Appellation of Origin, an undervalued tool that creates value

Little known to the Colombian businessman, the Appellation of Origin is an effective tool to create value and differentiate itself from competitors. Today in Colombia there are 157 Appellations of Origin registered with the Superintendency of Industry and Commerce (SIC), of which only 27 refer to Colombian products.

Appellation of Origin consists of the designation of a country, a region or a geographical area from which the product originates, whose quality and characteristics are derived from its place of origin. Europe is the cradle of Appellations of Origin and has internationally recognized designations such as "Champagne", "Feta Cheese" and "Serrano Ham" for years. The most representative national example is "CAFÉ DE COLOMBIA" which differentiates the coffee grown and produced in the coffee zone and whose reputation is now at an international level.

Appellation of Origin recognizes the relationship between the reputation, quality or any other characteristic of a product and its geographical origin.

What products can benefit from an Appellation of Origin?

Agricultural products are the products with the greatest predisposition because they depend directly on factors such as soil quality and climate. This is how Paípa Cheese, whose flavor depends directly on the geographical factors that contextualize its production, benefits from a special protection that protects it against the improper use of its reputation.

They can also highlight the specific qualities of products whose characteristics are the consequence of human factors specific to their place of origin, such as traditional manufacturing techniques and methods. We refer for example to handicrafts: the Guacamayas Basketry, the Wayuu Weaving and the Ráquira Ceramics.

What benefit does Appellations of Origin offer to the entrepreneur?

It is a protection tool that offers producers and artisans the possibility of creating specialized markets differentiated by territory, turning local resources into an attribute. Appellations of origin can be used as a valuable differentiation tool that prevents competitors from other regions from using any direct or indirect reference to the place whose reputation has been recognized.

Unlike trademarks, the right granted by Appellations of Origin has no time limit, but will be maintained as long as the qualities granted by the geographical environment to the protected product remain in force.

Who can obtain an Appellation of Origin?

Because it is a collective right, the holder is the Colombian State at the head of the SIC, but this can delegate the "administration" of the Appellation of Origin to public or private entities that represent people who are dedicated to the extraction or production of products identified with the Appellation of origin.

In this sense, the Declaration of Protection of the Appellation of Origin can be requested by the associations or entities that group the producers, processors or extractors of the products that are intended to be protected.

Who can use an Appellation of Origin?

Any person who is dedicated to the extraction, production or elaboration of the products distinguished by the appellation of origin within the defined geographical area may request an authorization to use the appellation of origin.

How to request the declaration of protection of an Appellation of Origin?

The protection of a new Appellation of Origin can be requested before the SIC providing the essential elements of the same: Denomination object of the request, delimited geographical area, description of the designated products, review of their qualities, reputation or other essential characteristics accompanied by proofs that demonstrate that the qualities or characteristics of the product are due exclusively or essentially to the geographical environment.

Finally, it is relevant to mention that, in case of not meeting the necessary requirements for protection as an Appellation of Origin, the protection granted by a Collective Trademark may be considered, which grants similar benefits, although to a lesser extent.