Sangam: A Confluence of Knowledge Streams

THE “LAW TO USE THE MARK THE DELPAÍS,” ACT 195-2016: CASE STUDY OF A PUERTO RICAN CERTIFICATION MARK WITH POTENTIAL OF BECOMING A GEOGRAPHIC INDICATION FOR ECONOMIC DEVELOPMENT

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dc.contributor Hedges, Norman
dc.contributor Ochoa, Christiana
dc.contributor Janis, Mark
dc.creator Cardenales, Paola
dc.date 2022-06-27T17:42:05Z
dc.date 2022-06-27T17:42:05Z
dc.date 2022-05
dc.date.accessioned 2023-02-24T18:27:06Z
dc.date.available 2023-02-24T18:27:06Z
dc.identifier https://hdl.handle.net/2022/27758
dc.identifier.uri http://localhost:8080/xmlui/handle/CUHPOERS/260326
dc.description Thesis (Ph.D.) - Indiana University, Maurer School of Law, 2022
dc.description In 2016, the Puerto Rican Congress codified the “Law for the use of the DelPaís Mark” (the DelPaís Law), creating a composite certification mark called Productos DelPaís de Puerto Rico (the DelPaís Mark) for raw fruits, milk, honey, meats, egg, fish, ornamental plants, spices, vegetables, starches, and value-added products. The Puerto Rican Department of Agriculture intended the DelPaís Mark to function as a certification mark and Geographical Indication (GI) to differentiate local from imported products to promote purchasing of locally produced items and eventually export internationally. A GI is a source identifier identifying that a place makes a particular product with unique characteristics, so there is a higher consumer’s recognition and willingness to buy such products and help these communities’ economic development. Despite the Department’s efforts, the DelPaís Mark deters positive economic growth of small and medium enterprises, failing as a Certification Mark and potential GI. The cases of Café de Colombia, Hawaiian Kona Coffee, Jamaica Blue Mountain Coffee, and Tequila de Mexico derive Five Factors predominating in GI policies. These are Product Definition, Collective Organization, Marketing, Legal-Institutional Framework, and Economic Impact. Some issues found in the DelPaís Law range from inconsistent marketing, vague administrative procedures, lack of product definitions, disorganized support, and limited economic impact. Recommendations serve as guidelines for uniformity in production, marketing plan, organizing supply chain, financial and technical aid, a cooperative food hub, and recording data to measure progress and attract investors for the existing certification mark and creating a GI.
dc.language en
dc.publisher [Bloomington, Ind.] : Indiana University
dc.rights This work is under a CC-BY-NC-ND license. You are free to copy and redistribute the material in any format, as long as you give appropriate credit to the original creator and provide a link to the license. You may not use this work for commercial purpose. If you remix, transform, or build upon the material, you may not distribute the modified material.
dc.rights Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND)
dc.rights https://creativecommons.org/licenses/by-nc-nd/4.0/
dc.subject trademark, geographical indications, Puerto Rico, economic development
dc.title THE “LAW TO USE THE MARK THE DELPAÍS,” ACT 195-2016: CASE STUDY OF A PUERTO RICAN CERTIFICATION MARK WITH POTENTIAL OF BECOMING A GEOGRAPHIC INDICATION FOR ECONOMIC DEVELOPMENT
dc.type Doctoral Dissertation


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