Regional trade marks, such as Champagne, Parma Ham or even
Florida Oranges, relate to products that are connected with a
particular territory. These are geographical indications that,
unlike normal trade marks, are not an exclusive individual right,
but are available to any producer in the region concerned. As such,
the EU gives them special protection.
There are now 720 regional and speciality products for which
denominations are registered under EU quality schemes, and the
number continues to grow.
But in 2003, the US and Australia filed separate complaints with
the WTO over what they saw as the EU 's discriminatory approach to
geographical indications, alleging that the EU does not allow the
geographical indications of other WTO members to be registered and
protected in the EU unless that other member provides the same
protections as the EU.
The WTO panel issued its final report into the matter in March
last year, upholding the EU system of geographical indications, but
extending its rights to non-EU states. The EU has until April 2006
to implement the ruling.
The draft regulations put forward by the Commission last week
are intended to fulfil this obligation: by removing the requirement
for “reciprocity and equivalence” from existing rules and by
allowing third country operators to submit applications and
objections directly, rather than through their governments.
But the proposed regulations will also simplify procedures and
clarify the role of Member States in granting regional trade
marks.
According to the Commission, the centrepiece of the draft rules
is the creation of a well-defined “single document” for
applications containing all the necessary information for
registration, information and inspection purposes. This will be
published, says the Commission.
The proposals also seek to boost the image of labels and the use
of EU logos with a view to increasing consumer recognition.
“The Commission intends to implement a more efficient and fully
WTO-compatible registration procedure for special products of this
type,” said Mariann Fischer Boel, Commissioner for Agriculture and
Rural Development. “The system is a cornerstone of the EU’s quality
policy and our drive to improve the protection of geographical
indications internationally.”
