Food for thought on GIs

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Food for thought on GIs

Kole_Patrick-crop

Potatoes were on the menu at an AIPPI session on collective marks and geographical indications. Armed with promotional golf equipment and cuddly toys, and sporting a potato-themed tie, Patrick Kole of the Idaho Potato Commission illustrated why the state of Idaho in the United States (“a place I’m proud to call home”) produces “the best potatoes in the world”



Kole_Patrick_AIPPI
Patrick Kole, Idaho Potato Commission

Idaho’s elevation, soil quality and history of farming all contribute to its strong potato industry. “We depend on a lot of things to make our agricultural products unique. A geographical indication is a connection to the soil combined with unique qualities of workmanship that go into the product,” said Kole, who noted that Idaho potatoes can command a premium of up to 50 cents per 5lb bag.

To protect and promote the Idaho potato brand, the state created the Idaho Potato Commission in 1937. Governed by nine commissioners, it has a $13.5 million annual budget. Since its launch, the Commission has spent over $400 million on promoting the brand.

But, said Kole: “There are legal problems that come when you become successful,” which means an enforcement programme is essential. Potato manufacturers from other regions have sought to capitalise on the Idaho name: the Commision spent $13 million on one court case against a party that was putting Canadian potatoes into Idaho bags.

Kole’s potato presentation accompanied a discussion on the panel about the relative merits of collective marks and geographical indications. Sandra Leis of Dannemann Siemsen set out the similarities and differences between the two means of protection in several useful charts. She also noted that there is very little harmonisation around the world, but that it is evolving thanks to the recent Geneva Act of the Lisbon Agreement, numerous bilateral agreements and discussions about extending protection under Article 23 of TRIPs to other agricultural products such as cheese.

Volker Schoene of Loschelder compared the enforcement of collective marks and GIs, using the German brand Dresdner Stollen as an example. He concluded that “GIs are the strongest” as public as well as private law sanctions are available, and public authorities may take action. When the chips are down, GIs can also be enforced against both local non-members of the community and non-local producers.

A lively discussion included questions from the audience on the scope of GIs and the possible mashing of different rights, as well as recent trends in various countries, demonstrating that this issue continues to be a hot potato.

Then Kole handed out some more cuddly toys to the audience members who had attended the whole session. And with that, the session finished – just in time for lunch.

Differences between collective marks and GIs



Collective marks

Geographical indications

Names or designs

Names only

10-year term

No fixed term

Goods/services from collective entity

Goods from geographical area

May be cancelled for non-use

Can only be cancelled if GI requirements change

Presumption of quality

Guarantee of quality





more from across site and SHARED ros bottom lb

More from across our site

The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
Gift this article