Registration of Geographical Indicators
Geographical indicators go back to the products associated with a geographical source, it highlights the particular place or area of production, identifies the qualities that characterize the product that belongs to this place, improves the transparency for the consumer about the source and materials of the products manufacturing, and shows the skills or technical knowledge.
Previously protected geographical indicators were limited to agricultural and food products. Currently, geographical indicators are given for manufactured products and natural resources, allowing companies to develop their products and technical capabilities, including exports, and to protect them illegally using such geographical names in France. In Lebanon, the draft law on the protection of geographical indicators defines, in article II, the geographical indicator as follows: “A geographical indicator is the name of a specific area or place or in exceptional cases, the name of a country indicating a product belonging to that area or place or of that country and having a particular quality, prominence or other advantage belonging to its geographical origin. Its production, conversion or preparation is carried out in that particular geographical area. The geographical indicator shall be protected when it is registered with the Ministry of Economy and Trade, in accordance with the conditions provided for in Chapter II of this Law. “
The Geographical Indicators Project was prepared in cooperation and coordination with the Geographical Indicators Committee, taking into account the provisions of the Trade-Related Aspects Convention (TRIPS), the provisions of European Decree No. 92 of 14 July 1992, and European Decree No. 2006/510 of 20 March 2006 on the protection of geographical indicators and names of origin. It was sent to the Council of Ministers on 24 March 2007. For its part, the Council of Ministers approved it through resolution No. 85 of 21 May 2007, The Council then issued Decree No. 573 of 27 July 2007, which was forwarded to the House of Representatives for examination and ratification and for the Ministry of Economy and Trade to be able to apply its provisions, particularly on the registration of geographical indicators and names of origin.
The implementing decree contains all precise rules and information concerning the application of the Law on the Protection of Geographical Indicators. This decree can be found in Lebanon’s Geographical Indicators Bulletin, the role of which is limited to providing the reader with some information in this regard in the absence of laws that should govern these subjects, which is still a draft law as referred to above, pending its adoption in the House of Assembly.
Here we need to look at the free trade agreement documented between Lebanon and the EFTA countries, which includes the countries of Switzerland, Liechtenstein, Norway and Iceland, where Lebanon and Switzerland have developed a bilateral technical assistance programme, which has included funding and management of a project for the protection of Lebanese geographical names. The project is implemented by the Minister of Economy and Trade in cooperation with a specialized working group within 18 months (July 2005 to K2 2006). The main objective of the project was to find an appropriate system for protecting Lebanon’s geographical names that would help to market high-quality products and maintain jobs in production centres.
This project prepared an interactive study on some Lebanese agricultural and artisanal products. The objective of the interactive studies is to identify potential products as geographical labels (high-profile products, associated with the geographical source with their possible export, and products with traditional labels). These products include: Hasbayya olive oil, Kura olive oil, Rmish olive oil, Tripoli soap, Sarfand glass, Shatwa brick, Tanayil brick, Araparis brick (with your cans, oats, Sheba ‘a), Human Shrimp cheese, Shanklish Rahba.
The study dealt with several key topics, product name, description, production type and form, market, production sequence, production area, rural development, consumer and consumption, legal frameworks. The French Ministry of Agriculture, on the other hand, funded a mission to study the olive sector and olive oil in Lebanon in the Hasbayya area, from 11 to 17 December 2005, and to explore the possibility of providing it with a geographical name. The results of field visits and studies carried out by the French Mission have shown that Hasbayya olive oil has all the qualifications to be protected as a geographical characteristic. But the question remains, have these studies been used? Especially with globalization and the consequent opening up of global markets, the geographical designation is the instrument that allows producers to compete globally, not only at the price level, but also at the level of quality and quality. Regrettably, despite the vitality of this topic and its importance in revitalizing the economy, these studies have remained not only on paper, but the draft Geographical Indicators Act has been on the floor of the House of Representatives for years.
We have tried to highlight this issue, despite the fact that no procedure relating to the registration and protection of any geographical indicator in Lebanon is currently possible before the bill’s adoption, as mentioned above, in view of its importance and its impact on the national economy.
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