Protected designation of origin
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Protected designation of origin (PDO), protected geographical indication (PGI), Protected Geographical Status (PGS)[1] and Traditional Speciality Guaranteed (TSG) are geographical indications (GIs) defined in European Union law to protect the names of regional foods. The law (enforced within the EU and being gradually expanded internationally via bilateral agreements of the EU with non-EU countries) ensures that only products genuinely originating in that region are allowed in commerce as such. The legislation came into force in 1992. The purpose of the law is to protect the reputation of the regional foods and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavor.
These laws protect the names of wines, cheeses, hams, sausages, olives, beers, and even regional breads, fruits, and vegetables.
Foods such as Gorgonzola, Parmigiano-Reggiano, Asiago cheese, Camembert de Normandie and Champagne can only be labelled as such if they come from the designated region. To qualify as Roquefort, for example, cheese must be made from milk of a certain breed of sheep, and matured in the natural caves near the town of Roquefort in the Aveyron region of France, where it is infected with the spores of a fungus (Penicillium roqueforti) that grows in these caves.
This system is similar to the Appellation d'origine contrôlée (AOC) used in France, the Denominazione di origine protetta (DOP) and Denominazione di origine controllata (DOC) used in Italy, and the Denominación de Origen (DO) system used in Spain.
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[edit] Protection and enforcement
Only products which meet the various geographical and quality criteria may use the protected indication. It is also prohibited to combine the indication with words such as "style", "type", "imitation" or "method" in connection with the protected indications, or to do anything which might imply that the product meets the specifications (e.g., using distinctive packaging associated with the protected product).
Protected indications are treated as intellectual property rights by the Customs Regulation 1383/2003 (Regulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights), and infringing goods may be seized by customs on import. Within the European Union enforcement measures vary: infringement may be treated as counterfeit, misleading advertising, passing off or even as a question of public health.
[edit] Special regimes
The protection of geographical indications for wines and other alcoholic drinks was historically the first to be developed at both national and Community level. It is also the only protection which is recognized by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Trade Organization, although the European Union is pushing for other geographical indications to be included in the Doha Round of world trade negotiations.
[edit] Wines
European Union rules governing the production of wine ("the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must") are considerably longer than Community trade mark law: the main text, the Regulation on the common organization of the market in wine (No 1493/1999), runs to over 46,000 words. To be considered as a "quality wine", the wine must come from a specified region and be associated with a "geographical indication" or appellation: indeed, the technical term used in the Regulation is quality wine psr, with the "psr" standing for "produced in a specified region". Wines which do not meet this requirement may only be marketed as table wine.
Despite (or perhaps because of) the traditional importance of appellations for wine, there has been little harmonization of national provisions within the European Union. Member States delimit the specified areas of production and determine the rules and appellations which apply: the European Commission restricts itself to publishing the information provided by the Member States. Appellations are usually the geographical name of the area in which the wine is produced, although there are some historical exceptions: muscadet and blanquette in France, cava and manzanilla in Spain and vinho verde in Portugal. The appellations are not necessarily unique: Cava may refer either to a quality sparkling wine psr produced in Spain or to a Greek table wine which has been aged (as a transliteration of "Κάβα").
See also: List of geographical indications for wine in the European Union
[edit] Spirits
The Regulation laying down general rules on the definition, description and presentation of spirit drinks (No 1576/89) provides for a double system of protection of spirit descriptions. Spirits are divided into 21 categories, which each have rules for fabrication and minimum strength. Within these categories, certain names are reserved for drinks from particular countries, for example ouzo, which is aniseed-flavoured spirit drink which must have been produced exclusively in Greece or Cyprus, or grappa, which is a grape marc spirit produced in Italy. The Regulation also defines a number of geographical designations, which are reserved for drinks which "acquired their character and definitive qualities" in the area denominated. The exact delimitation of the areas and any other regulations are left to the Member States concerned. By way of derogation, the designations Königsberger Bärenfang and Ostpreußischer Bärenfang are permitted for certain German drinks even though they refer to Königsberg (Kaliningrad) and East Prussia which are no longer part of Germany.
See also: List of geographical designations for spirit drinks in the European Union
[edit] Aromatized drinks
The Regulation laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (No 1601/92) institutes a system of protected denominations for aromatized drinks which is very similar to that for spirits. The association of general names with specific countries is weaker: a drink labelled simply "Sangria" must have been produced in Spain or Portugal, for example, but it is permissible to label a drink "Sangria produced in the United Kingdom: aromatized wine-based drink" if the drink meets the other requirements to be described as sangria. Similarly, the denomination "Clarea" on its own is reserved for drinks produced in Spain. The protected geographical designations are:
- Nürnberger Glühwein (Germany)
- Vermouth de Chambéry (France)
- Vermouth di Torino (Italy)
[edit] Within the European Union
Article 13 of this legislation states that registered designations are protected against:
... any usurpation or imitation, even if the true origin of the product is indicated or if the appellation is used in translated form or accompanied by terms such as "kind", "type"...
This legislation expanded the 1951 Stresa Convention, which was the first international agreement on cheese names. Seven countries participated: Austria, Denmark, France, Italy, Norway, Sweden, Switzerland.
Selected products include Prosciutto Toscano (PDO) from Italy, Marchfeldspargel (PGI) from Austria, Lübecker Marzipan (PGI) from Germany, Scotch Beef and Lamb (PGI) from Scotland, bryndza also known as bundz sheep's milk cheese, and oscypek smoked sheep's milk exclusively from approved regions of Tatra mountain in southern Poland. Coffee from Colombia, produced by the Federación Nacional de Cafeteros de Colombia is the first non-EU product with this kind of protection, added on August 13, 2007. This also mean that the coffee from Colombia will be more expensive than other types of coffee, but it will have special legal protection against other brands that claim to be Colombian coffee.
For reasons of practicality some products that were traditionally made in a specific region are not subject to the PDO, often due to the quantities in which they are consumed; for example, the consumption of Cheddar cheese in the US alone is many times the amount Cheddar itself could feasibly produce. Hence the "Cheddar" name is not protected, but the more-specific name "West Country farmhouse Cheddar" is.
The geographical limitations can be quite strict. "Newcastle Brown Ale" is restricted to being brewed in the city of Newcastle upon Tyne in England. However, having obtained this protection for their product, the brewery decided in 2004 that it would move across the river Tyne to Gateshead. As Gateshead is technically a separate city - albeit only the width of a river apart - it does not fall within the required geographical restriction, so the brewery is now applying to the European Union authorities to have the geographical restriction revoked–if it is not, the brewery will either have to move back to Newcastle, or stop calling its beer "Newcastle" brown ale.[2] Similarly, Stilton cheese can only be produced in the three English counties of Derbyshire, Leicestershire, and Nottinghamshire. Stilton village is in the traditional county of Huntingdonshire, now a district of Cambridgeshire, so Stilton cheese cannot be produced in Stilton (although Stilton cheese was never traditionally produced in Stilton).
[edit] Outside the European Union
There is no unconditional protection for these names on products both made and sold outside the EU. However there are a number of bilateral agreements with the EU for some level of enforcement. Agreements of this type exist between the EU and Australia (wine, 1994) (but not cheese), Canada (wine and spirits, 2003), Chile (wine and spirits, 2002), Colombia (2007, coffee) Mexico (1997, spirit drinks), South Africa (2002, wine and spirits), [3]
[edit] Australia
Following an agreement during the 1990s by the Australian Wine and Brandy Corporation and the Australian and EU governments, the others' GIs and the nations' traditional terms of winemaking were meant to have been protected by 1997. However, this has been proceeding slowly, and while some GIs have been protected in Australia, others are still available for use (primarily for products that have always been called that). It seems unlikely it will have any effect on colloquial speech in the short term.
[edit] Colombia
Colombian coffee was protected by the PDO in August 2007. [4]
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[edit] Canada
In Canada, a 2003 agreement made with the EU provides for protection of the names of wine and spirits. The new classification of names will be done in phases. By the end of 2013, all of the affected names will be protected, including Chablis, Champagne, Port, and Sherry.
[edit] United States
The United States generally opposes protection of geographical designations of origin (since many of these that are protected elsewhere are commonly used generic terms in the United States, such as parmesan cheese). For example, one can buy American champagne, feta, gruyère and camembert. However, there are some groups that have some degree of protection for their regional designation. For example, Vidalia onions must be produced within a certain region around Vidalia, Georgia as defined by the Georgia Department of Agriculture, and 100% Florida orange juice is certified as being such by that state's Department of Citrus. Some of these marks are protected in the United States under certification mark law, such as the Idaho Potato Commission's "Idaho" and "Grown in Idaho" registered trademarks for potatoes. On the other hand, there also are cases in which a geographical name has been trademarked for a particular product that might not even be manufactured there, such as Philadelphia cream cheese. However, there is little impetus to extend further recognitions at the federal level. Products that are either made or sold in the EU, are subject to the EU regulation.
[edit] List of products with PDO/PGI/TSG classifications
A complete list of agricultural products with a European Union Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), or Traditional Speciality Guaranteed (TSG), listed alphabetically by nation, is at the European Agriculture site.
[edit] Controversy
The EU strives to promote this kind of protection within WTO, e.g., via a database of multilateral registers. While having supporters, there is a considerable opposition. The following arguments against are put forth:[3]
- The potential complexity of the registers may be abused
- Emigrants may want to continue to make their native products
- Many producers will be affected by the necessary rebranding to avoid narrowing or even closing the markets
- Extra costs may be incurred by governments, businesses, and consumers
- The ingredients of the food determine the end product, rather than the locale where they are assembled.
- Common words used to describe foods are also place names, e.g.: Beer, Sandwich, Ham, etc., but the foods have never been commercially produced in these towns.
[edit] See also
- Appellation
- Geographical indication
- Country of origin
- European Union Common Agricultural Policy
- Genericized trademark
- List of geographical designations for spirit drinks in the European Union
- Protected geographical indications in the European Union
- Quality Wines Produced in Specified Regions (QWPSR)
[edit] References
- ^ Melton Mowbray pork pies achieves PGS
- ^ National application No: 02621 - Newcastle Brown Ale. EU Protected Food Names Schemes. DEFRA (2006-12-21). Retrieved on 2007-03-10.
- ^ a b [http://agritrade.cta.int/en/content/view/full/1794 "Geographical Indications and the challenges for ACP countries", a discussion paper (April 2005)
- ^ (Spanish) European Union gives to 'Café de Colombia' the protected denomination of origin. Terra (13 August 2007). Retrieved on 22 April 2008.
