The abundance of "Blue Mountain" coffee is an example of how difficult it is to regulate the naming of products using geographical indications even after new consumer laws came into effect.
Commissioner of Customs and Excise Clement Cheung Wan-ching said that when it came to misleading products, trademark laws and the Trade Descriptions Ordinance may both be applicable. Product packaging could infringe trademark regulations, while how they were sold may violate the Trade Descriptions Ordinance.
As in the case of Blue Mountain coffee, it is still impossible to establish that coffee shops or makers have infringed a trademark. The Jamaican coffee industry regulator applied for a trademark for "Jamaica Blue Mountain" in Hong Kong last year, but it has yet to be approved by the Intellectual Property Department.
"The problem lies, I believe, in the vagueness as to what Blue Mountain denotes," Anthony Tong Tat-hay, an intellectual property lawyer and deputy chairman of the Copyright Tribunal, said. "Until an unequivocal answer can be obtained, I would find it very hard to justify the taking of action by customs."
As to why it would take more than a year for the Intellectual Property Department to consider the trademark's application, a spokeswoman explained the mark "Jamaica Blue Mountain" had been applied for registration as a certification mark as opposed to an ordinary trademark.
A certification mark is a sign indicating that the goods are certified by the owner in respect of origin, material and quality among others. Any applicant should prove its competence to certify the goods.