GEOGRAPHICAL INDICATIONS SYSTEM IN THE EUROPEAN UNION EU India IP Cooperation Specialised Training on GIs India, December 2016 Aitor Pomares Attorney-at-Law
1. Overview of the EU s GI system 2. Registration process 3. Bilateral agreements 4. Controls 5. Practical examples
1. Overview of the EU s GI system
Sui generis unitary system Sui generis system in the EU since 1992 (Council Regulation No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs) not really implemented until 1996 (Regulation No. 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin). Before National legislations Unitary system: Governed by EU Regulations Protection in 28 Member States
EU Reg. / National leg. EU Regulations Concepts and requirements Scope of protection of the GIs Registration process Control schemes Actions against infringement National legislations Ownership of the GI Management of the GI
Product approach Currently 4 kinds of goods can be protected under the EU quality schemes: Wines (Regulation 1308/2013) Aromatised wines (Regulation 251/2014) Spirit drinks (Regulation 110/2008) Agricultural products and foodstuffs (Regulation 1151/2012) Possible extension to non-agricultural products. EU Parliament Resolution of 6 Oct. 2015 requesting legislation
Concepts Concept: geographical (or traditional) name which identifies a product originating in a specific place, whose quality, characteristics or reputation are due to a particular geographical environment. Two schemes for Wines and Agricultural products and foodstuffs : One scheme for Aromatised wines and Spirit drinks : GI
PDO / PGI Difference: link between product and geographical environment. AGRICULTURAL PRODUCTS AND FOODSTUFFS: PDO Quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors All the production steps take place in the defined geographical area PGI Quality, reputation or other characteristic is essentially attributable to its geographical origin (either natural or human factors) At least one of the production steps takes place in the defined geographical area
PDO / PGI WINES: PDO Quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors The grapes come exclusively from the geographical area PGI Quality, reputation or other characteristics attributable to that geographical origin (either natural or human factors) At least 85 % of the grapes come from the geographical area IDENTICAL LEGAL PROTECTION For the two schemes (PDO / PGI) For all 4 kind of goods
2. Registration process
Registration process Characteristics: Free of fees. Right acquired through registration. Kangra tea Opened to third countries. Registered on 21/10/2011 Applied on 25.01.2008 Two stages: National and European. (For non-eu products: previous protection in the country of origin) Competent authority: DG Agriculture and Rural Development of the European Commission Application dossier: Product specification + Single document + Accompanying information.
Application dossier PRODUCT SPECIFICATION: Name to be protected: previous use in trade or common language. Description of the product: Raw materials (if appropriate), physical, chemical, microbiological or organoleptic characteristics. Definition of the geographical area. System of verification of compliance (traceability). Method of obtaining the product Link: Between the quality, characteristics or reputation and the geographical area. Body verifying compliance with the provisions of the product specification Labelling rules
Link Product s specificity: quality characteristic reputation Link Particular conditions of the geographical environment: Natural factors: soil, climate, native variety Human factors: know-how, traditional technics
Application dossier SINGLE DOCUMENT: Summary of the Product Specification To be published in EU Official Journal According to templates provided by each Regulation. ACCOMPANYING INFORMATION: Proof of protection (GI, TM, unfair competition, labelling law ) in the country of origin. Applicant group: contact details, legal status, size composition, by-law Technical information: specificity of the product, characteristics of the area, link
Proceedings For non-eu products: Previous protection in the country of origin. Applicant: Authorities of the country Group of producers Examination by DGAgri: - Conditions fulfilled publication in OJEU - Conditions not fulfilled rejection
Proceedings Period for oppositions (Agro-food 3 + 2 months / Wines 2 months / Spirits 6 months). Grounds: Requirements for PDO / PGI are not fulfilled The proposed name is generic Conflict with (wholly or partially) homonymous PDO / PGI Conflict with the name of a plant variety or an animal breed Reputed TM: liable to mislead the consumer as to the true identity of the product Would jeopardize the existence of a TM or products which have been legally on the market for at least five years No opposition Opposition Consultations between the parties Registration If no agreement: Decision by EU Commission
Registered PDO / PGI After registration: PDO / PGI may be used by any operator marketing a product conforming to the corresponding Specification. Possibility to identify the product as PDO / PGI and use the EU official symbols. Obligation to verify compliance with the Specifications. PDO / PGI is not subject to renewals. Ex officio protection in the EU territory. Grounds for cancellation: Compliance with the Specification is not ensured. Lack of use for at least 7 years.
3. Bilateral agreements
Bilateral agreements Types: Stand-alone GI agreement Broader agreements containing a GI chapter Characteristics: Mutual recognition and protection of each party s GIs (those listed in a specific annex and after the examination by each party s authorities). Scope of protection Later GIs protected in the country of origin - Defined in the agreement - Reference to each party s Law (EU Regulations) - Added by periodical revisions of the annex - Simplified procedure for registration No agreement EU India so far
4. Controls
Controls Any operator marketing a product conforming to the corresponding Specification is entitled to use the GI. Obligation to verify compliance with the Specification, before placing the product on the market. The Specification shall describe the system of verification carried out: the checks and controls that ensure that the final product (and its raw materials/ingredients, as appropriate) originate from the defined geographical area and meet the remaining requirements. Controls shall be carried out by: one or more of the public authorities designated by the third country: they must offer guarantees of impartiality and objectivity and have at their disposal qualified staff and resources necessary to carry out the checks and/or one or more of the product certification bodies: they must be accredited in accordance with International Standards (UNE-EN ISO/IEC 17065:2012).
5. Practical examples
Darjeeling for tea Protectable in the EU? Under Regulation 1151/2012 PDOs and PGIs for agricultural products and foodstuffs
Geographical area
Steps of the production which must take place the defined geographical area The plucking of Darjeeling tea which begins in end February/early March and ends by mid November depending on the weather conditions and the ambient temperature After harvesting, the Darjeeling tea leaves are processed in the traditional orthodox method only in the typical/darjeeling Style of manufacture in the factories situated within the specified gardens within the defined Darjeeling tea growing area only. Processing of the Darjeeling tea takes place in the factories situated only within the notified tea gardens. All steps of production of tea (harvesting, drying and processing) take place in the defined areas. PGI? PDO?
Link Geographical and agro-climatic: Due to the unique and complex combination of agroclimatic conditions prevailing in the region comprising of all the 87 tea gardens within the district of Darjeeling as well as the production regulations by the Board, tea produced in this region has the distinctive and naturally occurring organoleptic characteristics of taste, aroma and texture Topographical: The Darjeeling tea gardens are situated at Altitude from 600 to 2 250 meters on steep slopes which provide ideal natural drainage for the generous rainfall the district receives Other factors: special uniqueness and reputation are attached to Darjeeling. Indeed, the tea produced in the Darjeeling region and having the said special characteristics, is and has for long been known to the trade and the public in India and abroad as Darjeeling tea and as such it has acquired a substantial domestic and international reputation The name Darjeeling has acquired a special uniqueness and reputation in the public mind when used in relation to tea produced in the aforesaid region PGI? PDO?
Turrón de Alicante and Jijona For nougat Geographical specifications: produced in the village of Jijona (Alicante). Process specifications: traditional process ( boixet ) Ingredients: 64 % or 60 % Almond Special varieties of almonds Honey Sugar
Area and production Processing PGI Production (raw materials) + Mediterranean climates
Aranmula Kannadi Hand crafted mirror Protectable in the EU? Alternative: TM
Expert s name: Aitor Pomares apomares@berenguer-pomares.com Expert s title: IP Lawyer Thank You 31