Singapore’s New Registry Of Geographical Indications.

What is a Geographical Indication?

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But from 1 April 2019 onwards: furthering Singapore's obligations under the new EU- Singapore Free Trade Agreement ("EUSFTA") with the establishment of a Register of GIs, GI holders can now secure a registered GI in Singapore.

In addition, a new Geographical Indications Act 2014 confers increased protection for registered GIs.

A geographical indication is a sign which identifies a product as originating from a particular geographical location which has given the product its special quality, attributes or reputation (by reason of natural environmental factors or particular local skill, expertise or know- how, for example).

• Champagne wine, Roquefort cheese and Darjeeling tea are but a few examples of recognised GIs.

So what's new?

• There has hitherto been no registration system for GIs in Singapore.

• The Geographical Indications Act 1999 provides a measure of automatic protection for a GI which is recognised in its country of origin provided such countries are members of the World Trade Organisation or parties to the Paris Convention.

• However with the exception of wines and spirits, a GI holder's rights are limited to situations where use of the GI by other traders would mislead the public as to the true geographical origin of the goods.

• Some GI holders register their GIs as collective/certification trade marks instead, so as to rely on protection under the trade marks regime.

How can it help me?

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A registered GI confers increased protection in addition to the automatic protection which is preserved under the new regime.

Significantly, registered GI rights can prevent unauthorised use of your GI even if such use does not mislead the public as to the true geographic origin of the goods; this extends to all prescribed categories for which registration is accepted; not merely wines and spirits.

For instance, "Parma-style", or "Korean Parma", for ham might arguably dispel any assumption that these goods originate from the Parma region in Italy and so not mislead the public; in this situation a GI registration for "Parma" could enable the GI holder to prevent such use.

Registered rights are conferred by the new statutory regime in Singapore and not dependent on international treaty membership as such.

Further, the GI Register itself becomes evidence of the existence and validity of your GI, making it easier for you to assert your rights.