What impact will the UK’s decision to leave the EU have on the current regime which protects geographical indications? How will this affect the ability of UK manufacturers to protect the status of iconic foods like Cornish pasties and Melton Mowbray pork pies? What measures will need to be implemented in order to ensure that they are protected after Brexit and to avoid the sale of cheap imitations from Europe?This Q&A considers the impact of the UK’s decision to leave the EU will have on the current regime which protects geographical indications.The current legal frameworkAt present, Protected Geographical Indications (PGIs) are protected in the UK by virtue of EU Regulations, including Regulation (EU) No 1151/2012, which covers agricultural products and foodstuffs and Regulation (EU) No 110/2008, covering spirits. Other EU Regulations cover the description, presentation of, and geographical indications for wines, although this Q&A does not specifically deal with the subject of wine. PGIs under the EU Regulations, like EU trade marks, have unitary effect across all EU Member States. See Practice Note: Protection of geographical indications, for further information.What will happen to existing PGIs post-Brexit?Firstly, existing PGIs that relate to the UK, such as the ‘Cornish Pasty’ or ‘Melton Mowbray Pork Pie’, should (barring any agreement to the contrary made pursuant to the ongoing Brexit negotiations) still be protected within the EU after Brexit. It is important to bear in mind that the EU Regulations do not merely protect PGIs applied for by groups within the Member States—they also allow for applications to be made from other third countries where geographical protection is available. The Regulations also allow natural or legal persons established in third countries to lodge objections to EU PGI applications. Further, the EU has entered into bilateral agreements with non-EU countries under which non-EU PGIs are protected within the EU, and vice versa. It therefore seems highly likely that existing PGIs will continue to be protected within the EU post-Brexit.The next question is how will PGIs be protected and enforced within the UK (as opposed to within the post-Brexit EU). That will depend on the legislation passed in the UK to deal with EU law after Brexit. The anticipated European Union (Notification of Withdrawal) Act 2017 seeks to ensure that EU laws and regulations made while the UK was a member of the EU will continue to apply after Brexit. If such legislation is passed, and providing the Regulations relating to PGIs are not ‘carved out’ in any way, then there should be equivalent protection for PGIs within the UK on day one following Brexit. Even if, for whatever reason, the current Bill is not passed into legislation in a manner covering such Regulations, it seems extremely likely that the UK would pass new legislation protecting PGIs in a similar manner as it does currently.It is worth noting here that, post-Brexit, the UK will remain a World Trade Organisation member and will therefore be subject to the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which contains detailed provisions on the availability, acquisition, scope, maintenance and enforcement of intellectual property rights. While TRIPS doesn’t specify the form of instrument required to protect PGIs, the UK would need some form of measure in place to ensure compliance with TRIPS. It should also be borne in mind that the UK already protects geographical indications via other means, including sections 49 and 50 of the Trade Marks Act 1994 (which allows for the registration of geographical names as certification and collective marks), as well as the law of passing off, which can in certain circumstances protect against misleading use of geographical indications (the ‘Advocaat’ and ‘Swiss Chalet’ cases for example).How will new PGIs be applied for post Brexit?As mentioned above, it will almost certainly be open to groups of UK manufacturers to apply to the Commission for PGI protection under the current EU Regulations post-Brexit. What is not clear, however, is how groups of manufactures will be able to apply for PGI protection within the UK itself. As with EU trade marks (EUTMs) a variety of different scenarios could play out. These range from what the Chartered Institute of Trade Mark Attorneys labels the ‘UK plus’ scenario, where EUTM registrations would cover both the UK and EU after Brexit, to reliance on something similar to the existing mechanism for ‘conversion’ of EUTMs into UK national applications (where a newly created UK application retains the application date of the EUTM ‘parent’ registration). For future PGI applications, assuming that UK PGIs will be registered separately to EU PGIs, it seems likely that the EU and UK will enter into a bilateral agreement under which UK PGIs are protected (including from cheap imitations) in the EU and vice versa. Whichever route is ultimately adopted, it seems very likely that beneficiaries of existing PGIs, as well as future applicants, will be able to obtain protection in both the EU and UK post-Brexit. The steps and fees involved in obtaining such protection remain to be seen.