Intellectual Property Law

As previously reported, the United States and the European Union signed an interim agreement regarding the acceptance of each other's wine making practices as well as the recognition of each other's geographical indications for wine. 

As a follow-up to that interim agreement, it appears the EU has now agreed to simplify its registration procedures for foreign agricultural products after a long battle over the use (or misuse) of geographic indications.  The EU?s agreement to simplify its registration procedures for agricultural products resulted from a WTO ruling in March, 2005, that the EU's regulations concerning geographic indications on foreign food products discriminate against food producers in the U.S. and Australia.

From the EU?s perspective, the use of European geographic indications by producers in the U.S. and Australia on products originating in the U.S. or Australia misleads consumers and damages the goodwill associated with the European geographic indications.  For example, if producers in the United States are allowed to use the designation Roquefort or Feta on cheese similar to true Roquefort cheese from France or Feta cheese from Greece, then these geographic indications will lose their distinctiveness, integrity and value.

However, from the U.S. perspective, these efforts are nothing more than a pretext to prevent competition with European products, not an attempt to preserve the integrity of geographic indications.  Most likely, the truth lies somewhere in between these two extremes.  Recognition and protection of geographic indications can benefit everyone, from producers of Florida oranges, to Napa Valley wines, to Feta cheese.

However there are some names that began as geographic indications, but whose use has become so generic, it is not likely they can regain their geographic distinction and exclusivity.  A good example, I believe, is provided by David Joy, a partner at the Washington DC law firm Keller and Heckman.  ?No consumer is misled by the name cheddar cheese because no one expects that it comes only from Cheddar, England.? 

I would bet the majority of Americans who enjoy cheddar cheese, myself included, have never heard of Cheddar, England.  Plus, who is to say that cheddar cheese should only come from England?  I?m sure some folks in Vermont might disagree.  What do you think?

Today's Blogger:  David Stoll