Traditional foods play an important role in; Local identity, Consumer behavior, The transfer of cultural heritage for future generations Traditional f

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1 GEOGRAPHICAL INDICATIONS Asist. Prof. Ümran Ensoy 1

2 Traditional foods play an important role in; Local identity, Consumer behavior, The transfer of cultural heritage for future generations Traditional foods have also become important instruments in marketing. In many countries, the demand for traditional foods is observed to increase. 2

3 Turkey carries many cultural and ecological differences It has a wide range of traditional products. Meat products (sucuk, pastırma, kavurma), Dairy products (tulum peynir,çökelek, ezine peynir) Fruit and vegetable products (pekmez, cezerye, tarhana) These products need to be registered with geographical indications to establish trust and to become brands on the market. 3

4 A traditional product is a product that has a certain traditional character, which distinguishes it from similar products. Baklava, pastırma, ayran, yogurt, cezerye When these are labelled with a GI, as is the case with Antep baklavası, Kayseri pastırması, They go beyond being a traditional product and obtain GI properties. 4

5 In GI registration, the aim is To protect the quality of the product To ensure standardized production To ensure that the producers of the product in the region in question benefit from the protection of the GI for that product. 5

6 As the registration of Turkish traditional foods with a geographical indication is only valid in Turkey, it is important to follow EU application procedures for them to be treated as registered traditional products in the EU. An application was made for GI-PGI registration for Antep baklavası in 2009, An application was made for PDO registration of Aydın inciri (Aydın fig) in

7 In Turkey, the Decree Law and Regulation no 555 on the Protection of Geographical Indications has been in force since An amendment was made in the decree law on and in the regulation in According to Decree Law, the Turkish Patent Institute is the authorized organ for the registration of geographical indications. 7

8 The EU has special systems for the protection of traditional foods such as Protected Designation of Origin-PDO, Protected Geographical Indication-PGI, and Traditional Specially Guaranteed-TSG TSG. Turkish legislation does not include a seperate registration system for products with traditional features. 8

9 Protectıon of Geographical Indications in Turkey RELATED LAW-COMPETENT AUTHORITY Decree-Law no 555. The Implementing Regulations Under the Decree Law no 555; Article 1: This Decree Law aims hereby, to protect natural, agricultural, minig and industrial products and handicrafts under geographical signs when they are in conformity with the provisions of the Decree-Law Article 2: The body authorized for the registration of geographical signs is the Turkish Patent Institute. 9

10 Definitions: Designation of Origin: Two criteria shall be satisfied; First, the quality or characteristics of the product are essentially or exclusively due to the inherent natural and human factors of that geographical area The production, processing and preparation of the product take place within the geographical area 10

11 Definitions: Geographical Indications Two criteria shall be satisfied A specific quality, reputation or the other characteristics of the product should be attributable to that geographical area At least one of the activities of the production, processing or preparation of the product should take place within the geographical area 11

12 Specific Cases: Followings cannot be registered: Generic names Names of plant varieties, animal breeds or similar names, if misleading Names of contrary to public order and general principles of morality 12

13 RIGHT of APPLICATION Natural or legal persons who are producers of the product Consumers associations Public institutions related with the product or the geographical region 13

14 SPECIFICATION Name Information about the applicant General information about the product, production method Borders of the production area The link between the product and the area Reasons to be a GI Inspection structure and labelling details 14

15 PROCEDURE Examination Completing the missing formal information and documents Checking the application with an expert impartial organization Publication in National Official Gazette, 2 highly circulated newspaper, 1 local newspaper 6 months duration for the objections If no objection, registration If objection comes, reports from expert organizations are asked and decided accordingly 15

16 INSPECTION STRUCTURE Sufficient qualified staff Equipment and resources to inspect The production Marketing Medium of use of registered designation of origin or geographical indication Labeling details of the product bearing the protected geographical sign 16

17 SCOPE OF PROTECTION Exploiting the reputation of the registered Name or a use of the name in respect of products similar or comparable to the products registered Indicating a real geographical place as a word conveying a false impression as to the origin of the product- style, method, type, as produced in False or misleading indication as to the origin, nature or essential qualities of the product, on the packaging, on advertising material or on documents relating to the product 17

18 Packaging or representation of the product which is liable to convey false impression as to its origin or any other practice liable to mislead the public To participate, to assist, to encourage or to facilitate in whatever form the acts referred in above sentences. If there is an infringment, 2-4 years imprisonment, depending on the act Euro fine, depending on the act 18

19 As a conclusion; The value of traditional foods as an element of cultural heritage and their protection is important. GI registration of traditional foods in Turkey is in progress. Considering the traditional food diversity in Turkey, the number of registered GI foods should certainly increase. 19

20 Thanks for your attention 20