Protected geographical indications in the European Union

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The law of protected geographical indications in the European Union governs the use of certain descriptions in relation to food, agricultural products, spirits, aromatized drinks and wines. In particular, the use of certain terms which indicate the geographical origin of the product, known as geographical indications in international intellectual property law, is restricted in a similar way to trade marks. This protection forms part of the common agricultural policy of the European Union.

The general regime governs the use of protected designations of origin (PDO) and protected geographical indications (PGI) for food and certain other agricultural products. There are separate regimes for spirits and for aromatized drinks (geographical designations) as well as for wines (geographical indications, often referred to as appellations). The origin of the product is only one of the criteria for use of the protected terms: the product must also meet various quality criteria. The label "Traditional Speciality Guaranteed" (TSG) is a similar protected term which does not impose any restrictions on the geographical origin of the product.

Contents 1 Objectives of the protection 2 General regime 3 Relationship to trade mark law 4 See also 5 References 6 External links

[edit] Objectives of the protection

As with other intellectual property rights, the use of geographical indications is intended to increase the income of rightholders. The preambles to the Regulations cite consumer demand for quality foodstuffs and identify a number of goals for the protection regimes:

• the promotion of products with specific characteristics, particularly those coming from less-favoured or rural areas;
• the improvement of the income of farmers, in return for a "genuine effort to improve quality";
• the retention of population in rural areas;
• the provision of clear and succinct information to consumers regarding product origin.

The provision of a recompense for efforts to improve quality and the need for consumer protection are often cited as justifications for trade mark protection in other domains, and geographical indications operate in a similar manner to trade marks.

[edit] General regime

The protection of geographical indications was extended to foodstuffs and other agricultural products in 1992.^[1] Given the widely different national provisions, this "general regime" gives much more power to the European Commission (compared to the special regimes) to ensure a harmonized protection across the European Union. It is currently governed by the Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (No 510/2006).^[2]

Two types of term are covered by the regulation:

• Protected designation of origin (PDO)
• Protected geographical indication (PGI)

To qualify for a PDO, the product must have qualities and characteristics which are essentially due to its region of production: it must also be produced, processed and prepared exclusively within that region. The requirement for a PGI are slightly less strict; a good reputation of a product from a given region is sufficient (rather than objectively different characteristics) if any of the steps of production, processing and preparation may take place within the region. Otherwise the protection afforded by the two terms is equivalent.

An application for a PDO or a PGI is first made to the authorities of the relevant Member State. It is judged by the Member State against the criteria in the Regulation and, if found to be acceptable, forwarded to the European Commission for final approval. Applications are published at both the national and Community stages of examination, and third parties can object to proposed PDOs or PGIs which they feel would harm their business. A recurrent objection is that the proposed denomination is a generic term for the product in question: generic names cannot be registered but, once registered, the denominations are protected from genericization. Hence Cheddar cheese was deemed to be a generic name, but the PGI "West Country farmhouse cheddar cheese" was allowed: Feta was deemed not to have become generic, and was registered as a PGI to the disappointment of cheesemakers outside of Greece.

See also: List of protected geographical indications in the European Union (includes protected designations of origin)

[edit] Relationship to trade mark law

In principle, a similar protection to a geographical indication could be obtained through a collective trade mark. Indications which serve exclusively to identify the place of origin of goods are not registrable as trade marks under Art. 6quinquies.B.2 of the Paris Convention for the Protection of Industrial Property (Paris Convention), which has effect in European Union law by Art. 7 of the Regulation on the Community trade mark (No 40/94)^[3] and by Art. 3 of the Directive to approximate the laws of the Member States relating to trade marks (89/104/EEC):^[4] however marks which also serve to identify the quality of a product originating in a certain region may be registered so long as they have not become generic in the trade concerned. Trade marks which have been registered before the registration of a PDO or a PGI may continue to be used, but the registration of an equivalent trade mark after the approval of a PDO or PGI is impossible (Art. 13, Regulation (EC) No 510/2006). The existence of a trade mark (registered or unregistered) may be a reason to refuse the registration of a PDO or a PGI [Art. 7(3)(c), Regulation (EC) No 510/2006]. Hence the Polish geographical designation "Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass" or Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej, so phrased as to avoid infringing the trade mark "Zubrowka".

[edit] See also

• Trade mark law of the European Union
• List of "Traditional speciality guaranteed" products in the European Union

[edit] References

1. ^ 
2. ^  Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks, OJ no. L160 of 1989-06-12, p. 1, corrected at OJ no. L223 of 1989-08-02, p. 27.
3. ^ 
4. ^ 
5. ^ 
6. ^ 
7. ^ 

[edit] External links

• Agriculture and food - Quality policy from the European Commission
• Monopolising Names? The Protection of Geographical Indications in the European Community