FOREIGN AGRICULTURAL SERVICE
U.S. MISSION TO THE EUROPEAN UNION

Last update:  January 31, 2007

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In 1992, the EU created a system to provide protection throughout the EU for the geographical indications and designations of origin of certain agricultural products and foodstuffs.  The "Protected Designation of Origin" system covers foodstuffs produced, processed AND prepared in a given geographical area using recognized know-how.  Under the "Protected Geographical Indication" system, the geographical link must occur in at least one of the stages of production, processing OR preparation.  To qualify for the scheme, the link between the characteristics of the product and the geographical area must be proven.  Protection is guaranteed once the product name has been published in the Official Journal.  A list of protected names, by category, is available on the European Commission's website.

In 1999, the United States challenged the EU GI regulation in the WTO on two grounds: discrimination against U.S. GIs and failure to protect U.S. trademarks.  In 2003, the United States requested the establishment of a WTO dispute settlement panel claiming that the GI regulation was not consistent with the EU's obligations under the WTO TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights).  The United States was concerned that the regulation imposed significant barriers to registration and protection for non-EU persons and non-EU products and deprived trademark owners of TRIPS-level ownership rights.  

In March 2005, the WTO panel ruled that certain aspects of the EU GI regulation were inconsistent with WTO rules and set a deadline for the EU to modify its regulation before April 2006.  In March 2006, the Council adopted Regulation 510/2006 in order to bring the EU GI system into compliance with the ruling of the WTO.  Commission Regulation 1898/2006 lays down detailed rules for the implementation of Regulation 510/2006.  Under the new rules, registration of GIs by producers in third countries can be made directly to the Commission.  The new rules also allow individuals in third countries to object to an application for the protection of GI directly to the Commission rather than through their governments.