Brussels, 15/03/2002 (Agence Europe) - On Friday, the European Commission adopted a proposal that amends the 1992 Regulation on protection of geographical names and names of origin of agricultural products and foodstuffs, in order to clarify certain elements. The proposal provides for the inclusion of wine vinegar in the scope of the Regulation and for mineral waters and spring water to be withdrawn (these were already covered by a directive dating back to July 1980). It aims to put an end to the so-called simplified registration procedure (Ed.: which allows names that are already protected or that have come into customary use in Member States to become Community names without right of objection). This proposal also provides for making the Community legislation conform to the WTO Agreement on aspects relating to trade-related intellectual property rights aspects (TRIPS, 1994).
Amendment of the Regulation. In addition to the inclusion of wine vinegar and the exclusion of mineral water and spring water (the many requests for registration of mineral or spring water pose a problem as there as identical names for different waters or invented or incorrect names), there will be new rules allowing identical names to be phased out (homonyms).
Obligations arising from the TRIPS Agreement. The Commission's aim is to guarantee WTO-member third countries have the right to voice objection to registration of a name, so that they may benefit from a system that is no less favourable than that granted to nationals of Community Member States. An objection against the registration of certain products must be filed within six months after publication in the Official Journal. In the event of conflict between the registration of trade names and geographical names, the solution foreseen by the regulation will not only apply to registered names, but also to names acquired through use. It is, moreover, proposed that reference dates to be used in the case of conflict should be adjusted. To treat trademarks and geographical names in the same way, the reference date would become the date of submission of the application for registration, instead of the date of notice conferring the right to object.
The Commission specifies that there are currently 570 registered products listed as PDO (Protected Designation of Origin), PGI (Protected Geographical Indication) or TSG (Traditionally Speciality Guaranteed). By way of example, there are: "Jambon d'Ardenne" (Belgium), Timoleague Brown Pudding (Ireland) Vorarlberger Bergkäse (Austria), Danablu (Denmark), Queso Manchego (Spain), Noordhollandse Gouda (Netherlands),Svecia (Sweden), "Miel Luxembourgeois" (Luxembourg), Cornish Clotted Cream (UK), Tsakoniki Melintzana Leonidiou (Greece), Citrinos do Algarve (Portugal), Prosciutto di Parma (Italy), Roquefort (France), Lapin Puikula (Finland), and Bayerisches Bier (Germany). The full list of protected names is to be found on website: http://www.europa.eu.int/qualityfood