IPC Assessment 1 - speech PDF

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IPC Assessment 1 FORMAT: Prepare a 5-10 min presentation in a format suitable to be loaded onto the Teams site for this subject. An annotated (pre-recorded) PowerPoint is recommended, but other options can be discussed, provided they can be uploaded to Teams and viewed by the class. WHAT TO COVER: In your presentation you should explain the background to your topic (i.e., what is the scientific / business / news item or development involved), explain the relevant area of law (being quite specific here) and identify the connection between them – ideally answering a specific question if possible. For instance, ‘should patents be granted over human genes?’ or ‘does the destruction of statues violate the creator’s moral rights?’. Think of this as ‘promoting’ a topical IP issue that you’ve located to the rest of the class. To narrow down your topic, try searching within The Conversation, the Australian Intellectual Property Law Bulletin (in ‘Lexis Advance Pacific’ via the UTS Library site) or doing a UTS Library or Google Scholar search for relevant articles and/or ideas. Reputable Australian news sources (e.g., opinion / long form reports on the ABC, The Guardian, the Australian, etc.) are also a good source of ideas to start you off but should not be relied on solely for this exercise. You will need to research the relevant laws in the textbook, and ideally beyond that, to ensure you include an adequate explanation of the legal context to your topic. In all cases, I’m very happy to help you with what your topic could cover and to guide you towards relevant reference materials. The topics below are described quite broadly, and most will become more specific as you work on them. Please contact me if you would like some help with this. Geographical indications (Champagne, etc) -

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What are geographical indications (GIs)? o Geographical indications or GIs identify goods originating in particular regions or locations where a “particular quality, reputation or other characteristics of the good is essentially attributed to that geographical origin” o Goods can include cheeses, meats, silks, wines, potteries etc. o Attributes the goods may be derived from are:  The method of production. Eg.  The ingredients used. Eg. Amalfi lemons (Sfusato Amalfitano) with unique characteristics used for making Pallini Limoncello are protected lemons that can only be grown on the Amalfi Coast of Italy.  The environmental or agricultural features of the region which give the product its distinctive qualities. Eg.  A strong reputation that may have developed in the region for producing a particular good of a certain quality over time. Eg. Champagne with a strong reputation of being produced in the Champagne region of France. o GIs also have a particular set of rules in accordance to the good the GI is attributed to, in which any good that attempts to use a registered GI in its name must follow certain guidelines that ensure the correct qualities or characteristics of that good. Eg. the Amalfi lemon must not be treated with any pesticides to ensure they are completely organic before using the peels used to produce Pallini Limoncello. This ensures a high quality product without the presence of harmful chemicals that can affect Pallini Limoncello’s distinct flavour. Relevant law area is trademarks and passing offs Australia’s GI System or How do you trademark a GI? There are two ways in Australia to trademark and register a GI. All goods can register for a GI trade mark through the certification trademark system (CMT) of the Trade Marks

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Act 1995 (Cth). Wines can register via the legislative framework of the Wine Australia Act 2013 (Cth). o GIs for all goods registered through certification trademark system (CTM) of Trade Marks Act 1995  CTM submitted to IP Australia, reviewed by ACCC, GI becomes open to opposition, if none the GI will be registered o GIs for separate system by Wine Australia in Wine Australia Act 2013  Same process but through Wine Australia? “Should geographical indications be protected?” Benefits of GIs: o GIs can be very powerful marketing tools, especially if the GI is from a region with high consumer recognition. o They ensure that the goods purchased are of a sufficient quality and meet the requirements of the GI. This is beneficial to consumers as they know exactly what product they are purchasing, and the seller as this guaranteed high quality of good allows them to increase the retail price. o Lastly, GIs greatly benefit producers as it allows them to prevent free-riding and undermining the valuable reputation of a specific region, by creating products that do not follow the guidelines of the GI thus presenting different qualities or characteristics unrelated to that GI.

Script Today I’ll be going over Geographical Indications or GIs in terms of how we use them, the specific guidelines that come along with applying for a geographical indication as well as the guidelines associated with using a registered geographical indication on a specific good. And essentially answering the question of why we use GIs and their significance to us and the global economy. So firsty, what are Geographical Indications of GIs. By definition a geographical indication is used to indentify goods originating in regions or locations where a particular quality, reputation or other characteristics of that good is attributed to that geographical origin, and we’ll be getting into just what types of attributes these can be and some real world examples. These goods can include anything from wines like champagne or burdundy, cheeses like camembert or parmigiano Reggiano, meats like pancetta of guancale, teas like Darjeeling as well as various agricultural produce, silks and pottery or ceramics and so many more. So what attributes specifically will examiners be looking for when assessing the suitability of a good to have a registered GI? The first is method of production, so how exactly that good is produced in that geographical location of origin. This can be anywhere from how many days a cheese or wine is aged, to the conditions they are aged in, to the length of mixing times and so many other factors that come into play. The next is the ingredients used. What grapes do a specific wine use, or the milk of what animal is used to make this cheese, even thing like the ingredients in fertilizer for produce, the list goes on. The next is environmental or agricultural features of the geographical location. What is the climate associated to that area? What are the soil conditions? And lasty is a strong reputation for a particular good associated to that ragion. So any famous wine or cheese or any other good that you could

think of would definitely qualify in this category. Not all of these attributes are required to register a GI, but at least one of them is needed to be considered. An excellent example of almost all the previous attributes mentioned is the Amalfi lemon. A protected and unique lemon in appearance and flavour associated with the Amalfi Coast of Italy. Amalfi lemons are mainly used to produce Pallini Limoncello, the largest export of the Amalfi Coast. The methods used to produce the Amalfi lemon involves absolutely no pesticides applied to the lemons so they are completely organic, ensuring no harsh chemicals from the rind end up being extracted when producing g limoncello. The lemons themselves are completely different to regular lemons, with some reaching the size of a human head, and the flesh having a much sweeter flavour, and the rind having virtually no bitterness while being much more rich in natural oils and fragrance. Amalfi lemon farmers use a specific fertilizer which is essentially an special ingredient unique to the Amalfi lemon, and lastly the specific environmental conditions of the Amalfi Coast such as their climate and soil conditions play an extremely important role in the final product of the Amalfi lemon, which is another reason why Amalfi lemons cannot be grown in any other part of the world to the same quality. This all really ties into the rules that an Amalfi lemon grower or any producer of registered GI goods need to follow in order to sell their product, with the main rule that all goods must be produced within that geographical location. So how do you register a geographical indication. Every country has a different method for the process involved with registering a GI, however in Australia we have two methods. The first is applicable to any good being register for a GI and this can be done through the certification trademark system of the asutralian trade marks act. This process involves sending a CMT application to IP Australia which is then reviewed by an examiner that assesses the attributes mentioned previously. If the examiner deems the GI to have significant attributes, the application is the passed onto the Australian Competition and Consumer Commission or ACCC to assess the GI under competition and consumer laws. After this the application will be opened up for public comment and published for opposition. So for example if a GI was applying on the grounds of having a strong reputation for a particular good, this would be investigated by asking the public if they are aware of this geographical region and the good that is associated with it. The second method is via an application through Wine Australia via the legislation of the Wine Asutralia Act. This method is almost identical to the previous, however only wines can apply. So all of this brings us to why do we use GIs in the first place. What can they offer us and the rest of the world? The first reason is that GIs can be an extremely effective marketing tool, if a good has a very recognisable GI, consumers are going to know exactly what that product is and where it came from, increasing the chances of a consumer wanting to purchase that product. The second is that GIs ensure that a particular good is of a sufficient quality as it has gone by the quidelines of production, indgredienta, and other factors that may be associated with that GI. This is beneficial to both the consumer and the producer, as it informs the consumer of the exact quality of the product they are purchasing, and allows producers to increase the selling price of their goods. Lastly, GIs are extremely beneficial to the economy of the regions the are originating from, as they prevent other producers from producing the same product without abiding by it’s strict guidelines. Especially in regions like

Europe, GIs account for the majority of exports in their respective geographical origins, and provide excellent job opportunity for locals. Thank you for listening....