EU's 'Geographical Indications' Protections Upheld By WTO

by Ulrika Lomas, for LawAndTax-News.com, Brussels

17 March 2005

A report by a WTO panel published on Tuesday has confirmed that the EU system of protection of geographical indications for agricultural products is in compliance with WTO rules.

Geographical indications provide protection for products identified with a particular geographical location, such as Roquefort, or Prosciutto di Parma.

The World Trade Organisation was called upon by the United States and Australia to issue a ruling regarding the EU system of protection of geographical indications and designations of origin for agricultural products and foodstuffs other than wines and spirits.

Rejecting the arguments of the United States and Australia, the WTO ruled that the EU’s system for protecting these names is essentially compatible with WTO rules, including the requirements of the TRIPs Agreement. The panel confirmed in particular that geographical indications can coexist with prior trademarks.

"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," Peter Mandelson, the EU's Commissioner for Trade observed following publication of the WTO report.

The ruling confirms the rights of the holders of Europe’s approximately 700 geographical indications.

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