Trademarks, Geographical Indications and Generics in cheeses. Alexander Anton Attorney-at-Law German Dairy Association (MIV), Brussels [email protected] Background. German Dairy Industry: 120 daries (coops and private companies) with 38.000 employees
German Dairy Industry:
120 daries (coops and private companies)
with 38.000 employees
processing the milk of 112.000 dairy farms
PDO / PGI
share of cheese production
Imagine a world where you have to call parmesan cheese „aged hard cheese“ or where Dijon mustard would have to be marketed as „brown spicy mustard.“
C. Manly Mopus • President/ CEO of Grocery Manufacturers of America
„Protection of geographical names is a key to promote quality products and to increase transparency...
Feta cheese should not be an exception. Marketing cheese as Feta when it is not produced strictly according to its product specifications is misleading to consumers.“
Franz Fischler • former EU Commissioner
„We have no difficulty with protecting legitimate local names for cheeses such as Roquefort or Gorgonzola. But at the same time we must also recognize that some names – such as Feta, Parmesan, Emmental and Cheddar – have long been recognized as generic products by consumers around the world. The right to continue to produce and market those cheeses must be equally protected.“
Craig Norgate • CEO of New Zealand‘s Fonterra Cooperative Group
= generic names
A geographical indication is an indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
(Scope: limited to certain agricultural products for which a link between product or foodstuff characteristics and geographical origin exists)
Protected Designation of Origin (PDO)
Protected Geographical Indication (PGI)
Product must beproduced andprocessed andpreparedin geographical area
Product must beproduced orprocessed orpreparedin geographical area
Emmental, Cheddar, Gouda, Edam, Camembert, Brie, Provolone, Mozzarella... Feta (C-465/02), Parmesan (C-132/05)
① „aged hard cheese“ or where Dijon mustard would have to be marketed as „brown spicy mustard.“Parmesan 2008 ?
②Feta 2007 ?
③ Olmützer 2010 ?
④ Münster 2019 ?
⑤ Emmental ?
C-465/02 & 466/02 et. al.
List of generic names
Statement by the Council and the Commission
„(We) stress that this Regulation is not intended to prevent the continued marketing of products legally sold within the Community on June 30, 1992, so long as they do not conflict with the criteria relating to traditional fair practice and actual likelihood for confusion.“