The following IP practice note produced in partnership with Iona Silverman of Freeths provides comprehensive and up to date legal information covering:
This Practice Note sets out a summary of the protection that can be obtained for geographical indications (GIs) and designations of origin, including appellations of origin, protected designations of origin (PDOs) and protected GIs (PGIs).
It considers how appellations of origin, PDOs and PGIs interact with trade mark law.
It sets out details of the international framework for protection pursuant to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) alongside the protection afforded by EU law for agricultural products and foodstuffs pursuant to Regulation (EU) 1151/2012, for wine pursuant to Regulation (EU) 1308/2013 and for spirits pursuant to Regulation (EU) 2019/787. It also highlights the EU’s proposal to review the GI system for wine, spirit drinks and agricultural products and to introduce a new system for the protection of craft and industrial products.
It also considers the relevant protections under UK law, including the UK’s own PGI scheme—put in place once the EU regime was no longer applicable here—as well as the limited protection available under the Trade Marks Act 1994 (TMA 1994).
Businesses often want to use marks which indicate the geographical origin of their products. In many circumstances, the geographical source of a particular type of product may indicate
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