Why your cheese's name might be legally protected by the European Union
In short: Can a name like Roquefort be owned? In the EU, certain food names are strictly guarded to prevent imitation. Through complex legal schemes, the Union protects regional reputations, ensuring that only products meeting specific geographical or traditional criteria can use their designated titles.
To safeguard wines, spirits, and agricultural goods, the European Union utilises three separate systems: Protected Geographical Indication (PGI), Protected Designation of Origin (PDO), and Traditional Speciality Guaranteed (TSG). The PDO is the most stringent, requiring that a product be produced, processed, and prepared entirely within a specific region, with its unique qualities being essentially due to that environment. In contrast, PGI only requires at least one stage of production, processing, or preparation to occur in the designated area, and the product must possess a reputation or specific quality attributable to its origin.
The TSG scheme operates differently; it does not require a link to a specific geography. Instead, it certifies that a product has a 'specific character' and that its production methods have been consistent for a minimum of 30 years. This allows traditional recipes to be protected even if they are produced outside their original region. While these schemes aim to help producers command premium prices and protect rural economies, they are not without controversy. Critics argue that many protected names have become so commonplace in trade that they should be considered generic and thus ineligible for protection.
The legal battle over 'generic' status is a recurring theme in EU trademark law. For instance, 'Cheddar' is considered a generic name, whereas 'West Country farmhouse Cheddar cheese' is permitted as a PDO. Conversely, the registration of 'Feta' as a PDO was met with disappointment by cheesemakers outside of Greece. As the EU expands these protections—recently extending them to craft and industrial products in late 2023—the Commission continues to act as the final arbiter in deciding which names are truly unique to a place and which belong to the world.
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Sources
- Summary by Intellect · source: Geographical indications and traditional specialities in the European Union
- Also: Foods (Basel, Switzerland) — The Origin Link Between "Śląski" Cheese and the Silesia Region: A Basis for Obtaining Protection for Geographical Indications. · CC BY
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