Geographical Indications In The UK Post Brexit

• Published date: 13 October 2020
• Subject Matter: Intellectual Property, Government, Public Sector, Food, Drugs, Healthcare, Life Sciences, Patent, Trademark, Constitutional & Administrative Law, Food and Drugs Law
• Law Firm: Walker Morris
• Author: Mr Alan Harper

What is a Geographical Indication?

The description of a geographical indication (GI) as provided by the World Intellectual Property Organization (WIPO) is that it is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to being produced in that origin. Traditionally this protection is applied for in the food, drink and agricultural sectors - well-known examples include, Scotch Whisky and Cornish Pasties. It means, for example, Whisky could not be sold using the word 'Scotch' unless it originated from Scotland and was produced in a certain way.

What does a Geographical Indication do?

GI's protect products against misuse or imitation of the registered name and guarantee the true geographical origin of the products to customers. A GI may be used by producers in a certain geographical area and they are afforded collective rights over the product, as long as certain requirements are met. At present, the names of products meeting the GI criteria are protected under the EU schemes, these schemes include:

• Protected designations of origin (PDO) for agricultural products and foodstuffs, and wines;
• Protected geographical indications (PGI) for agricultural products and foodstuffs and wines; and
• Geographical indications (GI) for spirit drinks and aromatised wines.

The UK is set to establish its own GI schemes following from the end of the transition period on 31 December 2020. The UK scheme will adhere to obligations imposed by the World Trade Organisation (WTO) and ultimately be managed by the Department for Environment, Food and Rural Affairs (Defra), including the processing of new applications and maintaining the register of protected product names. The new UK scheme is set to use the following designations:

• Protected Designation of Origin (PDO);
• Protected Geographical Indication (PGI); and
• Traditionally Speciality Guaranteed (TSG).

Despite the UK's departure from the EU, all existing UK products registered under EU GI schemes will remain protected in the UK under the UK GI schemes. It is anticipated that the EU will reach agreement for all currently registered UK GIs to remain protected under the EU GI scheme. Should agreement not be reached to this effect, UK producers can submit new applications as 'third-country' producers to gain this protection within the EU. This application process will be aided by the UK Government by the provision of evidence that a GI is already protected in the UK.

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