Geography Reference
In-Depth Information
indication becomes generic, it loses its geographic meaning and acquires
another meaning based on qualities that do not necessarily relate to specific
characteristics from the initial geographical origin.
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3.83
In Case C-446/07
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the ECJ ruled that a name could not be presumed to be
generic until such time as it had become registered as a PDO.
(a) 'FETA'
The question of genericity under Regulation 2082/92 was considered in Cases
C-289/96, C-293/96 and C-299/96, which concerned the use of the name
'FETA' for cheese. At the time of Greece's accession to the Community in 1981
the name 'FETA' was not protected by law, but by usage. In July 1992 the
Commission had asked the Member States to give it the names of the products
which they regarded as capable of being recognised as generic names. In 1994
Greece finalised rules governing the production of 'FETA' cheese
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and on this
basis it sought protection under Regulation 2081/92. By letter dated 21 January
1994, the Greek government requested registration of the word 'Feta' as a PDO
under the simplified procedure laid down by Art 17 of Regulation 2081/92.
3.84
3.85
In response to the request, the Commission indicated that it was concerned that
the name 'FETA' might have become generic. In April 1994 the Commission
arranged for a survey of the opinions of some 12,800 nationals of the then 12
EC Member States. The Commission also submitted its file to the Scientific
Committee. Having regard to the results of the market survey and the opinion
of the Scientific Committee, the Commission concluded that the name 'FETA'
had not become generic within the meaning of Art 3 of Regulation 2081/92
and on 12 June 1996 adopted Regulation 1107/1996 by which 'FETA' was
registered as a PDO.
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3.86
The ECJ ruled that it was not permissible for the Commission to minimise the
importance to be attached to the situation existing in the Member States other
than the state of origin and that account must be taken of the existence of
products which are legally on the market and have therefore been legally
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See WIPO,
About Geographical Indications: What is a 'Generic' Geographical Indication?
http://www.wipo.int/
geo_indications/en/about.html#generic.
56
Alberto Severi v Regione Emilia Romagna
[2009] EUECJ C-446/07.
57
By an order of the Deputy Minister for Agriculture (313025/94) the denomination of origin 'FETA' was
established and protected in Greece. Article 1(2) of that order stated that 'the milk used for the manufacture of
“FETA” must come exclusively from the regions of Macedonia, Thrace, Epirus, Thessaly, Central Greece,
Peloponnese and Lesbos'.
58
Commission Regulation 1107/96 of 12 June 1996 on the registration of geographical indications and
designations of origin under the procedure laid down in Article 17 of Council Regulation 2081/92, OJ L 148,
21/06/1996, p. 1.
