A geographical indication is a quality mark that protects the natural, human-made, or traditional characteristics of a product associated with a specific geographic region and guarantees its origin to consumers. These indications emphasize the connection between the product's quality, reputation, or other distinctive characteristics and its geographic source. Geographical indications can be used in various sectors, such as food, agriculture, mining, handicrafts, and industrial products.
Types
Geographical indications are divided into two main categories based on their level of protection.
Protected Designation of Origin (PDO) must have all production processes carried out within a specific geographical region. According to TÜRKPATENT data, approximately 40% of registered geographical indications in Turkey consist of designations of origin. For example, the registration certificate for Malatya Apricots explicitly states that all stages, from cultivation to packaging, must be carried out within the provincial borders of Malatya.
On the other hand, Protected Geographical Indication (PGI) considers it sufficient for at least one stage of the production process to take place in the specified geographical region. According to the Turkish Statistical Institute (TÜİK) 2022 reports, geographical indications constitute approximately 60% of all geographical indications. In the case of Afyon Sausage, while the requirement is that the raw materials must be sourced from the Afyon region, there are no geographical restrictions for other production stages.
Legal Basis
Geographical indications are defined by the World Intellectual Property Organization (WIPO) as "signs that identify products as originating from a specific geographical origin, where the qualities, reputation, or other characteristics of the product are essentially attributable to that geographical origin." In the Turkish legal system, this concept is regulated under Article 34 of the Industrial Property Law No. 6769. The law divides geographical indications into two main categories: designation of origin and geographical indication. At the international level, Articles 22-24 of the TRIPS Agreement establish the fundamental protection standards for geographical indications. International agreements such as the Paris Convention and the Lisbon Agreement also contain provisions for the protection of geographical indications.
Various systems exist for the international protection of geographical indications. The WTO's TRIPS Agreement provides minimum protection standards for geographical indications across its 164 member countries. According to WIPO data, as of 2023, the Lisbon System includes 29 member countries and has over 1,200 registered indications. The European Union's geographical indication system, according to 2023 data from the European Commission, contains more than 3,500 registered indications. While Turkey is a party to the TRIPS Agreement, it has not yet joined the Lisbon System. Under the Customs Union with the EU, 14 products from Turkey have obtained EU geographical indication registrations.
Examples
Geographical indications protect a diverse range of products worldwide. In Turkey, notable examples in the food category include Malatya apricots, Antakya künefe, Aydın figs, and Çorum roasted chickpeas. Traditional crafts such as Eskişehir meerschaum, Isparta carpets, and Devrek walking sticks are also protected under geographical indications. Among industrial products, Gaziantep copper handicrafts stand out.
The lambs from which geographically indicated Balıkesir lamb meat is obtained (Balıkesir Ticaret Borsası)
In European Union countries, food products such as Parmigiano Reggiano cheese, Champagne wine, and Roquefort cheese stand out with geographical indication protection. In the handicrafts category, Bohemian crystal and Delft porcelain are notable examples, while Solingen steel knives are prominent among industrial products.
In the United States, food products such as Idaho potatoes, Florida oranges, and Napa Valley wines have geographical indication protection. In the field of handicrafts, Navajo Indian weavings are noteworthy examples, while Kentucky Bourbon whiskey stands out among industrial products. These products reflect the cultural and economic values of their regions and are protected against imitations through geographical indication protection.
Application and Registration Process In Türkiye
The geographical indication application and registration process is a systematic procedure consisting of specific stages. Applicants include producer associations, cooperatives, consumer associations, public institutions and relevant professional chambers. Required documents for application include a technical report proving the product's geographical connection, production standards and specifications, documents showing the product is produced by traditional methods, and proof of application fee payment.
In the application process, TÜRKPATENT first conducts a deficiency check. If deficiencies are identified, applicants are given a 3-month period. Approved applications are published in the Official Gazette and a 6-month objection process begins. If no objections are raised during this process, the registration is completed.
During the post-registration period, product compliance with established standards is regularly checked. Inspection reports prepared within the audit mechanism must be submitted annually to TÜRKPATENT. This process aims to continuously maintain quality standards of geographically indicated products and ensure consumer confidence. When non-compliance is detected during inspections, necessary sanctions are applied.
Importance and Benefits
Geographical indications provide significant contributions in economic, socio-cultural, and legal domains. From an economic perspective, geographical indications offer substantial added value to local producers and enhance the marketing power of products. This system, which particularly boosts export potential, has led to visible increases in export revenues for registered products in the EU, as seen in the example of Malatya Apricots. Additionally, it supports rural development, strengthens regional economies, and serves as a deterrent to migration.
The economic impacts of geographical indications are demonstrated through various studies and concrete examples. In Spain, Jamón Ibérico (Iberian ham) alone accounts for 40% of the total value of geographically indicated products, showcasing the economic potential of this system. In Turkey, Gaziantep Baklava experienced a 65% increase in exports following its geographical indication registration. EU Research Data (2022) reveals that geographically indicated products command prices 15-30% higher on average compared to similar products. As an interesting statistic, these products are priced approximately 25% higher than their counterparts on average, with 78% of consumers willing to pay extra for them.
Gaziantep Baklava (Anadolu Agency)
The 2021 report from Spain's Ministry of Agriculture documents that the Manchego cheese sector has created over 12,000 direct jobs. From Turkey's perspective, according to TÜRKPATENT 2023 data, the export value of geographically indicated products has exceeded 1.2 billion US dollars. When examining sectoral distribution, it is observed that 68% of geographical indication applications come from the food sector. Regional analyses highlight Gaziantep (12%), Konya (9%), and Malatya (7%) as the provinces with the highest number of geographical indication registrations. The EU Commission's 2021 report reveals that geographically indicated products account for 15% of EU food and beverage exports, while in Turkey, this ratio stands at 7% according to TÜİK 2022 data. These figures clearly demonstrate that geographical indications create significant economic leverage both nationally and internationally.
In terms of cultural and social benefits, geographical indications play a crucial role in preserving traditional production methods and local knowledge. This system, which strengthens regional identity, also promotes tourism activities, as seen in the example of Gaziantep cuisine. From a consumer perspective, geographical indications guarantee product authenticity and quality, preventing counterfeit products from entering the market and establishing consumer trust.
On the legal front, geographical indications provide a robust protection mechanism. Rights holders can initiate legal action through courts in case of geographical indication right infringements. This system effectively prevents counterfeit uses and misleading promotions, maintaining market order. When all these benefits are considered together, it becomes evident that geographical indications contribute significantly not only economically but also to sustainable development in social, cultural, and legal domains.
