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The Protection of Geographical Indications - The EU system -

The Protection of Geographical Indications - The EU system -. TAIEX Seminar on the protection of Geographical Indications (GIs) – Challenges in Poland after accession to the EU Warsaw, 26 April 2006 antonio.fernandez-martos@cec.eu.int DG TRADE, European Commission.

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The Protection of Geographical Indications - The EU system -

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  1. The Protection of Geographical Indications - The EU system - TAIEX Seminar on the protection of Geographical Indications (GIs) – Challenges in Poland after accession to the EU Warsaw, 26 April 2006 antonio.fernandez-martos@cec.eu.int DG TRADE, European Commission Protection of GIs in the EU - Warsaw

  2. The EU approach: setting the scene • Starting point: • EU policies and GIs: CAP, consumer policy, trade policy aspects • Geographical environment + « Savoir-faire » = Products with special qualities linked to the area whose name (in principle) they carry protection of diversity and traditions in Europe…and abroad • Different procedures depending of the product (question of competences between Member States and the Community) • Agricultural and foodstuff products: Community registration system, EU wide protection (Regulation 510/06) • Wines and spirits: national registration, EU wide publication, EU wide protection (Regulations 1493/99 and 1576/89). New Spirits Regulation proposal currently under discussion • Other products: protection by Member States • Additional means of protection: legislation on labelling, on misleading advertising, and on unfair competition Protection of GIs in the EU - Warsaw

  3. Community system: basic legislation • Council Regulation (EC) No 510/06 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs • Regulation 510/06 covers… • Agricultural products intended for human consumption • Foodstuffs (Beers, beverages from plant extracts, pastry, pasta…) • Non-food agricultural products (essential oils, cork, flowers and ornamental plants, wool…) • May not be registered… • Generic names • Rules of conflict on… • Names of plant varieties and animal breeds, homonymous names, and trademarks Recent Panel brought by US & Australia Protection of GIs in the EU - Warsaw

  4. Community system: basic legislation & WTO Panel • Council Regulation (EC) No 510/06 replaced Council Regulation 2081/92 following a WTO Panel brought by the US & Australia against it. Panel report was adopted on 20 April 2005. • Main claims of US and Australia against Regulation 2081/92: • Registration of foreign GIs, including issue of inspection structures • « Coexistence » between GIs and certain prior trademarks • Results of the WTO Panel: largely satisfactory for the EU • Need to clarify that system is open to foreign GIs • Need to remove compulsory participation of foreign governments in registration procedure of GIs • Confirmation that « coexistence » is consistent with WTO rules • Confirmation that requirement of inspection structures is consistent with WTO rules Protection of GIs in the EU - Warsaw

  5. PDO and PGI: two concepts, same protection • Both consist of the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or foodstuff… • AOP …originating in that region, specific place or country, and the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural or human factors, and the production, processing and preparation of which take place in the defined geographical area • IGP ...originating in that region, specific place or country, and which possesses a specific quality, reputation or other characteristics attributable to that geograhical origin, and the production and/or processing and/or preparation of which take place in the defined geographical area Protection of GIs in the EU - Warsaw

  6. PDO and PGI: two concepts, two logos…same protection AOP IGP IMPORTANT QUESTION: What do GIs protect? The registered names (and not the products or methods of production themselves) Protection of GIs in the EU - Warsaw

  7. PDO / PGI: Differences? COMMON FEATURES • Existence of link with the « territory » • Geographical names (but not always) • Types of product • Originating in the area whose name they carry • Procedure • Level of protection • KEY DIFFERENCE • « Intensity » of link with territory • number of steps that have to take place in the relevant “geographical area” Protection of GIs in the EU - Warsaw

  8. Registration procedure (I) The products must comply with a «product specification », which shall include at least: • the name of the product • the description of the product • the definition of the geographical area • proof of geographical origin: traceability must be ensured • description of the method of obtaining the product • justification of the link with the geographical environment • inspection and control structures • the specific labelling details relating to the indication PDO or PGI Protection of GIs in the EU - Warsaw

  9. Registration procedure (II) • An association of producers/processors applies for registration • Application must include the product specification + single document • Application shall be sent to the Member State / third country government where geographical area is located, or, for GIs outside the EU, directly to the European Commission • If application satisfies requirements of Regulation and is justified, and after national objection procedure, Member State/third country shall forward single document and specification reference to the Commission • Within a period of twelve months the European Commission verifies whether the application for registration is justified and meets the conditions laid down in the Regulation. • If the Commission concludes that the name qualifies for protection, it publishes the single document and specification reference in the OJ • A six months period for opposition is opened Protection of GIs in the EU - Warsaw

  10. Registration procedure (III) • Who can object to registration? • Any Member State or third country, as well as any legitimately concerned natural or legal person outside Member State of origin, • Within a six month period after publication in the OJ, by sending a duly substantiated statement • On which grounds is an objection justified? Has to show: a) non-compliance with the conditions linked to the concept PDO or PGI, notably the absence of a link between « product » and « territory»; or, b) registration would impair the existence of a homonym or of a trademark or of products which have been on the market for at least 5 years; or, c) name is generic in nature Protection of GIs in the EU - Warsaw

  11. Protection granted • Subject the names registered (and not the products / methods de production themselves) • Scope PDO/PGI are protected against any… • Direct or indirect commercial use for comparable products / exploits the reputation • Misuse, imitation or evocation, even if the true origin is indicated, or the protected name is translated or accompanied with « style », « type », « method »… • Other false or misleading indication regarding provenance, origin, nature, qualities…or practice liable to mislead the public as to the true origin of the product • Trademarks and GIs: peaceful co-existence. “Geographical” trademarks are not registered (in principle). Conflicts are unusual, but rules are necessary: “conflicting” trademarks have to be refused / invalidated; a GI liable to mislead the public with regard to a prior trademark has to be refused; plus “coexistence” Protection of GIs in the EU - Warsaw

  12. Effects of GI protection: Comté (PDO) - Emmental Milk price (€/Kg) Production (tons) Gross price (€/Kg) Retail price (€/Kg) Protection of GIs in the EU - Warsaw

  13. Effects of GI protection: the Piment d´Espelette • In April 1993, as a reaction to cases of fraud, • an association to protect the • « Piment d'Espelette » is established. • AOC was obtained in 2000, PDO in 2002 • Effects of protection: • Increase in prices: 10€ (94) 20€ (04) • Increase in number of producers (30 to 58) • Increase in number of Plants (195.000 to 530.000) • Increase in surface (8 to 28 ha) • In a context of ageing rural population, « young » average age (between 25 and 45) • Effect on tourism: 600.000 visitors per year (600 inhab.), • Fête du Piment, Confrérie du Piment d'Espelette… Protection of GIs in the EU - Warsaw

  14. Effects of GI protection: pruneau d’ Agen • Production cost: 2 times the cost in California, 3 times the cost in Chile, 4 times Argentinean cost • Increase in production and exports: 50.000 tons per year • 1.800 family farms with average of 40 ha. Protection of GIs in the EU - Warsaw

  15. Challenges ahead… • Implement Regulation 510/06: including more homogeneous treatment of applications by Member States and “single document” • Adopt new Regulation on spirit drinks: proposal currently under discussion (COM(2005) 125 final) rules similar to agri-food GIs • New Proposal on wines under consideration: likely to include similar rules as well • Finalise and implement results of DDA negotiations: GI extension and GI multilateral register • A single Community system for GIs for all goods…? Protection of GIs in the EU - Warsaw

  16. Protection in the WTO… • TRIPS Agreement (WTO): essential for the international protection of GIs…but level still insufficient Solutions: “multilateral GI register” and “extension” of GI protection in the WTO • The “multilateral GI register”: the EU proposed model in the DDA • EU notifies “Bordeaux” • Other Members of the WTO oppose registration: USA, China, New Zealand, Chile, Morroco Effects: GI “Bordeaux” will be presumed GI, it will no longer be possible to refuse registration at the national level based on the generic nature of the name or the non-respect of the conditions of the GI definition, except for the Members having challenged registration within the established deadline. Protection of GIs in the EU - Warsaw

  17. European Union TRIPS …and its “extension”: TRIPS – EU, a comparison Total Protection(any abuse is forbidden, even evocations or any other abusive use) Strong Protection (“type Manchego” , or translations such as “Parmesan”,forbidden) Weak Protection (allows “Parmesan from Australia”) Protection of GIs in the EU - Warsaw

  18. The Protection of Geographical Indications - The EU system - Thank you for your attention antonio.fernandez-martos@cec.eu.int DG TRADE, European Commission Protection of GIs in the EU - Warsaw

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