Q&As

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?

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Produced in partnership with Bonita Trimmer of Browne Jacobson
Published on LexisPSL on 06/09/2017

The following IP Q&A produced in partnership with Bonita Trimmer of Browne Jacobson provides comprehensive and up to date legal information covering:

  • 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?
  • The current legal framework
  • What will happen to existing PGIs post-Brexit?
  • How will new PGIs be applied for post Brexit?

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 framework

At 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

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