Champagne or Sparkling Wine? Geographic Indications Protection in China

Posted on 6-Oct-2017 by Helika Jurgenson

As the food and beverage market offers many business opportunities to European SMEs as Chinese consumers are looking for healthy quality products, we have dedicated today’s blog post to geographical indications protection in China. Registering geographical indications in China offers another layer of protection to SMEs that are producing European high-quality products associated with certain regions or production methods.

What is a Geographic Indication (GI)?

“Champagne”, “Bordeaux”, “Parma Ham”, “Parmesan”. Each of these products, associated with certain regions, are renowned and trusted for their nature, quality and authenticity. As a consumer, you are probably more familiar with “Scotch”, “Cognac” and “Bavarian beer” than unnamed brands claiming to use the same ingredients. A GI is therefore a labelling that identifies a good as originating in a specific territory, region or locality, where characteristics of the good are associated with its place of origin.

GIs are protected by World Trade Organization (WTO) signatories, including all 28 European Union (EU) Member States (MS) and China – since 2001. This is designed to prevent unfair competition and to protect consumers from purchasing goods that misleadingly claim to be from a particular place.

Made in China?

China’s middle class is growing; as has its appetite for imported – predominantly Western – products. Younger generations spend significantly less time cooking than their parents and are increasingly quality- and status-conscious. In addition, food safety concerns in recent years have encouraged Chinese shoppers to more carefully consider the origin of the products that they consume. Purchasing patterns have therefore experienced a significant shift. Regarding food, large numbers of Chinese people are purchasing brands that are recognised for their quality and food safety standards – this has stimulated a rise in sales of Western goods. Similarly, while sales of traditional alcoholic drinks, like baijiu, still dominate in many places, individuals in wealthy Tier 1 cities are increasingly opting for higher-end Western wines, beers and spirits.[1] Continue reading “Champagne or Sparkling Wine? Geographic Indications Protection in China” »

Cleantech in Thailand: Some IP Considerations for the Rapidly Developing Market

Posted on 27-Sep-2017 by Helika Jurgenson

In today’s blog post we are taking a closer look at the IP protection in Cleantech industry in Thailand, which has in recent years attracted the attention of European SMEs as the market is offering many promising opportunities.

As Thailand is one of the leaders in South-East Asia region in terms of renewable energy solutions, especially connected to solar power, but also to biomass and hydropower, its market attracts cleantech companies from over the world. Given Thai government’s ambitious plan of achieving a 25% energy consumption from renewable energy sources by 2021[1], and the fact Thailand’s energy consumption is predicted to jump by 75% over next two decades[2], Thai cleantech market is expected to offer promising opportunities for European SMEs whose top-notch technology is especially sought after.

Because of the abundance of renewable energy sources, including sun, hydropower, and biomass, the country could become a true renewable energy powerhouse. Cleantech companies focused on solar energy, biosphere alternative energy systems, energy conservation and efficiency can find promising business opportunities in Thailand because these areas are also receiving the lion’s share of Thai government’s investments on renewable energy.

European cleantech companies should, however, pay attention to protecting their IP rights when planning their business strategy for the Thai market, because IP infringements are still relatively common in the country. Furthermore, cleantech industry tends to have high level of collaboration and licensing which make IP ownership the centerpiece of the business strategy. Well-managed IP is often a key factor for business success and neglecting to register IP rights in Thailand could easily end SMEs’ business endeavor in the country. Thus, a robust and integrated IPR strategy is needed, when entering Thailand’s market. Continue reading “Cleantech in Thailand: Some IP Considerations for the Rapidly Developing Market” »

The Next Vintage: The Future of Wine Anti-Counterfeiting; Advice from our Experts

Posted on 25-Sep-2017 by Helika Jurgenson

Today’s blog post will sum up our Wine series that we have been running for the past couple of weeks and discusses the future of IP protection in the wine industry.

Wine counterfeiting in China is at a critical stage for the European wine industry. In recent years we have had a taste of what Chinese consumption means to the European producers, with over a quarter of a billion litres of European wine consumed annually by what represents only a fraction of the potential market in China. As the market moves from commodity and gift wines to drinking ‘table’ wine, so do the counterfeiters, flooding supermarkets and restaurants with wines bearing (often validly registered) appellation marks which have no connection to the liquid inside the bottle.

Chinese palates are at a crucial developmental stage, and exposure to poor quality counterfeits of European wine not only damages profits, but also poisons the reputation of European producers in the Chinese marketplace. Competition with domestic producers is already fierce, and Europe’s wine industry can no longer afford to stand by and let this threat go unchallenged.

As we saw in our ‘Terroir IPR’ articles, producers do not stand alone in the fight against counterfeiting, and national agencies such as INAO, as well as regional regulatory bodies such as the CIVB are in working to register GIs and combat the most obvious fraudsters. These two organisations are a minority however, and their pockets alone are not deep enough to fund a comprehensive campaign. Without support of more organisations, and ultimately the producers they serve, they can only do so much to slow the poisonous effects of counterfeiting in China. Continue reading “The Next Vintage: The Future of Wine Anti-Counterfeiting; Advice from our Experts” »

Terroir IPR Part 1: Geographical Indications and IP Protection for Your Appellation of Origin

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Posted on 5-Sep-2017 by Jim Stoopman

The wine industry is characterised by a wide variety of producers, often very much linked to specific grapes, blends and terrains. The European Union has put in place a system of Geographical Indications (GIs), that are used to distinguish the origin of goods, often also linked to the quality and reputation of a specific product. In China, a large market for European wines, these GIs are as important, and once registered they are protected as trademarks. Nonetheless, as with trade marks, it is important to monitor the market for infringement of GIs and act against illegitimate users of your collective mark.
Wine has been classified by region for almost the entirety of its long and varied history, the Ancient Greeks stamped amphorae with the seal of the region they came from, and references to wine, identified by region are found throughout the Bible and other religious texts. Whilst this tradition of geographical identification continued throughout Antiquity and the Middle Ages, it was only in 1716, with the introduction of the Chianti region in Italy, protected by edict of the then Grand Duke of Tuscany.

Today, the concepts of appellation and terroir have spread around the world. France protects over 300 Appellation d’Origine Contrôlée (AOC)[1], and Italy over 400 Denominazione di Origine Controllata e Garantita (DOCG) and Denominazione di Origine Controllata (DOC) wines[2]. With similar systems and numerous varieties are grown and protected throughout Europe and the rest of the world, appellation of origin plays an important role in the classification of wines, as well as consumer decision making. As a result, the protection of the integrity of this classification system is of paramount importance to producers, distributors, retailers, and of course, consumers.

Protection of the appellation of origin of a product falls to the legal principles associated with so called Geographical Indications (GIs). Similar to trade marks, GIs are distinctive signs used to distinguish the origin of goods, thereby enabling consumers to accurately associate a particular quality or reputation with the products in question.

GIs differ from trade marks however in that rather than protecting a single producer’s rights, they protect a whole class, based on their geographical location and the production methods used. GIs therefore ‘belong to all those resident producers who comply with the specific by-laws and regulations set to ensure that the consumer ‘link’ between the quality /reputation of a product and its place of origin is maintained.[3]

Continue reading “Terroir IPR Part 1: Geographical Indications and IP Protection for Your Appellation of Origin” »

Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs

Posted on 2-Aug-2017 by Helika Jurgenson

Today’s blog post is taking a closer look at the proposed changes to Singapore Patent Regime and explains their implications to European SMEs wishing to patent their inventions in Singapore.

Singapore is currently in the process of amending its patent regime as the government has submitted the proposed amendments for public consultation due to end on 15 August 2017. Major amendments concern the examination guidelines on isolated products from nature; third party observations; patent re-examination option; the examination guidelines on the new patents grace period and amendments to Patents Rules concerning patentable subject matter and supplementary examination. The aim of these proposed amendments is improving Singapore’s patent regime and further increasing the confidence of stakeholders and investors in Singapore’s patent regime[1].

Patent examination guidelines on isolated products from nature

In order to have a more balanced patent regime, the Singapore Government is proposing to clarify the distinction between ‘inventions’ and ‘discoveries’ as applied to the issue of isolated products found in nature. According to the new proposal isolated or purified materials or microorganisms that can be found in nature would represent a discovery and would not be an invention – thus these materials or microorganisms would not be eligible for patent. At the same time, if a new use of the isolated or purified material or microorganism is found, then the new use can be claimed and it can also be patented. Furthermore, the new proposal states that “in the case of an isolated material or microorganism which has been modified such that the modified material or microorganism can be clearly distinguished from the isolated or purified naturally occurring material or microorganisms, then not only can the modified material or microorganism be claimed but also any new use of the modified material or microorganism”.[2] In this case both the new material and new use can be patented. Continue reading “Proposed Changes to Singapore Patent Regime and Their Implications to European SMEs” »

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