In Ireland there is no formal domestic national system of protection of geographical indications of foodstuffs/agricultural products as such. Protection of geographical indications for foodstuffs and spirit drinks/wine is achieved through the European systems already in place. In the case of spirits, protection is provided under the Irish Whiskey Act 1980 and under Council Regulation 1576/89, as amended by Regulation No. 3378/94 and Irish law through national regulations entitled European Communities (Definition, Description and Presentation of Spirit Drinks) Regulations 1995 (S.I. No. 300 of 1995). Protection for certain foodstuffs is provided for under Council Regulation EEC No. 2081/92 for the protection of designations of origin and geographical indications for agricultural products and foodstuffs and national regulations entitled European Communities (Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs) Regulations 1995 (S.I. No. 148 of 195). Protection of geographical indications for wines is provided for under European Communities Wine Regulations Nos. 822/87; 823/87 and 2392/89. There is no provision for the registration of geographical indications under the Trade Marks Act, 1996. However, Section 8(3) of that Act provides that a trademark shall not be registered if it is of such nature as to deceive the public as to the geographical origin of the goods or services. For instance, a trademark which falsely indicates that goods originate from a geographical area with a reputation for producing those goods would be refused registration.
Not under national provisions. See reply to question 1 above.
[Answer 1: In Ireland there is no formal domestic national system of protection of geographical indications of foodstuffs/agricultural products as such. Protection of geographical indications for foodstuffs and spirit drinks/wine is achieved through the European systems already in place. In the case of spirits, protection is provided under the Irish Whiskey Act 1980 and under Council Regulation 1576/89, as amended by Regulation No. 3378/94 and Irish law through national regulations entitled European Communities (Definition, Description and Presentation of Spirit Drinks) Regulations 1995 (S.I. No. 300 of 1995). Protection for certain foodstuffs is provided for under Council Regulation EEC No. 2081/92 for the protection of designations of origin and geographical indications for agricultural products and foodstuffs and national regulations entitled European Communities (Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs) Regulations 1995 (S.I. No. 148 of 195). Protection of geographical indications for wines is provided for under European Communities Wine Regulations Nos. 822/87; 823/87 and 2392/89. There is no provision for the registration of geographical indications under the Trade Marks Act, 1996. However, Section 8(3) of that Act provides that a trademark shall not be registered if it is of such nature as to deceive the public as to the geographical origin of the goods or services. For instance, a trademark which falsely indicates that goods originate from a geographical area with a reputation for producing those goods would be refused registration.]
The Trade Mark Act, 1996 applies to services.
Regulations entitled European Communities (Definition, Description and Presentation of Spirit Drinks) (Amendment) Regulations, 1998 (S.I. No. 7 of 1998) have been made to effect the transposition of Articles 23 and 24 of the TRIPS Agreement as contained in Regulation (EC) 3378/94 insofar as this affects the Spirit Drinks Regulation 1576/89. Other agricultural products and foodstuffs can also be protected under Council Regulation EEC 2081/92, which provides for the same type of protection. The Trade Marks Act 1996 and Trade Mark Rules 1996 provide procedures for making oppositions against trademark applications and for the removal of registered trademarks.
There is no provision for the registration of geographical indications under the Trade Marks Act 1996. However, Section 8(3) of that Act provides that a trademark shall not be registered if it is of such nature as to deceive the public as to the geographical origin of the goods or services. For instance, a trademark which falsely indicates that goods originate from a geographical area with a reputation for producing those goods would be refused registration.
Protection for Irish whiskey and Irish cream liqueur is provided under EU Spirits Regulation No. 1576/89. While a number of applications for protection of certain Irish foodstuffs with geographic indications are under review by the Commission, no Irish foodstuffs or products are as yet protected under Regulation EEC 2081/92 for the protection of designation of origin and geographical indications for agricultural products and foodstuffs.
Yes, a higher level of protection is also provided to other agricultural products and foodstuffs under Council Regulation EEC 2081/92 (see Article 13).
EU wines and spirits legislation prevent such misuse of geographical indications and have been transposed into national law by means of statutory instrument. Similarly, PDO/PGI legislation prevents such misuse of terms for foodstuffs.
Under EC Regulation No. 3378/94 a "geographical designation" is defined as "any indication identifying a product as originating in the territory of a third country which is a Member of the WTO or in a region or locality of that territory where a quality, reputation or other specific characteristic of that product can essentially be attributed to that geographical origin." While neither the EU wine nor spirits Regulations define geographical indications per se, they have been amended by Regulation No. 3378/94 to take account of our TRIPS obligations. Under foodstuffs Regulation No. 2081/92 Article 2.2 a "geographical indication" is defined as "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or a foodstuff originating in that region, specific place or country and which possesses a specific quality, reputation or other characteristics attributable to that geographical origin and the production and/or processing and/or preparation of which take place in the defined geographical area". That same Article defines a "designation of origin" as "the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product or foodstuff originating in that region, specific place or country and the quality or characteristics of which are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, and the production, processing and preparation of which take place in the defined geographical area".
No.
Under foodstuffs Regulation 2081/92, PDO registration is open to products bearing the name of a particular geographical area and which are produced, processed and prepared within that area. They must also have features and characteristics which must be due to that particular geographical area. PGI registration is open to products bearing the name of a particular geographical area and which are produced or processed or prepared within that geographical area and have a reputation, features or certain qualities attributable to that area. Most foods intended for human consumption may be eligible for registration including cheese, meat, dairy and fish products, fruit and vegetables, beer, beverages made from plant extracts, bread, pastries, cakes, biscuits, confectionery, natural mineral and spring waters. No specific criteria are listed in wines or spirits legislation.
The PDO Regulations provide that the human factor be taken into account in assessing the applications for protection.
Under PDO and PGI legislation the geographical area is defined in the application, in particular by the interested 'group' defined pursuant to Article 5 of Council Regulation 2081/92. Under wines and spirits legislation each member State approves the region subject to the agreement of the Commission and the Agriculture Council.
Insofar as this, national legislation reflects the EU position. There is no other national legislation.
The Statutory Instruments provide for protection if the geographical indication is protected in the country of origin only. In addition, EC Directives on labelling and advertising always apply independently of the recognition of a geographical indication in the country of origin.
See reply to question 3 below.
[Answer 3: There is a clear distinction between protected designations of origin and protected geographical indications in Regulation 2081/92. Existing wine and spirits legislation also provides for such distinctions and this legislation is directly applicable in all member States.]
There is a clear distinction between protected designations of origin and protected geographical indications in Regulation 2081/92. Existing wine and spirits legislation also provides for such distinctions and this legislation is directly applicable in all member States.
[Answer 16(a): See reply to question 3 below.]
Applications for PDO/PGI registration can be put forward by groups of producers and individuals may also apply under certain conditions. Producers who are not part of the original applicant group and who can show that their product conforms fully with the registered specifications may also use a registered name. Under wines and spirits legislation the Department of Agriculture and Food makes the application.
Department of Agriculture and Food for foods and agricultural products initially and all applications are examined by the EU Commission and other member States. The Department is also responsible for wines and spirits protection.
The procedure for PDO/PGI recognition must be based on the initiative of the entity or person (group or individual in certain cases). Protection of wines and spirits may and has taken place ex-officio.
The fee for registration of a trademark is £200.00. The renewal fee after 10 years is £200.00.
Criteria for PDO/PGI registration are not solely geographic in nature.
Under PDO/PGI Regulations a product must comply with a specification if it is to benefit from a designation. The specification includes the name of the product; a description of the product including raw materials; organoleptic characteristics; the definition of the geographical area; evidence that the product originates in that area; description of methods of production etc. As Irish whiskey is protected under the Irish Whiskey Act and the EU Spirits Regulation 1576/89, all whiskey produced in Ireland must comply with the whiskey definition of that Regulation. Similarly Irish cream liqueur is protected as a geographical indication and liqueur is defined in the Regulation. Wines availing of such designations must comply with the provisions of Regulation 822/87 as amended.
PDO/PGI applications must specify, inter alia, the product name, applicant details, names and addresses of group members, a definition of the geographical area, whether the product is produced, prepared or processed in the area, raw materials used, their sources, a description of how the main characteristics are linked to the geographical area and influenced by its environment, whether the product is protected by national or EU certification schemes, the nominated inspection body. See question 22 above.
[Answer 23: Under PDO/PGI Regulations a product must comply with a specification if it is to benefit from a designation. The specification includes the name of the product; a description of the product including raw materials; organoleptic characteristics; the definition of the geographical area; evidence that the product originates in that area; description of methods of production etc. As Irish whiskey is protected under the Irish Whiskey Act and the EU Spirits Regulation 1576/89, all whiskey produced in Ireland must comply with the whiskey definition of that Regulation. Similarly Irish cream liqueur is protected as a geographical indication and liqueur is defined in the Regulation. Wines availing of such designations must comply with the provisions of Regulation 822/87 as amended.]
Yes, the product category must be set out in PDO/PGI applications.
PDO/PGI legislation provides a formal system of review and complaint under Article 7 of Regulation 2081/92. Information on applications is published in the Official Journal of the European Communities and other member States may seek information on applications or object under a formal system of review/complaint.
Under PDO/PGI Regulations any legitimately concerned natural or legal person may object to a proposed registration.
As an EU member Ireland recognizes all products registered as PDO/PGI from other EU member States.
There is no time-limit set in PDO/PGI legislation nor in wine and spirit legislation.
Not applicable.
There is no requirement within the PDO/PGI Regulations or the Wine and Spirit Regulations for use of designation to enable it to be maintained.
Products which are covered by PDO/PGI registration are subject to inspection by a nominated body to ensure adherence to the specification.
The Department of Agriculture and Food in conjunction with the Revenue Commissioners monitors compliance in the wine and spirits sector at production, warehousing and retailing level. We have yet to have any product registered under the PDO/PGI Regulations, and monitoring in that area will depend on the product registered.
PDO/PGI Regulations allow such review by a member State under Article 11 of Regulation 2081/92.
PDO/PGI legislation can be forfeited based on the initiative of an entity or person, not ex-officio.
Under PDO/PGI rules any producers who is not part of the original applicant group and who can show that their product conforms with a registered specification may use the registered name. For wines and spirits any product conforming to a geographical indication may use the name.
The entity that obtained the recognition under PDO/PGI legislation.
There are no fees involved for wines, spirits or foodstuffs.
The competent authorities may prosecute in the event of breach of EU Regulations in the wine/spirit/foodstuffs sector.
There is no time-limit on the use or non-use of a registered PDO/PGI as long as the product continues to meet the specifications.
The Trade Marks Act 1996 and Trade Mark Rules 1996 provide procedures for making oppositions against trademark applications and for the removal of registered trademarks.
There is no provision in PDO/PGI or wine or spirits legislation for licensing of geographical indications. However, for other products than wines and spirits, it is interpreted under Regulation EEC 2081/92, that licences are allowed (within imposed conditions) in favour of producers who are not established in the area in question for stages other than production or transformation.
The EU legislation applies.
See reply to question 46.
[Answer 46: Article 14 of Regulation 2081/92 deals with PDO/PGI – trademark conflict and states that "where a designation of origin or geographical indication is registered in accordance with this Regulation, the application or registration of a trademark corresponding to the situation referred to in Article 13 and relating to the same type of product shall be refused, provided that the application for registration of the trademark was submitted after the date of the publication provided for in Article 6(2). "Trademarks registered in breach of the first subparagraph shall be declared invalid. This paragraph shall also apply where the application for registration of a trademark was lodged before the date of publication of the application for registration provided for in Article 6(2), provided that that publication occurred before the trademark was registered. "With due regard for Community law, use of a trademark corresponding to one of the situations referred to in Article 13 which was registered in good faith before the date on which application for registration of a designation of origin or geographical indication was lodged may continue notwithstanding the registration of a designation of origin or geographical indication, where there are no grounds for invalidity or revocation of the trademark as provided respectively by Article 3(1)(c )and (g) and Article 12(2)(B) of First Council Directive 89/104/EEC to approximate the laws of the member States relating to trademarks. "A designation of origin or geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product."]
Article 14 of Regulation 2081/92 deals with PDO/PGI – trademark conflict and states that "where a designation of origin or geographical indication is registered in accordance with this Regulation, the application or registration of a trademark corresponding to the situation referred to in Article 13 and relating to the same type of product shall be refused, provided that the application for registration of the trademark was submitted after the date of the publication provided for in Article 6(2). "Trademarks registered in breach of the first subparagraph shall be declared invalid. This paragraph shall also apply where the application for registration of a trademark was lodged before the date of publication of the application for registration provided for in Article 6(2), provided that that publication occurred before the trademark was registered. "With due regard for Community law, use of a trademark corresponding to one of the situations referred to in Article 13 which was registered in good faith before the date on which application for registration of a designation of origin or geographical indication was lodged may continue notwithstanding the registration of a designation of origin or geographical indication, where there are no grounds for invalidity or revocation of the trademark as provided respectively by Article 3(1)(c )and (g) and Article 12(2)(B) of First Council Directive 89/104/EEC to approximate the laws of the member States relating to trademarks. "A designation of origin or geographical indication shall not be registered where, in the light of a trademark's reputation and renown and the length of time it has been used, registration is liable to mislead the consumer as to the true identity of the product."
National instruments cover enforcement of existing EU wine and spirits legislation in this area. There is no provision for the registration of geographical indications under the Trade Marks Act 1996. However, Section 8(3) of that Act provides that a trademark shall not be registered if it is of such a nature as to deceive the public as to the geographical origin of the goods or services. For instance, a trademark which falsely indicates that goods originate from a geographical area with a reputation for producing those goods would be refused registration.
Enforcement is by way of statutory instrument for PDO/PGI and for wines and spirits legislation. These have already been notified to the WTO Secretariat.
Authorized officers appointed by the Minister under relevant statutory instruments.
See the answers to questions 47 and 48 above. Civil courts.
[Answer 47: Enforcement is by way of statutory instrument for PDO/PGI and for wines and spirits legislation. These have already been notified to the WTO Secretariat.]
[Answer 48: Authorized officers appointed by the Minister under relevant statutory instruments.]
For PDO/PGI, notifications of applications are published throughout the EU in the Official Journal of the European Union. Wines and spirits so protected are published in the Regulations and published in the Official Journal also.
See previous answers.
Not bilaterally.
None.
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