WTO Panel To Study US And Australian Trademark Complaint

by Mary Swire, for LawAndTax-News.com, Hong Kong

06 October 2003

It emerged last week that a World Trade Organisation (WTO) dispute resolution panel will be examining the dispute between the European Union, and the United States and Australia over the protection of high quality products known by the area in which they are produced, such as Champagne, Parma ham, Roquefort cheese, or Florida orange juice.

Australia and the United States have complained that the EU does not afford the same protections to foreign geographical indications (GIs) as it does to home grown brands.

This is because under European law, a product will only receive the highest level of protection if it comes from a country which has similar standards in this year. As the EU's GI protection regime goes further than required under WTO rules, few other countries offer this, meaning that in turn, their regional products receive lower levels of trademark protection.

Speaking to the AFP news agency last week, spokesman for the Organisation for an International Geographical Indications Network (Origin), David Thual explained that:

"It is a question of reciprocity." He went on to liken the US and Australian complaint to "the pot calling the kettle black", observing that:

"The (European) law is not perfect but at least it exists."

However, Australia's representative at the WTO, David Spencer begged to differ, explaining that although intellectual property is protected in both the US and Australia, titles such as Champagne are merely the generic designation for that type of product.

"In Australia feta cheese is a generic term for soft white cheese but the EU thinks it is a geographical indication. We are concerned about the (European) system itself," he was quoted by AAP as explaining last week.

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