Geography Reference
In-Depth Information
6.151
Within the GIs regime account should be taken of the different requirements
for PDO and PGI protection. To be designated as a PDO a product must not
only originate in a particular place but its quality must be exclusively due to its
geographical environment with its inherent natural and human factors. In
comparison, to be designated as a PGI the product must be produced, pro-
cessed, or prepared in the geographical area, and the quality, reputation, or other
characteristics must be generally 'attributable' rather than 'essentially due' to
that area. A PDO will confer stronger protection as usually all elements of
production and processing will be included in the specification.
The choice between PDO and PGI will invariably turn on the proximity of the
product with the place of production.
151
For example, where production
requires the sourcing of some raw materials from outside the defined geo-
graphical area, then the PGI will be the only available option.
6.152
In the absence of the necessary linkage of a product's reputation with the place
of production, protection under the trade mark system will be the only practical
option. For example, the government of Ethiopia was unable to establish the
geographical link for its speciality coffees 'HARRAR', 'YIRGACHEFFE
'
and
'SIDAMO' and thus decided upon Community trade marks protection; see
Mengistie, 2010).
6.153
Trade marks registration enjoys the flexibility of the availability of licensing the
mark and it also avoids the obligation of ensuring the monitoring of production
standards, which GIs protection obliges.
6.154
Of course the advantages of both systems can be enjoyed through dual
protection. Invariably, a PGO or PGI will be accompanied by a registered house
brand. This is certainly a characteristic of the wine trade.
6.155
C. RELEVANCE OF TRIPS AND INTERNATIONAL INSTRUMENTS IN THE
INTERPRETATION OF EUROPEAN TRADE MARKS LAW
Probably because of the recent history of the EU before a WTO dispute panel
interpreting the GIs and trade marks provisions of the TRIPS Agreement, the
ECJ has taken account of the WTO TRIPS Agreement in its interpretation of
the language of its legislation. In Case C-245/02
Anheuser-Busch Inc v Bud˘jo-
vický Budvar
152
the ECJ said that since the Community is a party to the TRIPS
6.156
151
Ibid, at 652.
152
[2005] ETMR 286.
