Learn about protecting and enforcing Geographical Indications in Canada

Geographical Indications (GIs) are a category of intellectual property. They are similar to trademarks because they help consumers identify and differentiate the source of products.  Many people are familiar with trademarks as a category of Intellectual Property that distinguish the goods or services of a person in the marketplace from those of others. Over time, trademarks come to stand for not only the actual goods or services a person or company provides, but also the reputation of the producer. For example, trademarks used in the marketplace to distinguish goods from those of others  are indicators that tell us that products come from a reputable source.

GIs act similarly as source indicators, but tell consumers that a product is produced in a certain location, and that the product has a quality, a reputation, or other characteristic that is essentially attributable to its place of production.

Examples of GIs are “Champagne” from France, “Prosciutto di Parma” and “Parmigiano Reggiano” from Italy, “Napa Valley” from the United States, “Scotch Whisky” from the United Kingdom, “Canadian Rye Whisky” from Canada, and many more.

Benefits of GIs

In Canada, it is possible to protect wines, spirits, agricultural products (e.g. inputs into final food & beverage products), and foods as GIs.

There are many potential benefits to protecting a product as a GI:

• Value Added: simply being able to place the words “geographical indication” and the GI sign on a product label has the potential to add value to a product as products with a GI name can be highly valued by consumers. Broadly speaking, the sale value of GI protected products can potentially be on average double the value for similar products without the “GI” designation^{Footnote 1}.
• Product Recognition: A GI has the potential to function as a product differentiator in the marketplace by enabling consumers to distinguish between products with geographical origin-based characteristics and those without.
• Export Opportunities:  exporting to regions where the consumer base understands or is familiar with the concept of GIs could provide potential for increased sales or getting a foothold in a specific market.  There are many markets around the world that value products that have a GI designation and associated reputation.
• Competitive Advantage:   GIs are intellectual property rights, and in countries where that right exists, it allows you to take measures against others who use the GI without permission and attempt to benefit from its reputation and uniqueness. Having this exclusive right provides the benefit of deterring free riding by those who are not authorized to use the GI.

How do I obtain a GI in Canada?

The process is simple, straight forward, and cost effective!
Please visit the Canadian Intellectual Property Office website Process to Request that a Geographical Indication be Entered on Canada's List of Geographical Indications for more information on how to request GI protection in Canada.

Protected GIs and the Canadian marketplace

Did you know that many foreign GIs are protected in Canada? While there are GIs protected from all over the world, currently most GIs protected in Canada are from the Member States of the European Union (EU). This includes GIs for EU wines, spirits, agricultural products, and foods.

All GIs in Canada receive a very high level of protection. Therefore, if you are a business operating in the food and alcoholic beverage sector in Canada, it is important that you ensure that you are not using someone else’s protected GIs on the labels of your products.

Please check the List of Geographical Indications protected in Canada to do your due diligence and avoid potential legal issues with GI right holders in Canada.

While all GIs enjoy strong protection, some GIs that are protected in Canada are subject to special rules. This is the case for the GIs Feta, Asiago, Fontina, Gorganzola, Munster, Beaufort, Nürnberger Bratwürste, and Jambon de Bayonne. It is important to familiarize yourself with these rules to ensure consistency if you operate in a business activity that uses similar product names.

Information on the use of these GIs in Canada can be found in Canada’s Trademarks Act and the Intellectual Property Chapter of the Canada-EU Comprehensive Economic and Trade Agreement.

How do you enforce GIs in Canada?

GIs are intellectual property rights in Canada. Intellectual property rights provide you with the exclusive right to prevent others in the marketplace from using your intellectual property.

In Canada, it is important to be proactive and take action in the marketplace to enforce your GI rights against others.

A first-step to facilitate enforcement can occur at Canada’s borders before potential infringing items enter the Canadian marketplace. The Canada Border Services Agency (CBSA) has the authority to detain shipments at the border if suspected of containing counterfeit GIs.

GI stakeholders are encouraged to file a Request for Assistance with the CBSA to make the best use of Canada’s IP border enforcement regime. The process is simple and the application is free!

Once a shipment is detained, CBSA will contact GI rights holders and provide information to facilitate a rights holder to commence a court action for infringement.  Remedies can include the goods being turned over to the rights holder, the goods being destroyed, issuance of costs against the importer, and/or damages.

Being proactive in the Canadian marketplace can also be as simple as contacting someone who may be using your GI without permission and making them aware of your GI rights. In Canada, the strong GI rights available encourage that communication with another party can address questions or concerns.

It should be underscored that any communication with someone that may be using your GI without authorization is supported by Canada’s Trademarks Act and the very high level of GI protection in this legislation.

The majority of GI right holders that have relied on their GI rights under the Trademarks Act have experienced success with this proactive approach.
Of course, in some instances, enforcement before a court may be necessary. In this case, there is a suite of options available to GI right holders as remedies, such as the ability to stop the use of their GI by someone else altogether and obtaining the recovery of damages or profits.

As is the case with any rights provided under Canadian legislation, you may want to consider obtaining advice from a legal professional on the full scope of your rights and the best way forward given your specific circumstances.

Food Labelling in Canada

The origin of a product is also important under Canada’s food labelling regime. Foods sold in Canada must be labelled in a manner that is accurate, truthful, and not misleading, including towards their origin. Should you have a concern regarding misleading labelling on products in the Canadian marketplace, you can report your complaint to the Canadian Food Inspection Agency (CFIA). The CFIA process is open to anyone seeking to report a labelling issue. It is important to note that the process is not a mechanism for enforcing intellectual property rights, such as GIs, or seeking remedies for intellectual property infringement. The process is oriented on consumer protection and food safety rather than IP. To communicate a food labelling concern with the CFIA: Report a Food-Related Concern

For more information about food labelling in Canada, please visit the CFIA website General Principles for Labelling and Advertising.