GI obtained for manufacture of steelpan

Trinidad and Tobago has obtained a Geographical Indication (GI) on the term 'TRINDAD AND TOBAGO STEELPAN', for the manufacturing of steelpans. This news came on the heels of World Steelpan Day, a day recognised by the United Nations that celebrates the cultural significance of the only new instrument invented in the 20th century.

What does this mean?

According to the Trinidad and Tobago Geographical Indications Act, a GI is defined as ‘an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.’

In simple terms, a GI is a sign that is applied to goods that originate from a defined region and meet certain standards.

GIs are common in agriculture and include Champagne, Darjeeling Tea, and Kobe Beef. In Trinidad, the first locally registered GI was Monserrat Hills Cocoa in 2017. Non-agricultural GIs include Swiss Watches and Chulucanas ceramics from Peru.

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Scope of protection

The owner of the GI can prevent unauthorised use of the GI where the product does not meet the designated standards or falsely misleads the public as to the nature of the goods in question.

This means that if a steelpan producer wants to use the GI, the producer will have to meet the standards set by the administrator of the GI, in this case, Pan Trinbago.

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Next steps

Obtaining a GI for the steelpan is a great first step, but to get protection on the international front, more work is needed. GIs, like other areas of IP, are territorial. This means that the laws of the countries where protection is sought must be considered. The GI can be applied for on a country by country basis. Some countries, such as Trinidad and Tobago, have ‘sui generis’ protection. This means that GIs are recognised as standalone rights. Other countries protect GIs within their trade mark law as collective or certification marks. Alternatively, bilateral agreements can be entered into with other countries, although these are usually done on the basis of a class of products.

In terms of a broader international approach, GIs can be obtained through the ‘Lisbon System for the International Registration of Appellations of Origin and Geographical Indications’. Using this system allows for a single international application to be submitted to the various contracting parties akin to the Madrid Protocol for trade marks. Trinidad and Tobago is not yet signatory to this treaty. Another method is to apply for a certification mark or a collective mark through the Madrid Protocol. This would be the most time efficient route and one that is accessible since Trinidad and Tobago is party to the Madrid Protocol since 2020.

However, applying for the geographical indication or similar protection in another country does not guarantee acceptance. For example, while Champagne as a GI is recognised in many countries, the US considers champagne a semi-generic term. ‘Generic’ in this sense means the word describes the goods in question. As a result, sparkling wine products in the US are free to use the word champagne once they do not mislead the public into thinking that their wine has originated in France. The granting body in the targeted countries will make the final decision about whether to grant the GI.

Finally, it is important to remember that a GI is separate from a trade mark. A GI can be used by multiple producers who meet the criteria whereas a trade mark is owned by an individual or company. There are many different brands of champagne such as: Moët Chandon, Veuve Clicquot, Laurent Perrier and Armand de Brignac. These brands all own individual trade marks for their respective names and logos among other types of marks, and all satisfy the criteria to use the Champagne GI.

The application is below.

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