Advantages and Disadvantages of a GI System in Morocco

For example, appellations of origin, a particular type of GI, are protected under the Paris Convention for the Protection of Industrial Property and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. All GIs are protected under the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). According to the TRIPS Agreement, GIs are indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographic origin. The TRIPS definition requires a sign to meet a few essential elements to be considered a GI. First, the sign identifies the products as originating in a particular geographic location. Second, the products that bear the sign are from that geographic location. Third, the products possess a quality, characteristic, or reputation that is essentially attributable to the geographic location where the product originates. The quality, characteristic, or reputation may result from natural factors, such as climate, soil composition, etc., or from human factors, such as know-how. Most commonly, a GI consists of the name of the geographic location where the goods originate and may also incorporate a design. However, a GI may consist of a design without any wording or even non-geographic wording. The key is that the sign identifies the product as originating in a particular geographic location and signals to consumers that the goods feature a quality, characteristic, or reputation that is essentially attributable to that geographic source. Thus, a GI is simply a tool that helps consumers differentiate between products by leveraging the reputation of the geographic location as a production site for goods that have particular desirable qualities such as a particular taste, smell, texture, longevity, high quality, etc. The function of a GI is very similar to that of a trademark. Both are signs used to help consumers differentiate between products. A trademark is any sign, or combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. They are used to inform consumers as to the source of the goods, and the particular source of the goods informs consumers as to certain qualities or features of the product. For example, a consumer who purchases a Coca-Cola brand beverage knows, based on prior experience with the product or its advertising, that it consistently will have a particular taste. The chief difference is that because a trademark can consist of any sign that distinguishes the source of the goods, a trademark can leverage the reputation of an individual, institution, government entity, producer collective, any other form of commercial enterprise, or even the geographic location of the goods. While TRIPS mandates protection for GIs, it does not dictate the particular means by which the protection must be implemented. Currently, there are two primary approaches to implementing GI protection. One is the sui generis GI system, a regime specifically established for the protection of GIs. The key distinguishing feature of a sui generis GI system is the level of government involvement in the registration and enforcement of the GI. Typically, the application process will require submission of technical information about the production standards as well as the defined geographic area identified by the GI. The government then evaluates the GI-ness of the product, i.e., evaluates the information submitted with the application to ensure that the GI meets the technical requirements for registration. The government typically also provides ex officio enforcement of the GI. The GI holder may be required to report infringing products, but the government typically undertakes the burden of evaluating the validity of the infringement claim and removing infringing goods from the market. The government may also conduct quality control testing to ensure that the GI is being used correctly. In Morocco, the sui generis GI system is used to protect GIs. The Moroccan Office of Industrial and Commercial Property (OMPIC) is responsible for the registration and enforcement of GIs. The application process requires submission of technical information about the production standards as well as the defined geographic area identified by the GI. OMPIC then evaluates the GI-ness of the product to ensure that it meets the technical requirements for registration. OMPIC also provides ex officio enforcement of the GI, and the GI holder may be required to report infringing products.