Geography Reference
In-Depth Information
information on products with specific characteristics linked to geographical
origin, thereby
enabling
consumers
to
make
more
informed
purchasing
choices'.
2. Requirements for protecting designations of origin and geographical
indications
(a) Introduction
There is no equivalent bifurcation for designations of origin and GIs in the
TRIPS Agreement, or other national bodies of legislation not based upon the
EU regulations. As will be seen below, to qualify for a PDO, the product must
be produced within a specified geographical area, and the product's quality or
characteristics must be 'essentially due to that area'. By comparison, to qualify
for a PGI the product has to be produced, processed or prepared in the
geographical area, and the quality, reputation or other characteristics must be
generally 'attributable' rather than 'essentially due' to that area. The definition of
a PGI merely requires a link between the product and the reputation of the
place. The product does not have to originate entirely from the defined area; it
need only have one particular quality that is attributable to the geographical
area. The choice between a PDO and PGI will depend upon whether all or
some of the production is done within a geographical area.
3.37
3.38
The legal implications of each category of protection are not spelt out in the
Regulation. Article 13(1) defines what 'registered names' shall be protected
against. It does not differentiate between the categories of registered name. As
registered PGIs and PDOs are available to all producers who meet the
qualifying terms of the registered specification, it will obviously be more
demanding for a producer to comply with all the elements of a PDO.
3.39
Recital (23) of the Regulation explains that an agricultural product or foodstuff
bearing such a geographical description should meet certain conditions set out
in a specification, such as specific requirements aimed at protecting the natural
resources or landscape of the production area or improving the welfare of farm
animals. Recital (24) states that the protection afforded by this Regulation upon
registration, should be equally available to designations of origin and GIs of
third countries that meet the corresponding criteria and that are protected in
their country of origin.
