• Welcome
    Sponsors
  • Director
    Members
    Advisory Board
    International Advisory Council
    Research Affiliates
    IPilogue Editors
  • IPilogue
    Events
    Publications
  • JD
    Graduate Program
    Clinical
    Prizes & Awards
  • The IPIGRAM Archive
    Events Archive
    IP in the News
    IP Poll of the Week
    IP Pick of the Week
    Gowlings IPilogue Prize
  • Legislation
    Journals
    Government
  • Contact Us
    Subscribe

Cheap Food, Terroir and the Blind Spot of Geographical Indications

June 29, 2009 by Irena Knezevic

Irena Knezevic is on the executive of the Canadian Association for Food Studies and is currently a PhD candidate in the Joint Graduate Program in Communication and Culture at York and Ryerson Universities.

Food enthusiasts and artisan producers around the world know how important terroir is for a range of foods from cheese to wine to smoked meat. Flavour, nutritional content, and shelf life of products can all be affected by terroir – a set of location-specific characteristics given to food and beverages by the geographical and climate conditions, and traditional preparation practices particular to a place.

The World Trade Organization gave the concept legal life when it embodied terroir under the category of geographical indications (GIs). Encompassing all sorts of geographically specific products, GIs have mostly been used for food, and most prominently for wine and spirits, which enjoy “additional protection” under the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Under the Geographical Indications for Wines and Spirits registered with the Canadian Intellectual Property Office, one can find 28 regional designations coast to coast. Overseen by the industry’s self-regulating body, the Vintners Quality Alliance (VQA), these designations are intended to preserve the terroir of wine by not only requiring that at least 85% of grape juice in a batch of wine comes from the designated area, but also by taste-testing wine samples to ensure that each variety indeed preserves the “varietal characteristics” of that particular grape. As with GIs the world over, these designations promote our romanticized notions that the wine not only comes from local grapes but is also imbued by cultural traditions involved in its making. Meanwhile, the vineyards in southwestern Ontario show that grapes in the Lake Erie North Shore and Pelee Island regions (both listed under those 28 Canadian designations) are more often than not grown and picked by migrant workers, a segment of the 17 000 seasonal work force that comes to Ontario every year, mostly from Mexico and the Caribbean. They are employed by wineries (along with greenhouses and tomato field operations), which cannot recruit local workers to do the backbreaking work that pays little if anything above minimum wage.

While the seasonal worker program is overseen by Service Canada, which ensures that workers are properly compensated, protected and insured, one has to wonder about a slew of global inequalities implied by the fact that Mexican and Jamaican workers are here to do the work nobody local will do. Even when accommodations, plane tickets and work permit costs are taken into account, migrant labourers make financial sense. A testimony to Canadian assumptions of cheap food (see note below), this is merely another side of outsourcing, but one legitimized by GI designations that still give products the noble status of ‘local.’ 

Across the Atlantic Ocean, where notions of both terroir and GIs originated, there is much resemblance. The hardest labour in Italian, French and German vineyards, creameries and ham production facilities is often done by migrant workers. Most of the labourers in France and Italy come from North Africa, and those in Germany from Turkey and Eastern Europe. The legacy of colonial history remains stark in the European Union, and this migrant labour force is arguably the most important blind spot of GIs.

Meanwhile, the smallest of wine, cheese, and ham producers in Europe who actually do imbue their food with cultural continuity, are often too overwhelmed by the bureaucratic processes and the costs involved to even bother registering their products. Similarly, some of the smallest wineries in southwestern Ontario cannot afford to pay the fees required for VQA testing as their batches are small and only sold in their production facilities. While their wines are bestowed with as much terroir as that VQA bottle in the liquor store, they are left out of the GI club.

GIs, though ostensibly conceived as way to protect taste and cultural traditions in one stroke, have done nothing for the labour behind those fine but often privileged concepts. All labels mediate and as such have the ability to frame issues in very particular ways. They can also make us blind to issues of social justice and inequalities hidden behind a designation stamp. There is no official designation for a block of cheese that can replace the face of a dairy farmer at a local market. A visit to a regional winery can give consumers a much better sense of what it is they are purchasing, than any kind of label ever could. Those face-to-face interactions speak volumes, whether the producers are local or migrant. No amount of regulation, standardization and labelling can replace personal connections to our food and its producers. Ultimately, that is what terroir is all about – the whole of the food experience, gustative and cultural. GIs on the other hand are about protecting commercial rights and that puts them miles away from both culture and labour justice.

(Canadians spend less than 10% of their income on food. This compares to over 10% for the industrialized European countries and Australia, and up to 30% or 40% for many Eastern European and Asian countries, while data for most non-industrialized countries is not even available. USDA Economic Research Service, 2007, http://www.ers.usda.gov/Briefing/CPIFoodAndExpenditures/Data/2007table97.htm).

Posted in IP

Leave a Reply

All replies and responses are moderated and will not appear on the site immediately. Please see our response policy.

« U.S. Circuit Court of Appeals Rules that Turnitin’s Fight Against Plagiarism Does Not Violate Student Intellectual Property Rights: A Dissenting Opinion | Colours to dye for are worth $6.4M »

Career Opportunities
Osgoode IP Club
Writing Competitions
IP Research Guide

RSS Follow Comments via RSS
  • James Wagner on Copyright at the Edge of Artistic Creativity
  • Ken Anderson on Bill C-11: Through the Lens of Social Norms
  • Courtney Doagoo on Evidence Of Parasitic Intent Not Unfounded: L’Oreal
  • Denis Borges Barbosa on Evidence Of Parasitic Intent Not Unfounded: L’Oreal
  • D Vaver on Disclosure Front and Centre as Pfizer Prepares to Defend Viagra in Supreme Court of Canada
  • Dr. Emir Crowne on Disclosure Front and Centre as Pfizer Prepares to Defend Viagra in Supreme Court of Canada
  • Adam Stevenson on Bill C-11: Through the Lens of Social Norms
  • Anonymous on Should Canada Strengthen IP Protection for Pharmaceutical Products? The European Union Thinks So...
  • Aidan Hollis on Should Canada Strengthen IP Protection for Pharmaceutical Products? The European Union Thinks So...
  • Kalen Lumsden on IP Osgoode Speaker Series: Robert Levine and Dr. Brett Danaher
RSS Follow Posts via RSS
  • One Step Closer: Bill C-11
  • Bergeron Entrepreneurs in Science and Technology (BEST) Program Launches at York
  • Whose Patent is It Anyway?: The Ongoing Legal Legacy Between Samsung and Apple
  • Copyright at the Edge of Artistic Creativity
  • Luksan v. Van der Let, Or Rather, EU v. UrhG?
  • Global Health Challenges and the Role of Law
  • Sampling Questions Still Unsettled After Jay-Z/Kanye West Sampling Settlement
  • World Intellectual Property Day 2012
  • The Legal Implications of Commercializing Intellectual Property Rights
  • Announcement: Global Health Challenges and the Role of Law: the 2012 National Health Law Conference

IP Osgoode would like to send out its IPIGRAM at a time when most convenient for you. Please let us know your views by answering a few questions so that we can better serve you.

Click here to take poll.
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • June 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • November 2007
  • October 2007
  • Advisory Board (4)
  • Announcements (2)
  • Blogs (4)
  • Book Review (3)
  • Broadcasting Regulatory Policy (5)
  • Cloud Services (3)
  • Commercialization (77)
  • Competition (6)
  • Competition Law (7)
  • Contracts (59)
  • copyright reform (136)
  • defamation (15)
  • Design (6)
  • Development (4)
  • European Union (32)
  • events (75)
  • Fashion Industry (13)
  • Feature Post (126)
  • Freedom of Speech (15)
  • Freedom of the Press (14)
  • Gaming (6)
  • General (145)
  • Human Rights (3)
  • Image (2)
  • Innovation (138)
  • Internet (236)
  • IP (1041)
    • Copyright (522)
      • CD Levy (9)
      • Digital Downloads (64)
      • Digital Libraries (1)
      • Digital Locks (28)
      • Fair Dealing (61)
        • Parody (2)
        • Satire (1)
      • Infringement (124)
      • Internet Sharing (92)
      • Literary Works (52)
      • Moral Rights (9)
      • Movies (47)
      • Music Industry (88)
      • Originality (29)
      • Ownership (81)
        • Licensees (31)
      • Secondary (ISP) Liability (14)
      • Subsidiary Rights (5)
    • IP Reform (19)
    • Patents (331)
      • Access to Medicines (12)
      • Cross Border Issues (48)
      • Electronic Processes (18)
      • Infringement (60)
      • Patent Practice (18)
      • Patent Trolls (20)
      • Patentability (97)
      • Pharmaceutical Drugs (65)
    • Trademarks (201)
      • Domain Names (38)
      • Famous Marks (15)
      • Official Marks (10)
      • Parallel Importation (4)
      • Personality Rights (11)
  • IP Course Topic (11)
  • IP Intensive (4)
  • IP Litigation Practice (15)
  • Jurisdiction (65)
    • Canada (24)
    • Indonesia (1)
    • Japan (1)
    • UK (25)
    • US (28)
  • Law & Music Course Topic (20)
  • Links (3)
  • MediaLaws (6)
  • Music Industry (72)
  • Open-Source (16)
  • Osgoode Alumnus (10)
  • Patents Course Topic (28)
  • Privacy (165)
    • Electronic Databases (36)
    • Human Rights Issues (26)
    • Identity Theft (11)
  • Regulatory Policy (46)
  • Reputation Management (2)
  • Smartphones (10)
  • Social Justice (2)
    • United Nations Development Programme (1)
  • Social Media (23)
  • Supreme Court of Canada (17)
  • Tech Transfer (29)
  • Technology (208)
  • Telecommunications (73)
  • Trade Secrets (3)
  • UK (10)
  • Uncategorized (82)
  • US-Canada Relations (2)
  • WIPO (9)
  • Log in

Home   |   Contact Us  

© 2008 Osgoode Hall Law School York University
4700 Keele Street Toronto, Canada M3J 1P3
T:416.736.5030   F:416.736.5736