[Ecommerce] EU: Report by WTO panel on Geographical Indications

[Manon Ress]

Reference: IP/05/298 Date: 15/03/2005

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IP/05/298

Brussels, 15 March 2005

WTO Panel upholds EU system of protection of =93Geographical Indications=94
A report by a WTO panel published today confirms that the EU system of
protection of geographical indications for agricultural products
complies with WTO rules. Geographical indications provide protection for
products identified with a particular geographical location, for example
Roquefort or Prosciutto di Parma. Rejecting the arguments of the United
States and Australia, the WTO ruled that the EU=92s system for protecting
these names is essentially compatible with WTO rules, including the
requirements of the TRIPs Agreement. The WTO confirmed in particular
that Geographical Indications can coexist with prior trademarks. The
ruling confirms the rights of the holders of Europe=92s approximately 700
Geographical Indications.

=93I am very pleased with this outcome and look forward to working
together with all WTO Members to strengthen the protection of quality
agricultural production,=94 said Mariann Fischer Boel, Commissioner for
Agriculture and Rural Development.

"By confirming that Geographical Indications are both legal and
compatible with existing trademark systems, this WTO decision will help
the EU to ensure wider recognition of Geographical Indications and
protection of regional and local product identities, which is one of our
goals in the Doha Round of multilateral trade negotiations," added Peter
Mandelson, Commissioner for Trade.

The panel was brought by the United States and Australia against the EU
system of protection of geographical indications and designations of
origin for agricultural products and foodstuffs other than wines and
spirits. The panel report upholds the integrity of the EU system and
rejects the majority of the claims made by the United States and Australia.

The protection of geographical indications is an integral part of the
EU=92s quality policy, while the EU is at the forefront of efforts to
strengthen the protection of GIs internationally. This responds to
consumer demand for quality products, and at the same time promotes the
development of rural communities and specialized agricultural products.
The Panel upholds an important element of the EU system, which is the
requirement for inspection structures to verify that the conditions for
each GI are fulfilled in order to benefit from the high level of
protection against unlawful use.

On the issue of the relationship between GIs and trademarks, the panel
confirmed that the provision of the EU system allowing for the
=91coexistence=92 of GIs with prior trademarks under certain circumstances
is fully justified under the TRIPS Agreement.

In addition, the EU has repeatedly sought to dispel charges that its
system discriminates against GIs relating to geographical areas in third
countries in violation of the WTO national treatment rules. In fact, the
EU system is open also to applications for registration of GIs from
third countries. The panel report asks the EU to clarify the rules in
this respect, to allow producer groups from third countries to apply
directly rather than having to go through their governments.

A geographical indication (such as =93Roquefort=94) testifies to the link
between a given quality, reputation or other characteristic of a product
and its geographical origin. There are approximately 700 GIs registered
under the Regulation today.

Additional information on quality policy is available at
http://europa.eu.int/comm/agriculture/foodqual/quali1_en.htm


--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

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