Protection of geographical indications: EU launches initiative at the World Trade Organisation, June 2002

The European Union is set to launch an initiative to improve the protection of geographical indications when it presents two communications on geographical indications to the World Trade Organisation Trade-Related Intellectual Property Rights (TRIPS) Council in Geneva on 26 June 2002.

The intitiative aims to protect those products which may have a special added value because they have unique associations with their geographical origin. Under the European Commission's proposals, a multilateral register would be established by 2003 to guarantee the origin of these high quality products. It would replace the current lengthy and costly process whereby producers must register their geographical indication in each and every country in the world where they market their products.

The European Commission is also seeking to extend a current TRIPS agreement that provides enhanced protection for wines and spirits belonging to particular regions of the world to other goods such as agri-food products and even textiles in the future.

Greek feta cheese, Spanish ham and Italian parmesan cheese are some of the products which the European Commission is hoping to protect. Its initiative is supported by more than a dozen other countries who are keen to protect their domestic products including India (Darjeeling tea) and Thailand (Jasmin rice).

Speaking about the proposals, European Commissioner for trade, Pascal Lamy said:

'This is an opportunity for the EU and developing countries to work hand-in-hand at the WTO in protecting their high-quality agricultural produce and cultural heritage, which we both attach so much importance to.'

If agreed, the proposals should benefit producers around the world with increased income and profits from well-known geographical indications and reduced registration and litigation costs.

The issue of the geographical indication of products is frequently the subject of court cases in the European Union. On 25 June 2002 the European Court of Justice ruled in a case concerning the sale of cheese as parmesan by an Italian manufacturer. The case had been brought by the Consorzio del Parmigiano Reggiano, which seeks to protect the famous Italian Parmigian Reggiano cheese. The Court ruled that current European Union rules of origin do not permit a dried, grated, pasteurised cheese in powder form to be sold as Parmesan in France. Parmigiano Reggiano is one of a number of products that is covered by the EU's policy on protected designation of origin or protected geographical indication. Others include France's Jambon de Bayonne, Greek's kalamata olives and Spain's honey 'Miel de La Alcarria'. The European Commission also proposed on 14 June 2002 that Greek feta cheese should become another EU product eligible for geographical protection.

Links:

European Commission:

• 25.06.02: Press Release: EU launches bold WTO initiative to protect products with unique geographical indications, from Stilton cheese to Basmati rice [IP/02/926]
• 14.06.02: Press Release: Commission proposes geographical protection of 'Feta' cheese [IP/02/866]
• 14.06.02: Press Release: Commission proposes geographical protection of 'Feta' cheese [IP/02/866]
• DG Trade: Intellectual Property
• DG Agriculture: Quality Policy: Products

European Court of Justice:

• 25.06.02: Press Release: Court Case C-66/00
• 25.06.02: Judgement in the case of Dante Bigi v Consorzio del Formaggio Parmigiano Reggiano

World Trade Organisation:

• Trade Related Intellectual Property Rights

European Sources Online: Financial Times:

• 26.06.02: EU court rules on Parmesan

BBC News Online:

• 25.06.02: Hard cheese for Parmesan pretenders

Helen Bower
Compiled: Wednesday, 26 June 2002

The European Commission is to present two communications on geographical indications to the World Trade Organisation Trade-Related Intellectual Property Rights (TRIPS) Council in Geneva on 26 June 2002