Typicity

How define traditional food products ?
Geographical Indications, Appellation of Origin, Terroir…
http://masterfoodidentity.com
IP Traditional Food
in combating
foodborne pathogens
2 July 2012
Dr. Philippe Mongondry
Ecole Supérieure d'Agriculture, Angers, France
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Summer Program 2012
1- History and signs of quality in Europe
2- World situation for Geographical Indications
3- Definitions & concepts
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
traditional food products, typical food products,
localized food products, local food products,
regional food products, nostalgic food products,
place-based food products, Terroir food products,
vs.
food products
GI, AO, Collective marks
vs.
Standard, trademark
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
You said
Traditional food product ?
Tradition means oral transmission, means linked to a territory
Question: Reasons of extension or not of the tradition in a bigger territory ?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
1. At some time, traditional food products were just (local) food products…
…with science and knowledge, standardisation of food appears but
everywhere traditional ways of production still remain!
- Specific environmental conditions :
Landscape, weather, soil, plants, animals…
- Human factors :
Community: Habits, Culture, Religion,
No fridge, how to preserve food?
Good ideas & development of know how
interactions
+ =
Specific food
products in
localized area
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Geographical Indication: a very old habit, almost universal habit…
2000 years ago…
Roman trade, amphora of 40-50 AD
(found in a wreck in Mediterranean sea in 70s)
Gastronomic menu in Angers 1903
Xeres and Porto wines
are proposed in a medium
size town in France
Proof of the Reputation
over countries of a food
product
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Geographical Indication: a very old habit, almost universal habit…
1.
…but a very modern and recent legal notion in the EU
from 1992 then 2006 only !
European Regulation EC 510/2006
• "Designation of Origin" means the name of a region, a specific place or, in
exceptional cases, a country, used to describe an agricultural product or a foodstuff:
- originating in that region, specific place or country,
- the quality or characteristics of which are essentially or exclusively due to a
particular geographical environment with its inherent natural and human factors, and
- the production, processing and preparation of which take place in the defined
geographical area
• "Geographical Indication" are indications which identity a good as
originating in that territory, where a given quality, reputation or other characteristic of
the good is essentially attributable to its origins
• And also Terroir and Typicity
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
GIs : old habits but legally recent in EU
How and why ?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
A little reminder of the European quality policy history
Before the 90s, over 600 Trad. Food Prod in circulation in EU without clear rules
60's & 70's 80's Early 90's Late 90's
CMOs
Marketing
standards
Wine
Labelling
rules for
quality wines
EU quality
schemes
Organic
farming
PDO - PGI
TSG
Sanitary
crises
Reinforcing
food safety
rules
2003 CAP
Reform
Focus on
quality
1.
Conditionality
of EU direct
payments
(quality from producers)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Policy complexity in EU
• Marketing standards and EU quality schemes have developed over the years
• Piecemeal changes —instrument by instrument, sector by sector
• Private and national schemes have grown exponentially in recent years
The result?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Official Signs of Quality in the European Community
Protected
Designation of
Origin
PDO
Strict, trusted by
cheese and wines
Protected
Geographical
Indication
PGI
Less strict, larger
area of Production
Traditional
Specialty
Guaranteed
TSG
mostly Belgian beers,
very few
Territory values Mode of production
These signs of quality are NOT trademark and NOT own by a
company but ruled by the European Community
http://ec.europa.eu/agriculture/quality/leg/index_en.htm
1.
Organic label
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
1.
Why do we need official Geographical Indications ?
1. local production in specific area
of a food product
5- GIs: procedure to dvlpt market
and protect against usurpation
(need years to get it)
2- Organization of a collective
know how and culture
3- Development of notoriety
and recognition by consumers
and producers of the typicity
of the product
4- Dvlpt of the market
outside the area (regional,
national, international)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Objectives of the rule of the EC
n°2081/1992 (also in CE 510/2006)
P.D.O P.G.I
- Facts & figures (DOOR database)
•Diversify the farm production,
•Promote traditional food products,
•Increase the income of farmers,
•Keep rural population in their original area,
•Give better information to consumers.
February 2011 : The 1000 th was registered food product by EU
June2012 : 1096
In 2012, the wholesale turnover of PDO-PGI
514
PGI
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was over 14.5 billions €
PDO
http://ec.europa.eu/agriculture/quality/leg/index_en.htm
545
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Geographical Indications in Europe
By country By product type
DOOR: Database for registration of food products
http://ec.europa.eu/agriculture/quality/door/list.html
E bacchus : Database of GI for Wines in EU and Third countries
http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm
http://ec.europa.eu/agriculture/quality/schemes/index_en.htm
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Registration scheme to GI for Food Product in the EU
http://ec.europa.eu/agriculture/quality/schemes/index_en.htm
About 3 years
processing by
national body at
EU level
About 3-4 years
Processing by EU
at World level
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
OK inside EU.
And the reality abroad ?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
2. World situation for the traditional food products
• Rules are discussed at WTO & WIPO
World Trade Organisation & World Intellectual Property Organization
• Geographical Indications and Designation
of Origin exist but are exceptions (so far)
The texts:
- Rules of Origins TRIPS agreement
WTO 1994 (Annexe 1A, article 9.1.b)
WTO 2011 TRIPS article 22 and 23
Europe 2011-13? "Quality Package"
Quality
Package
Milk
Package
Reform of the CAP
UNESCO 1964:
Cultural and
environmental aspects
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
World situation for the traditional food products 2.
Paris Convention 1883 for Intellectual Property
the use of trademarks (then Madrid 1891)
WIPO
171 Member States
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
World situation for the traditional food products
Lisbon Agreement in 1958
for the Appellations of Origin and their international Registration
WIPO
In 2011, 27 Member States
About 900 AO
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
To summarize the situation in EU…
Indication of source (IS) Madrid 1891
Geographical Indication (GI)
Protected Geographical Indication (PGI in EU)
Appellation of Origin (AO) Lisbon 1958
Protected Designation of Origin (PDO)
National systems (AOC Fr, DOP Pt,It)
… from the more to the less strict protection.
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
The complexity of the real world
- Inside EU
• PDO and GIs
• Collective and certification marks
- Outside EU
Lots of situations coexist !
Right use of Gis is decided case by case
• Bilateral or multilateral negotiations (by sector or by countries/EU; TRIPS, Lisbon,
Madrid, Paris)
• with national trademarks (EU, countries in third countries)
• An other solution is the Cooperation between parties (10 to 10 EU with RPC)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Traditional food products
The concepts,
The definitions.
PS: for trad. food prod., many ways of definitions exist and these definitions depend on
the entity which define it…
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
3. Official definitions and concepts
Official definitions from the EC of :
Appellation of Origin
PDO and PGI
Terroir
Typicity (Typicality)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Lisbonne Agreement 1958
GI and Appellation of Origin
• An "Appellation of Origin" is a special
kind of geographical indication. It
generally consists of a geographical name
or a traditional designation used on
products which have a specific quality or
characteristics that are essentially due to
the geographical environment in which
they are produced. The concept of a
geographical indication encompasses
appellations of origin..
From the world summit, GI and AO
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
The 1 st step in EU: AO in EU
Rules of 1992
Appellation of Origin in Europe
•"Appellation of Origins" means
the geographical name of a
country, region or locality, which
serves to designate a product
originating therein, the quality
and characteristics of which are
due to exclusively or essentially to
the geographical environment,
including natural and human
factors.
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
European Regulation EC 510/2006
• "Designation of Origin" means the name of a region, a
specific place or, in exceptional cases, a country, used to
describe an agricultural product or a foodstuff:
- originating in that region, specific place or country,
- the quality or characteristics of which are essentially or
exclusively due to a particular geographical environment
with its inherent natural and human factors, and
- the production, processing and preparation of which take
place in the defined geographical area
• "Geographical Indication" are indications which identity a
good as originating in that territory, where a given
quality, reputation or other characteristic of the good is
essentially attributable to its origins
2006: official and current regulation in EU; PDO & PGI
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
You said
Terroir ?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Terroir : latin origin territorium,
Un peu d'histoire…
Tiroer : feodal possession and farm annuity
17 à 20 th : pejorative notion due to ennoblement of urban way of life.
end 19 th beginning 20 th : nostalgy of countryside vs.industrial world (Georges
Sand, Colette, Jean Giono, M. Genevois) Terroir get back its reputation.
end 19 th : Phylloxera decimate vineyards
Law 1905 : Appellation d'origine agricoles and Fraud Control
1919: Legal definition of appellation of origin in France
1935 : J. Capus creation of AOC for Wine and Spirit
1970 : reputation back for consumers
1980 : Large Marketing but without any regulation
1994 : Symposium INRA-INAO in EU : link to terroir
In EU 2006 : Proposition of a scientific definition to
UNESCO ( biodiversity of culture)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Definition of Terroir
April 2006 (2010 OIV)
• A terroir is (1) a delimited geographical area (2)
•where a human community (3) over the course
of history generates and accumulates a
collective body of production knowledge (4) based on a system of
interactions between biophysical and human factors. (5) The
sequence of social-technical steps involved (6) reveals originality,
(7) confers typicity (8) and earns a reputation (9) on a good
originating in the geographical area in question.
OIV: Organisation International de la vigne et du Vin
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Terroir Food Products
4 essential and interdependent points
1. Coming from a human community, collective
2. Delimited territory
3. Interaction Area – Biology – Human know how
4. Necessity of a typicity (evaluated par both human
community producer AND consumer-connoisseur ) means
reputation
Opened to market and innovation
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
You said
Typicity ?
PS: The typicity; a definition still in development…
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
TYPICITY :
No center as reference but more like a family resemblance
Casabianca, 2005
A
B
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
TYPICITY : definition still in development…
Typicity is the property to be part of a type, based on human factors of
recognition :
• Being part of a type is described by characteristics of technical aspects
(agronomic, livestock production…), but also social and cultural aspects
(chosen/selected/identified by a human community which generate the typicity and describe it).
These characteristics give the specificity of the type and create the
identification of the type.
• Typicity ≠ specificity
• Specificity: characteristics which permit to differentiate the species (measurable,
observable)
Casabianca, 2005
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Do not confound typicity and quality
• Difference between norm and type:
- Define a norm = describe a criteria and tolerate variations regarding the criteria.
- Define a type = indicate what the normal type is and the variety in production.
Internal variation exists
- A good product may not be typical.
- A product with defaults regarding standardization can be typical.
- Some default from standard may create typicity!!
- An applicant product to a type can be refused for defaults of quality as soon as
these defaults are not compatible with the type.
Casabianca, 2005
In both case, it is a demarche of normalization but for typicity, there is
not a unique or better type: there is no center
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Definition of Typicity
April 2006
•The typicity of an agricultural product is (1) its
trueness to a type (2) which is distinguished
and identified (3) by a reference human group
(4) possessing knowledge distributed among
various actors. This includes (5) the knowledge to evaluate that
product and (8) the knowledge to appreciate it. (9) It should not be
confused with compliance with a standard and it allows variety
within the type. (10) Among many expressions of typicity, "typicity
linked to terroir" is a particular construction which gives expression
to the effect of terroir for a given product.
2006: legal in EU with PDO, PGI & Terroir
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Typicity vs. terroir
• Typicity exists without terroir
• Terroir exist only with typicity : Necessity to define the typicity link to the
terroir (the last point of the 2006 definition in the EU) : "typicity linked to terroir" is
a particular construction which gives expression to the effect of terroir for a
given product. (which means environment + human effects)
• Typicity without terroir : wine variety for example
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
You said
Typicity or typicality?
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
1 – how to describe
Typicity 1+2+3+4
2 – How to produce
Producers and connoisseurs
4 – How to appreciate
consumers
Typicality only 4
3 – how to evaluate
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Typicity vs. typicality
Typicity is all characteristics to describe a product and permit to link it to the type of the
products; some variability in the type may exist : only producers or connoisseurs
(consumers) can perform correctly the description through training.
Typicality is the characteristics of a product you can immediately detect and explain at first
sight without a strong knowledge of the product. Typicality is your perception of the typicity
if you are not part of the human group of reference of the product.
Cheese or
camembert ?
Typicality
Camembert or
Camembert de Normandie?
Typicity
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Traditional food products in conclusion…
• At world level :
- Appellations of Origin are special kind of Geographical indications,
- huge stake occurs at WTO for the use of name for products (generic vs. protected)
• At EU level :
- Signs of quality related to tradition and territory exists : PDO & PGI
- The main interest of the quality procedure in EU (PDO, PGI) for a food product is to
present a Geographical identity rather than being a regulation.
• For the consumer and citizen:
- Terroir is a multifactor concept and with different definitions depending on the
science (social, geography, wine, food; Official definition exists in EU)
- The term terroir is not regulated and it is very vague in the rules of marketing
- The typicity of a traditional food product is not understood in the same way by the
producer/connoisseur or the consumer? (difference between typicity and typicality)
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
For more information
NGO for GIs:
http://origin-gi.com/
FAO
http://www.foodquality-origin.org/guide/index_fr.html
WTO
http://www.intracen.org/layouts/three-column.aspx?Pageid=45836&id=37628
WIPO
http://www.wipo.int/geo_indications/en/
Last WIPO Seminar March 2012, Full of info about GIs:
http://ipophil.gov.ph/main.php?contentid=69
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
Thank you for your attention
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ESA p.mongondry@groupe-esa.com Summer Prog 2012
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