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European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
schemes of
geographical indication A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...
s and traditional specialties, known as protected designation of origin (PDO), protected geographical indication (PGI), and traditional specialities guaranteed (TSG), promote and protect names of agricultural products and foodstuffs. Products registered under one of the three schemes may be marked with the logo for that scheme to help identify those products. The schemes are based on the legal framework provided by the EU Regulation No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. This regulation applies within the EU as well as in Northern Ireland. Protection of the registered products is gradually expanded internationally via bilateral agreements between the EU and non-EU countries. It ensures that only products genuinely originating in that region are allowed to be identified as such in commerce. The legislation first came into force in 1992. The purpose of the law is to protect the reputation of the regional foods, promote rural and agricultural activity, help producers obtain a premium price for their authentic products, and eliminate the
unfair competition Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situ ...
and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavour. Critics argue that many of the names, sought for protection by the EU, have become commonplace in trade and should not be protected. These regulations protect the names of wines, cheeses, hams,
sausage A sausage is a type of meat product usually made from ground meat—often pork, beef, or poultry—along with salt, spices and other flavourings. Other ingredients, such as grains or breadcrumbs may be included as fillers or extenders. ...
s, seafood, olives, olive oils, beers,
balsamic vinegar Balsamic vinegar ( it, aceto balsamico) is a very dark, concentrated and intensely flavoured vinegar originating in Modena, Italy, made wholly or partially from grape must: freshly crushed grape juice with all the skins, seeds and stems. The t ...
, regional breads, fruits, raw meats and vegetables. Within certain jurisdictions, food such as
gorgonzola Gorgonzola (; ) is a veined blue cheese, originally from Italy, made from unskimmed cow's milk. It can be buttery or firm, crumbly and quite salty, with a "bite" from its blue veining. History Historically, gorgonzola has been produced for ...
,
Parmigiano-Reggiano Parmesan ( it, Parmigiano Reggiano; ) is an Italian hard, granular cheese produced from cows’ milk and aged at least 12 months. It is named after two of the areas which produce it, the provinces of Parma and Reggio Emilia (''Parmigiano'' i ...
,
feta Feta ( el, φέτα, ) is a Greek brined white cheese made from sheep's milk or from a mixture of sheep and goat's milk. It is soft, with small or no holes, a compact touch, few cuts, and no skin. Crumbly with a slightly grainy texture, it ...
, the Waterford blaas, Herve cheese, Melton Mowbray pork pies, Piave cheese,
camembert Camembert (, also , ) is a moist, soft, creamy, surface-ripened cow's milk cheese. It was first made in the late 18th century in Camembert, Normandy, in northwest France. It is sometimes compared in look and taste to brie cheese, albeit wi ...
, Herefordshire cider,
cognac Cognac ( , also , ) is a variety of brandy named after the commune of Cognac, France. It is produced in the surrounding wine-growing region in the departments of Charente and Charente-Maritime. Cognac production falls under French appella ...
,
armagnac Armagnac (, ) is a distinctive kind of brandy produced in the Armagnac region in Gascony, southwest France. It is distilled from wine usually made from a blend of grapes including Baco 22A, Colombard, Folle blanche and Ugni blanc, traditionally ...
, and
champagne Champagne (, ) is a sparkling wine originated and produced in the Champagne wine region of France under the rules of the appellation, that demand specific vineyard practices, sourcing of grapes exclusively from designated places within it, ...
can only be labelled as such if they come from the designated region. To qualify as
roquefort Roquefort is a sheep milk cheese from Southern France, and is one of the world's best known blue cheeses. Though similar cheeses are produced elsewhere, EU law dictates that only those cheeses aged in the natural Combalou caves of Roquefort-sur ...
, 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-sur-Soulzon Roquefort-sur-Soulzon (; oc, Ròcafòrt, ) is a commune in the Aveyron department, in the region of Occitania Occitania ( oc, Occitània , , or ) is the historical region in Western and Southern Europe where the Occitan language was ...
in the
Aveyron Aveyron (; oc, Avairon; ) is a department in the region of Occitania, Southern France. It was named after the river Aveyron. Its inhabitants are known as ''Aveyronnais'' (masculine) or ''Aveyronnaises'' (feminine) in French. The inhabitants ...
region of France, where it is colonised by the fungus '' Penicillium roqueforti'' that grows in these caves. This system is similar to national
appellation An appellation is a legally defined and protected geographical indication primarily used to identify where the grapes for a wine were grown, although other types of food often have appellations as well. Restrictions other than geographical boun ...
systems used throughout Europe, such as the ''
appellation d'origine contrôlée An appellation is a legally defined and protected geographical indication primarily used to identify where the grapes for a wine were grown, although other types of food often have appellations as well. Restrictions other than geographical bou ...
'' (AOC) used in France, the ''
denominazione di origine controllata The following four classifications of wine constitute the Italian system of labelling and legally protecting Italian wine: * ''Denominazione di origine'' (DO, rarely used; ; English: “designation of origin”), * ''Indicazione geografica tipi ...
'' (DOC) used in Italy, the '' denominação de origem controlada'' (DOC) used in
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
, the '' denumire de origine controlată'' (DOC) system used in Romania and the '' denominación de origen'' (DO) system used in Spain. In many cases, the EU PDO/PGI system works parallel with the system used in the specified country. In some cases it is subordinated to the appellation system that was previously instituted, particularly with wine, for example, and in France (in particular) with cheese, where for example Maroilles has both PDO (''appellation d'origine protégée'' (AOP) in French) and AOC classifications, but generally only the AOC classification will be shown.


Protection and enforcement

In countries where laws on protected geographical status are enforced, 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, such as 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 The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, enforcement measures vary: infringement may be treated as counterfeit, misleading advertising, passing off or even as a question of
public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
. Outside Europe, the protection of PGS products usually require bilateral agreements between the EU and the importing countries, while protected indications may not always supersede other intellectual property rights such as trademarks. On 15 November 2011, the European Court of Auditors presented its report ''Do the design and management of the geographical indications scheme allow it to be effective?'' to the European Parliament.


Objectives of the protection

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 A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from oth ...
protection in other domains, and geographical indications operate in a similar manner to trademarks.


General regime

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 aromatised drinks (geographical designations) as well as for wines (geographical indications, often referred to as
appellation An appellation is a legally defined and protected geographical indication primarily used to identify where the grapes for a wine were grown, although other types of food often have appellations as well. Restrictions other than geographical boun ...
s). 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 Specialities Guaranteed" (TSG) is a similar protected term which does not impose any restrictions on the geographical origin of the product. The protection of geographical indications was extended to foodstuffs and other agricultural products in 1992. Given the widely different national provisions, this "general regime" gives much more power to the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
(compared to the special regimes) to ensure a harmonised 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). 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 genericisation. Hence Cheddar cheese was deemed to be a generic name, but the PDO "West Country farmhouse Cheddar cheese" was allowed.
Feta Feta ( el, φέτα, ) is a Greek brined white cheese made from sheep's milk or from a mixture of sheep and goat's milk. It is soft, with small or no holes, a compact touch, few cuts, and no skin. Crumbly with a slightly grainy texture, it ...
was deemed not to have become generic, and was registered as a PDO to the disappointment of cheesemakers outside of Greece.


Description of the regimes


Protected designation of origin (PDO)

The Protected designation of origin is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a designation for an agricultural product or a foodstuff, * which comes from such an area, place or country, * whose quality or properties are significantly or exclusively determined by the geographical environment, including natural and human factors, * whose production, processing and preparation takes place within the determined geographical area. In other words, to receive the PDO status, the entire product must be traditionally and entirely manufactured (prepared, processed ''and'' produced) within the specific region and thus acquire unique properties.


Protected geographical indication (PGI)

The protected geographical indication is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a description of an agricultural product or a foodstuff, * which comes from such an area, place or country, * which has a specific quality, goodwill or other characteristic property, attributable to its geographical origin, * at least one of the stages of production, processing or preparation takes place in the area. In other words, to receive the PGI status, the entire product must be traditionally and at least partially manufactured (prepared, processed ''or'' produced) within the specific region and thus acquire unique properties.


Traditional specialities guaranteed (TSG)

The TSG quality scheme aims to provide a protection regime for traditional food products of specific character. Differing from PDO and PGI, this quality scheme does not certify that the protected food product has a link to specific geographical area and a product can thus be produced outside the area or country from which it originates. To qualify for a TSG a food must be of "specific character" and either its raw materials, production method or processing must be "traditional". Under Art. 3 of Regulation 1151/12 "specific character" is defined as "the characteristic production attributes which distinguish a product clearly from other similar products of the same category". Under Art. 3 of Regulation 1151/12 "traditional" is defined as "proven usage on the domestic market for a period that allows transmission between generations; this period is to be at least 30 years". For a food name to be registrable under the TSG scheme it must (a) have been traditionally used to refer to the specific product; or (b) identify the traditional character or specific character of the product. A TSG creates an exclusive right over the registered product name. Accordingly, the registered product name can be used by only those producers who conform to the registered production method and product specifications. "The legal function of the TSG is to certify that a particular agricultural product objectively possesses specific characteristics which differentiate it from all others in its category, and that its raw materials, composition or method of production have been consistent for a minimum of 30 years. Thus, TSG food denominations are registered trade signs with a distinctive function." As of 14 November 2021, 65 TSG have been registered (see
list A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby unio ...
), all of which originate from the EU or the UK.


Relationship to trademark law

In principle, a similar protection to a geographical indication could be obtained through a collective trademark. Indications which serve exclusively to identify the place of origin of goods are not registrable as trademarks under Art. 6quinquies.B.2 of the
Paris Convention for the Protection of Industrial Property The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is c ...
(Paris Convention), which has effect in European Union law by Art. 7 of the Regulation on the Community trade mark (No 40/94) and by Art. 3 of the Directive to approximate the laws of the Member States relating to trademarks (89/104/EEC); 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. Trademarks which have been registered before the registration of a PDO or a PGI may continue to be used, but the registration of an equivalent trademark after the approval of a PDO or PGI is impossible (Art. 13, Regulation (EC) No 510/2006). The existence of a trademark (registered or unregistered) ''may'' be a reason to refuse the registration of a PDO or a PGI rt. 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" ( pl, links=no, Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej), so phrased as to avoid infringing the trademark "."


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 recognised by the
Agreement on Trade-Related Aspects of Intellectual Property Rights The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by nat ...
(TRIPS), administered by the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and ...
, although the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
is pushing for other geographical indications to be included in the
Doha Round The Doha Development Round or Doha Development Agenda (DDA) is the trade-negotiation round of the World Trade Organization (WTO) which commenced in November 2001 under then director-general Mike Moore. Its objective was to lower trade barriers ...
of world trade negotiations.


Wines

European Union rules governing the production of wine ("the product obtained exclusively from the total or partial
alcoholic fermentation Ethanol fermentation, also called alcoholic fermentation, is a biological process which converts sugars such as glucose, fructose, and sucrose into cellular energy, producing ethanol and carbon dioxide as by-products. Because yeasts perform this ...
of fresh grapes, whether or not crushed, or of grape must") are considerably longer than EU trade mark law: the main text, the Regulation on the common organisation 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 An appellation is a legally defined and protected geographical indication primarily used to identify where the grapes for a wine were grown, although other types of food often have appellations as well. Restrictions other than geographical boun ...
'': 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 Table wine (rarely abbreviated TW) is a wine term with two different meanings: a style of wine and a quality level within wine classification. In the United States, the term primarily designates a wine style: an ordinary wine which is not fortifi ...
. There has been little harmonisation 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 The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
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 Muscadet ( , , ) is a French white wine. It is made at the western end of the Loire Valley, near the city of Nantes in the Pays de la Loire region. It is made from the Melon de Bourgogne grape, often referred to simply as ''melon''. While most ...
and blanquette in France, cava and manzanilla in Spain and
vinho verde Vinho Verde () (literally 'green wine') refers to Portuguese wine that originated in the historic Minho province in the far north of the country. The modern-day 'Vinho Verde' region, originally designated in 1908, includes the old Minho provi ...
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").


Spirits

The Regulation laying down general rules on the definition, description, presentation, labelling and protection of spirit drinks (110/2008) provides for a double system of protection of
spirit Spirit or spirits may refer to: Liquor and other volatile liquids * Spirits, a.k.a. liquor, distilled alcoholic drinks * Spirit or tincture, an extract of plant or animal material dissolved in ethanol * Volatile (especially flammable) liquids, ...
descriptions. Spirits are divided into 46 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 Ouzo ( el, ούζο, ) is a dry anise-flavored aperitif that is widely consumed in Greece. It is made from rectified spirits that have undergone a process of distillation and flavoring. Its taste is similar to other anise liquors like pastis, ...
, 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, or
pálinka Pálinka is a traditional fruit spirit (or fruit brandy) with origins in Carpathian Mountains, more exactly known under several names, and invented in the Middle Ages. Protected as a geographical indication of the European Union, only fruit spir ...
, which is a purely fruit based spirit produced in Hungary (or parts of Austria for apricot spirits only). 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 Boundary delimitation (or simply delimitation) is the drawing of boundaries, particularly of electoral precincts, states, counties or other municipalities.
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 Königsberg (, ) was the historic Prussian city that is now Kaliningrad, Russia. Königsberg was founded in 1255 on the site of the ancient Old Prussian settlement ''Twangste'' by the Teutonic Knights during the Northern Crusades, and was name ...
(
Kaliningrad Kaliningrad ( ; rus, Калининград, p=kəlʲɪnʲɪnˈɡrat, links=y), until 1946 known as Königsberg (; rus, Кёнигсберг, Kyonigsberg, ˈkʲɵnʲɪɡzbɛrk; rus, Короле́вец, Korolevets), is the largest city and ...
) and East Prussia which are no longer part of Germany.


Aromatised drinks

The Regulation laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails (No 251/2014) institutes a system of protected denominations for aromatised drinks which is very similar to that for spirits. The association of general names with specific countries is weaker: a drink labelled simply "
Sangria Sangria (, es, sangría , pt, sangria ) is an alcoholic beverage originating in Spain and Portugal. Under EU regulations only those two Iberian nations can label their product as Sangria; similar products from different regions are diffe ...
" must have been produced in Spain or Portugal, for example, but it is permissible to label a drink "Sangria produced in the United Kingdom: aromatised 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. As of January 2020, the protected geographical designations are: * Vermouth di Torino (vermouth original: 1757) (Italy) * Nürnberger Glühwein (Germany) * Thüringer Glühwein * Vermouth de Chambéry (France) * Samoborski bermet


Within the European Union

Article 13 of this legislation states that registered designations are protected against: This legislation expanded the 1951 Stresa Convention, which was the first international agreement on cheese names. Seven countries participated:
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
, France, Italy,
Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
, Sweden, and Switzerland. Selected products include
Prosciutto ''Prosciutto crudo'', in English often shortened to prosciutto ( , ), is Italian uncooked, unsmoked, and dry-cured ham. ''Prosciutto crudo'' is usually served thinly sliced. Several regions in Italy have their own variations of ''prosciutto crud ...
Toscano (PDO) from Italy,
bryndza podhalańska Bryndza Podhalańska is a Polish variety of the soft cheese ''Bryndza'', from the Podhale region, it is made from sheep's milk. It has a geographical indication A geographical indication (GI) is a name or sign used on products which corresponds ...
(PDO) and oscypek (PDO) from Poland, Marchfeldspargel (PGI) from Austria, Lübecker Marzipan (PGI) from Germany, Scotch Beef and Lamb (PGI) from Scotland, bryndza (PGI) and Oštiepok (PGI) from Slovakia, Kaszëbskô malëna (
Kashubia pl, Kaszuby , native_name_lang = csb, de, csb , settlement_type = Historical region , anthem = Zemia Rodnô , image_map = Kashubians in Poland.png , image_flag ...
n
garden strawberry The garden strawberry (or simply strawberry; ''Fragaria × ananassa'') is a widely grown hybrid species of the genus ''Fragaria'', collectively known as the strawberries, which are cultivated worldwide for their fruit. The fruit is widely ap ...
) (PGI) from Poland. In certain cases, the name of widely popular products became generic, and therefore could not be protected afterwards. Cheddar cheese, for instance, originating in the English village of
Cheddar Cheddar most often refers to either: *Cheddar cheese *Cheddar, Somerset, the village after which Cheddar cheese is named Cheddar may also refer to: Places * Cheddar, Ontario, Canada * Cheddar Yeo, a river which flows through Cheddar Gorge and t ...
, is produced in many countries, including the US, Canada, Australia and New Zealand. Hence the "Cheddar" name is not protected, but the more specific name "West Country Farmhouse Cheddar" is. Other products are protected in Europe but not elsewhere: Buffalo Mozzarella for instance is protected in Europe, but the name is used without restrictions by US dairy companies. The geographical limitations are strict: Newcastle Brown Ale was restricted to being brewed in the city of
Newcastle upon Tyne Newcastle upon Tyne ( RP: , ), or simply Newcastle, is a city and metropolitan borough in Tyne and Wear, England. The city is located on the River Tyne's northern bank and forms the largest part of the Tyneside built-up area. Newcastle is ...
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 a separate town—albeit only the width of the river apart—it does not fall within the required geographical restriction. The brewery then applied to the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
authorities to have the geographical restriction revoked. If the restriction had not been revoked, the brewery would have been forced either to move back to Newcastle, or stop calling its beer "Newcastle" brown ale. Ultimately, the brewery's application to revoke the geographic restriction was approved. Similarly, Stilton cheese can only be produced in the three English counties of
Derbyshire Derbyshire ( ) is a ceremonial county in the East Midlands, England. It includes much of the Peak District National Park, the southern end of the Pennine range of hills and part of the National Forest. It borders Greater Manchester to the nor ...
, Leicestershire, and
Nottinghamshire Nottinghamshire (; abbreviated Notts.) is a landlocked county in the East Midlands region of England, bordering South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west. The trad ...
. Stilton village is in the traditional county of
Huntingdonshire Huntingdonshire (; abbreviated Hunts) is a non-metropolitan district of Cambridgeshire and a historic county of England. The district council is based in Huntingdon. Other towns include St Ives, Godmanchester, St Neots and Ramsey. The popu ...
, now a district of
Cambridgeshire Cambridgeshire (abbreviated Cambs.) is a county in the East of England, bordering Lincolnshire to the north, Norfolk to the north-east, Suffolk to the east, Essex and Hertfordshire to the south, and Bedfordshire and Northamptonshire to the ...
, so Stilton cheese cannot be produced in Stilton (although it is unclear whether the cheese was ever produced there.
Quenby Hall Quenby Hall is a Jacobean house in parkland near the villages of Cold Newton and Hungarton, Leicestershire, England. It is described by Sir Nikolaus Pevsner as "the most important early-seventeenth century house in the county f Leicestershire. T ...
in Leicestershire claims to be the first producer). New Season Comber Potatoes or Comber Earlies were awarded PGI status in 2012. Only immature potatoes grown in the restricted geographical area surrounding the town of Comber in Northern Ireland harvested between the start of May and the end of July can be marketed as Comber Earlies.


Outside the European Union

There is no automatic protection for these names on products both made and sold outside the EU, except for Northern Ireland, where the relevant regulation applies. 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), China,
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
(wine and spirits, 2002), Colombia (2007, coffee)
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
(1997, spirit drinks), and South Africa (2002, wine and spirits). Besides dedicated agreements on geographical indications, mutual recognition of geographical indications is part of free trade agreements, such as
Association Agreement A European Union Association Agreement or simply Association Agreement (AA) is a treaty between the European Union (EU), its Member States and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by su ...
s (e.g. with Armenia, Ukraine and Moldova). Geographical indications are (following an objection period where GIs can be refused) furthermore protected in the member states of the 2015 Geneva act to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, to which (apart from the EU and some of its member states) also Albania, Cambodia, Samoa, Laos and North Korea are parties. However, as of August 2021, the EU has not submitted any Geographical Indications for registration. As the Geographic indication scheme of the EU is not limited to products from EU-locations, also products from outside the EU have received the designation. For example
Colombian coffee Coffee production in Colombia has a reputation for producing mild, well-balanced coffee beans. Colombia's average annual coffee production of 11.5 million bags is the third total highest in the world, after Brazil and Vietnam, though highe ...
was protected by the PDO in August 2007.


Australia

Following an agreement during the 1990s by the
Australian Wine and Brandy Corporation Wine Australia is an Australian Government statutory corporation that promotes and regulates the Australian wine industry. It was created as the Australian Wine and Brandy Corporation (AWBC) in 1981 to replace the Australian Wine Board by the ...
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.


China

China recognizes
Geographical Indication A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...
Products. One such product is
Yongfeng chili sauce Yongfeng chili sauce () or Yongfeng hot sauce is a traditional product made at Yongfeng, Shuangfeng County, Hunan, China. It is recognized by China as a Geographical Indication Product. Yongfeng chili sauce is made of Yongfeng chili, polished gl ...
(), also called Yongfeng hot sauce.


Canada

In Canada, a 2003 agreement made with the EU provides for protection of the names of wine and spirits. Under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU, Canada agrees "to protect 143 geographical indications for high-quality European products, such as Italian balsamic vinegar from Modena, Dutch Gouda cheese or Roquefort cheese and many others."


United Kingdom

After Brexit the UK has its own Protected Geographical Indication scheme, independently of the EU one, but based on the same requirements. All existing EU geographic indications on 31 December 2020 are protected under UK law (as well as EU law), but this is not the case for designations registered after that date.


List of products with PDO/PGI/TSG classifications

A database of agricultural products with a
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), or Traditional Specialities Guaranteed (TSG), is at th
European Agriculture site
Note that the database contains both approved designations (status "Registered") and designations not yet approved (status "Applied" or "Published").


Criticisms of Protected Geographical Status framework

Somewhat paradoxically the PGS framework can be posited as both a protectionist move against global agro-economic policy, and a market-based neoliberal tool of agricultural governance. This makes it an equally important battle-ground for both the anti-globalization movement, and the free-trade proponents of Australia and the United States, and a number of criticisms of each have been put forward:


Issues of governance

* Conceding the market as the locus of regulation.
Common Agricultural Policy The Common Agricultural Policy (CAP) is the agricultural policy of the European Union. It implements a system of agricultural subsidies and other programmes. It was introduced in 1962 and has since then undergone several changes to reduce the ...
(CAP) reforms have slowly introduced a raft of market-based instruments (MBIs) to regulate the agro-food sector (the PGS framework is one of them). The market is seen as the ideal 'arms-length' mechanism with which to foster growth, re-balance imperfections in the connected industries and add previously uncalculated value to European produce. But their social and ecological protections are perpetually unequal, falling short of providing any instance of a Polanyian 'double-movement'. That is, generating a societal reaction to the 'dehumanizing' effects of the self-regulating market. * Creating markets where none previously existed. By creating so-called 'ethical food markets', food producers have been able to command a greater price for their goods. The PDO/PGI regimes foster the creation of ethical food markets, predicated on 'local' produce. For example, traditional Grimsby smoked fish producers have seen PGI accreditation 'help keep the margins up', in difficult economic circumstances. In these instances, the 'local' is valorised as inherently 'good' or at least better than produce from an unrestricted, globalised food market. * Providing barriers to entry. The drawing of boundaries around certain food and drink produce prevents other actors entering particular markets. On this point the PGS framework can potentially deny (or make extremely difficult) entry into the agro-food sector. For example, there are stringent geographical, productive, facilitative, planning, temporal and skilled constraints to entry into the Stilton cheese market in the UK. The successful application to protect the Cornish pasty is another recent example; with Ginsters of Cornwall central to the bid (itself owned by the 'extra-local', Leicestershire-based Samworth Brothers – also makers of fellow PGS protected Melton Mowbray Pork Pies). * Narrowing competition in existing markets. Where markets already exist, there is the propensity for the narrowing of competition, if certain PGS applications are accepted. The state – instead of absolving all responsibility (often thought of as occurring in a neoliberal economy) – is tied with the task of carefully controlling the market. Product price fixing, supermarket consolidation, labour control, and profit-channelling are all potential issues. Within the UK, the
Competition Commission The Competition Commission was a non-departmental public body responsible for investigating mergers, markets and other enquiries related to regulated industries under competition law in the United Kingdom. It was a competition regulator under t ...
is charged with investigating regulatory powers vis-à-vis markets and company mergers, to prevent (or at least temper) such problems. * Geographically fixing capital. Due to the nature of the PGS framework, capital is concentrated in particular areas. As rights are not directly transferable, PGI/PDO certification is granted to those with landed property rights. Monopolised (and thus higher) land rents can often result; to the detriment of those who rely on such lands. * Devolving power to consumers. Some proponents have suggested that ethical food markets – and the PGS framework directly – has furthered a 'cash till' form of political democracy, whereby consumer spending power can masquerade as a legitimate governance structure and mechanism (i.e. democratically voted, representative, and therefore accountable). This is part of a broader shift from forms of 'government' to 'governance' seen in a neoliberalizing world, where a raft of non-state actors, arguably, make informed decisions about where and what to purchase.


Other Criticisms

The U.S. and Australia have disagreed with the EU's characterization of Geographical Indications. They disagree with the idea that Geographical Indications "eliminate the
unfair competition Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situ ...
and misleading of consumers," but rather that many of these names have become generic, and do not reflect a reputation of a distinctive product originating in a certain region. They also believe that the EU is monopolizing markets and not allowing for fair competition. As the EU continues to enter trade agreements with third-party countries, often they will force these countries to agree to their list of Geographical Indications as a condition of the trade agreement, eliminating competition by the U.S. or Australia that may already be operating in the country.


See also

*
Appellation An appellation is a legally defined and protected geographical indication primarily used to identify where the grapes for a wine were grown, although other types of food often have appellations as well. Restrictions other than geographical boun ...
*
Country of origin Country of origin (CO) represents the country or countries of manufacture, production, design, or brand origin where an article or product comes from. For multinational brands, CO may include multiple countries within the value-creation process ...
* European Union Common Agricultural Policy *
Generic trademark A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic term for, or synonymous with, a general class of products or ...
*
Geographical indication A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, ...
* List of PDO products by country * List of TSG products by country *
List of geographical designations for spirit drinks in the European Union List of geographical designations for spirit drinks in the European Union The geographical designations which may be applied to spirits are defined in Regulation (EC) No 110/2008 on the definition, description, presentation, labelling and the pro ...
* List of European cheeses with protected geographical status * List of Italian products with protected designation of origin *
List of Portugal food and drink products with protected status A number of food and drink products from Portugal have been granted Protected Geographical Status under European Union law and UK law through the Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) or Traditional Speciali ...
*
List of Republic of Ireland food and drink products with protected status A number of Irish food and drink products have been granted Protected Geographical Status under Law of the European Union, European Union law (applicable in the EU and Northern Ireland) and UK law (applicable in England, Wales and Scotland) through ...
*
List of United Kingdom food and drink products with protected status A number of United Kingdom food and drink products have been granted protected geographical status under UK law and European Union law. Protection of geographical indications is granted to names that indicate geographical origin both inside a ...
*
Protectionism Protectionism, sometimes referred to as trade protectionism, is the economic policy of restricting imports from other countries through methods such as tariffs on imported goods, import quotas, and a variety of other government regulatio ...
*
Quality Wines Produced in Specified Regions Quality wines produced in specified regions (often abbreviated to quality wines psr, QWpsr or simply "quality wines") is a quality indicator used within European Union wine regulations. The QWpsr category identifies wines with protected geograph ...
(QWPSR) *''
Terroir (, ; from ''terre'', "land") is a French term used to describe the environmental factors that affect a crop's phenotype, including unique environment contexts, farming practices and a crop's specific growth habitat. Collectively, these contex ...
''


References


External links


EU Food Quality website with access to PDO/PGI/TSG listings
europa.eu
European Court of Auditors, special report 11/2011
eca.europa.eu

– EU Protected Food Names Scheme. defra.gov.uk
Australian Wine and Brandy Corporation
awbc.com.au
Monopolising Names? The Protection of Geographical Indications in the European Community
ethesis.helsinki.fi {{Geographical indications Appellations Food product brands European Union laws Trademark law Country of origin Geographical indications law of the European Union