least one of the production, processing, or other processes performed within the boundaries of the designated geographical area. For example, Akçaabat meatballs, Balıkesir höşmerim dessert, Adana kebab, and Antakya künefe.
How to Get a Geographical Indication?
For those wondering how to obtain a geographical indication, this section of our article will cover the topic of geographical indication applications. First, determine whether a designated local product should be applied for a designation of origin or a geographical indication. Afterward, the relevant documents can be prepared and a geographical indication application can be submitted with the Turkish Patent and Trademark Office.
Applications for geographical indications are evaluated by TURKPATENT in accordance with the procedures and principles set forth in Industrial Property Law No. 6769 and its regulations. Applications are submitted through TURKPATENT's electronic application system, EPATS. Accordingly, applicants should prepare the following in advance:
Application form containing necessary information about the applicant,
· Explanation of whether the request covers geographical origin or geographical indications,
Documents proving the eligibility of the application to be evaluated,
Documents and information that serve as evidence regarding the product's description and production method,
Detailed information about the geographical area,
Documents and information that clearly demonstrate the relationship between products and production methods and the geographical area,
Documents explaining the historical process of the production of the product in the region in question,
· Undertakings and audit criteria regarding audit processes,
Documents such as symbols, labels and packaging that determine the use of the geographical indication
Geographical Indication Approval Process
There are several important points to consider within the scope of Industrial Property Law No. 6769. Prior to the geographical indication approval process, one of the most important points to understand is that geographical indication applications do not grant individual rights. The rights obtained through the application are not owned by a single person but are offered for the joint use of all producers in the region where the product is produced.
In this regard, the application must be made by producer groups, associations and foundations authorized for the product, or public institutions related to the geographical region.
The Turkish Patent and Trademark Office may request review from relevant experts, public institutions, or universities to substantiate the technical information submitted during the application phase. The cost of the review requested by the Office is paid by the applicant.
You can call us now to benefit from the expert and experienced staff of Destek Patent for your geographical indication applications, which are of great importance for the preservation of our traditional and cultural values and their survival for centuries.
Some Products with Geographical Indication
After learning how to obtain a geographical indication, let's take a closer look at which products are eligible for registration:
In the handicrafts category, the Yağcıbedir carpet, the Bursa knife, the Edirne fruit soap, the Nallıhan needle lace and the Gaziantep Kutnu fabric constitute the best examples.
Among the agricultural products, Kars honey, Antep pistachio, Taşköprü garlic, Gölbaşı love flower and Çelikhan tobacco are among the products with geographical indication.
Our country boasts a food diversity as rich as its agricultural products. This list includes Antep baklava, Bursa chestnut candy, Maraş tarhana, Edirne fried liver, and many more.
In the animal category, the Sivas Kangal and the Kars Turkish Shepherd Dog have geographical indications.
Among natural stones and minerals, Afyon marble, Eskişehir meerschaum and jet stone are among our geographically indicated values.
Providing professional consultancy services to manage and supervise your application processes Support Patent You can get help from our team.
