Gemlik Olive Geographical Sign
The sign that protects the local products is called the geographical sign and this subject is within the scope of intellectual property rights. The institution that deals with intellectual property rights in our country is the Turkish Patent Institute (TPE). The legal regulation on geographical signs is made with the Decree No. 555 on the Protection of Geographical Indications, which came into force in 1995 (Decree Law). Article 3 of the Decree defines the geographical sign as “indicating a product that is identified with a region, area, region or country where the origin is located due to its distinctive quality, reputation or other characteristics”. This definition is also used by TPE.
Products that can be registered as geographical indications are listed in the first article of the Decree; “Natural products, agricultural, mining and handicraft products and all kinds of industrial products, which are suitable for the definitions and conditions in this Decree”. In order to perform a geographical indication, three conditions must be met;
1. Geographical indication must be related to a product and the product in question must have some differences from similar products. In contrast, in some countries such as Azerbaijan, Bahrain, Croatia, Jamaica, Singapore, services are also registered within the scope of geographical indications.
2. The products in question must necessarily be linked to a geographical area. In other words, its geographical boundaries must be clear.
3. There must be a connection between the different properties of products, their quality, reputation or other characteristics and their geographical origin. The existence of geographical indication cannot be mentioned without the three basic conditions listed above.
Consumers may prefer the products sold under the name of the region in question to those produced elsewhere due to their trust in the name of that region. For this reason, protecting the names of places that have become a certain quality symbol for a product as a geographical sign is of great benefit in terms of protecting the interests of the local people. One of the aims and benefits of geographical sign protection is to prevent the misleading of the consumer by preventing the use of geographical sign phrases on counterfeit products that do not have the necessary features, thus helping to protect the consumer.
Local products take their unique features from the geographical features of the region where they are produced, the differences and / or production skills arising from the climate or soil structure. As will be explained, it falls within the scope of the “sign of the mahrac”. However, the difference of the product in question is the soil, water, moisture, heat, wind, etc. of the region where it is produced. If it is due to its characteristics, this product will definitely lose its quality when it is produced outside its region. In this case, the products are taken under protection with “origin mark”. This means that if you make the production, storage and packaging of the product outside its original region, you will lose the properties of that product.
Geographical sign registration is made especially for two reasons:
1. Maintaining the standard of the product subject to geographical indication and the traditional method of production,
2. Geographical indications add marketing power to the product and since it is a collective right that does not have a monopoly right but protects the real producers of the product, it mediates rural development and contributes to the national economy.
Geographical signs have 3 basic functions;
Specifies the origin
Adds value to the business
Geographical signs are divided into two as the name of origin and the sign of origin.
Origin Name: The production, processing and other operations of the products whose geographical boundaries are determined and which have a feature arising from the human factor or nature of the geographical location in question and which are identified with the region in terms of these characteristics, are carried out within the boundaries of this region, area or region. It indicates. The name of origin requires the production, processing and other operations of the product subject to the name of origin to be carried out within the boundaries of the region, area or region, whose geographical borders are determined. Examples of such products are Gemlik Olive, Ayvalık Olive Oil, Eskişehir Meerschaum, Çelikhan Tobacco, Aegean Cotton. Products cannot be produced outside their geographical region. Because the product can gain its qualities only if it is produced in the region where it is ato.
Mahreç Sign: The product that takes place in a geographical area of which at least one of its production, processing and other processes is determined is called a mahreç sign. At least one of the features of the product subject to Mahreç sign can be produced outside the region, provided that it originates from that region. Examples of such products are Adana Kebab, Edirne Tava Liver, Safranbolu Delight. Although signs of origin also depend on a particular region, such as origin names, not all production stages are required to be carried out in the specified geographical region. The qualities, quality, reputation and other features of these products have characteristics arising from processes based on natural raw materials or human elements of a particular geographic location. In this production, it is necessary to use the production methods belonging to the geographical region in which they are located and the quality of the product must be the same. Across Turkey as of 2014 there are 178 geographical indication products have received, 135 of which constitute the agricultural and food products. The protective aspect of the geographical indication in this regard is that it gives the authority holding the registration authority to audit and initiate legal action. Article 15 of the Decree No. 555 on the scope of protection states that people who have the right to apply for geographical indication and those who have the right to use the registered geographical indication have the right to prevent third parties from doing the following.
1a) Directly or indirectly for commercial use of the registered name in relation to uses that can benefit in any way from the reputation of the registered name or products that resemble or evoke the products covered by the registration.
1b) Describes the actual geographical location as a word, but the use of the translation of the protected name or the ‘style’, ‘style’, type ‘,’ type ‘,’ method ‘,’ as produced there, which unfairly gives the impression that the product originates from another place. ‘or its use in conjunction with other descriptions or terms.
1c) Including any misleading or misleading explanation or indication about the natural or essential qualities and features of the product, its advertisement and advertisement, or any written document related to the product, and its origin.
1d) The product is packaged in a manner that may mislead the public about its origin, or presented in any other form that may create an error.
Geographical indications provide collective monopoly right to those who hold the registration. This means that the registration of a certain organization will not use the rights arising from registration alone or restrict the producers of the product as specified in the registration. The institution or organization holding the registration has the authority to audit. If the institution or organization applying for the geographical indication and whose application has been determined determines that one or more of the above mentioned situations have occurred, it is authorized to open a civil and criminal case.
In the European Union, logos are used in product packaging to ensure that the Geographical Indicators are distinguished by consumers. The following two logos show the Mahreç and Origin Names, respectively.
Gemlik Olive Geographical Sign
“Gemlik Olive” was registered by the Turkish Patent Institute as a geographical indication, effective from 23.09.2003. There are many businesses and traders who think that they can sell the olives they produce by using Gemlik saplings outside the Gemlik geographical indication limits under the name of “Gemlik Olives”. However, the use of the registered name is limited to the Decree Law No. 555 of 1995 (Decree Law). Since Gemlik Olive is under protection with its “origin name”, all of its production, processing and other processes must take place within the geographical limits specified in the registration. For this reason, it is legally a crime to name the Gemlik Olive after processing the olives obtained from a Gemlik sapling grown in Akhisar district or Adana province.
It will be sufficient for the consumers to look at the label with the hologram and the logo on the packaging to determine whether the Gemlik Olive they have purchased as of February 2014 is the original product. In order to make the geographical indication of Gemlik Olives available, a control system has been established in which the amount of products grown within the scope of the registration and the traceability of every packaged product sold is recorded. This system also includes a control label with the logo that will allow consumers to distinguish the registered product. Traceability will be provided with the data matrix system and it is guaranteed by a hologram label to prevent the data matrix from being copied by any person.
Supply of Hologram Labels
In the event that the owners of the companies, who bought the products within the areas specified in the Gemlik Olive geographical sign registration, want to use a hologram label in their product packaging;
1. Companies must apply to Gemlik Commodity Exchange personally with their receipts by phone or e-mail.
2. The producers stated in the registration receipts are checked by the producer registration system of the Stock Exchange and the amount of the products they sold is deducted from the stock record of the relevant producer.
3. If the registration of the manufacturer specified in the certificate of receipt is not found, the owner of the company is contacted by contacting the owner of the company and the registration is carried out in accordance with the rules of registration. The producer and the owner of the olive grove may not be the same person, in this case, information about the person with the olive grove is obtained from the registered person on the receipt and the amount to be given a hologram label is deducted from the stock account of the person in the records.
4. Hologram labels are usually prepared within 2 days and delivered to companies.
5. Before the labels are received, companies that will receive labels for the first time must sign an agreement that they will comply with the quality criteria and label usage rules.
Note: Since the system is still in the trial phase, the printer that is printing data matrix from time to time experiences problems. Currently, the printer will be replaced, the label is being prepared with the old printer, and this period may be longer due to the low capacity of the old printer. In this case, the company is informed about when the labels will be prepared and delivered. Companies are free to use the hologram label. However, “Gemlik Olives” cannot be written on the package without a hologram label. The firms were given until 31 December 2014 to consume the printed packaging they had. After this date, the trial period of the system will expire and audits will start with the legal process for both markets and companies.
If each hologram label is given to the manufacturer at the unit price, it will have a high cost for companies using small packaging and a low cost for companies using large packaging. In order to eliminate this injustice between firms, pricing is calculated not on the number of labels, but on the amount of the product given the label. In this way, all companies that load a truck on a truck basis will have paid the same label price. The value of the labels; It has been determined as 0.014 TL / kg.