Sui generis works---empirics

GIs are also important intellectual property rights employed to protect intangible cultural heritage. GIs are signs given different terms in national and international norms. They play a similar role to appellations of origin (AOs), in that both GIs and AOs highlight a qualitative link between the relevant product and its place of origin. The link with the place of origin is stronger for AOs, since the quality or characteristics of the product must result exclusively from their geographical origin: raw materials should be sourced in the place of origin, as should the processing of the product. In the case of GIs, a single criterion attributable to geographical origin is sufficient: the production of the raw materials and the development or processing of a GI product do not necessarily have to take place entirely in the defined geographical area. For the sake of simplicity, GIs and AOs will be referred to collectively as GIs, unless indicated differently. The legal instruments and the protection available for GIs vary considerably from one country to another. A sui generis system providing for the registration of GIs exists in some states, e.g., Kenya, Nigeria, South Africa, Egypt, Mexico, Peru, Cuba, India, Pakistan, Mauritius, and Sri Lanka. The most advanced of these sui 34 EUTM Regulation, Article 4(a). 35 ibid Article 4(b). 36 Jeffrey Belson, Certification and Collective Marks (2nd edn, Edward Elgar 2017). 37 EUTM Regulation, Article 74(1). Cross-border safeguarding of intangible cultural heritage 115 generis systems is that of the EU, where GIs (as well as Protected Designations of Origin (hereinafter PDOs)38 and Traditional Speciality Guaranteed (hereinafter TSGs))39 are regulated by the EU Regulation No 1151/2012 (QS Regulation).40 The registration of EU GIs gives rise to a unitary intellectual property right (overriding any national rules on domestic GIs) covering the entire EU territory (Article 118(2) TFEU).41 The exhaustive nature of the QS Regulation distinguishes it from other EU Regulations on unitary EU intellectual property rights, e.g., the EUTM Regulation, the Regulation on Community Designs,42 and the Regulation on Community Plant Variety Rights.43 In fact, according to these Regulations, the interested parties may choose to register an EU trade mark according to the EU Regulation or a national trade mark based on the domestic legislation(s) in force in the member state(s) of registration.44 In contrast, interested parties can only register their GIs in the EU, based on the QS Regulation, and can no longer register a national GI in a single member state.