WTO Panel Rules EU Geographical Indications System Discriminates Against Non-EU Food and Beer Products, Etc
The Office of the U.S. Trade Representative (USTR) has announced that a World Trade Organization (WTO) panel ruled that the European Union (EU) regulation for protecting "geographical indications" for food and beer is WTO-inconsistent as it discriminates against non-EU products and producers. In a second aspect of the case, the WTO panel clarified that the EU could protect only GI names as registered and not foreign translations or linguistic variations of the registered name.
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(The USTR explains geographical indications (GIs) are protected geographic names that have a particular association with a food product, such as Parma ham. "Protection" of GIs can take many forms, but generally consists of ensuring that consumers are not misled as to the geographic origin of the good. USTR sources have confirmed that this WTO dispute did not involve GIs for wines and spirits, as the EU covers those products under a separate GI protection system.)
WTO Panel Rules EU Must Provide Non-EU Producers Access to GI Protection
USTR sources explain that the U.S. challenged the EU's GI protection regulation because it does not allow non-EU producers to apply for such protections. These sources state that the U.S. wants the EU to revise its system so as to allow U.S. producers of GI products to apply for the same protections enjoyed by EU producers.
Accordingly, the WTO panel ruled that, in order to be WTO-consistent, the EU must provide the same access to GI protections for non-EU products and producers.
e.g. Florida oranges, Idaho potatoes, etc.
(See WTO panel's report for details of the panel's ruling that the EU can only protect GIs as they are registered, not translations or other variations on the registered GI.
See ITT's Online Archives or 03/09/04 news, 04030935, for BP summary of the USTR's concerns over the EU's GI protection system for food and beer.)
USTR Press Release (dated 03/15/05) available at http://www.ustr.gov/Document_Library/Press_Releases/2005/March/United_States_Wins_Food_Name_Case_in_WTO_Against_EU.html
WTO Panel Reports for U.S. case and similar case brought by Australia available at http://www.wto.org/english/news_e/news05_e/panelreport_174_290_e.htm