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2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs. The legislation first came into force in 1992. AOC classifications, but generally only the AOC classification will be shown. In countries where Protected Geographical Status laws are enforced, only products which meet the various geographical and quality criteria may use the protected indication. It is also prohibited to combine the indication with words such as “style”, “type”, “imitation”, or “method” in connection with the protected indications, or to do anything which might imply that the product meets the specifications, such as using distinctive packaging associated with the protected product. Outside Europe, the protection of PGS products usually require bilateral agreements between the EU and the importing countries, while protected indications may not always supersede other intellectual property rights such as trademarks.
Do the design and management of the Geographical Indications Scheme allow it to be effective? The origin of the product is only one of the criteria for use of the protected terms: the product must also meet various quality criteria. The protection of geographical indications was extended to foodstuffs and other agricultural products in 1992. To qualify for a PDO, the product must have qualities and characteristics which are essentially due to its region of production: it must also be produced, processed and prepared exclusively within that region. Otherwise the protection afforded by the two terms is equivalent. An application for a PDO or a PGI is first made to the authorities of the relevant Member State.
It is judged by the Member State against the criteria in the Regulation and, if found to be acceptable, forwarded to the European Commission for final approval. Applications are published at both the national and Community stages of examination, and third parties can object to proposed PDOs or PGIs which they feel would harm their business. PDO “West Country farmhouse Cheddar cheese” was allowed. PDO to the disappointment of cheesemakers outside of Greece. The TSG quality scheme aims to provide a protection regime for traditional food products of specific character. Differing from PDO and PGI, this quality scheme does not certify that the protected food product has a link to specific geographical area. A TSG creates an exclusive right over the registered product name.
Accordingly, the registered product name can be used by only those producers who conform to the registered production method and product specifications. The legal function of the TSG is to certify that a particular agricultural product objectively possesses specific characteristics which differentiate it from all others in its category, and that its raw materials, composition or method of production have been consistent for a minimum of 30 years. Thus, TSG food denominations are registered trade signs with a distinctive function. Indications which serve exclusively to identify the place of origin of goods are not registrable as trademarks under Art. PDO or a PGI . The protection of geographical indications for wines and other alcoholic drinks was historically the first to be developed at both national and Community level. There has been little harmonisation of national provisions within the European Union.
Spirits are divided into 21 categories, which each have rules for fabrication and minimum strength. Spain or Portugal, for example, but it is permissible to label a drink “Sangria produced in the United Kingdom: aromatised wine-based drink” if the drink meets the other requirements to be described as sangria. This legislation expanded the 1951 Stresa Convention, which was the first international agreement on cheese names. In certain cases, the name of widely popular products became generic, and therefore could not be protected afterwards. US, Canada, Australia and New Zealand. Hence the “Cheddar” name is not protected, but the more specific name “West Country Farmhouse Cheddar” is.
Europe, but the name is used without restrictions by US dairy companies. As Gateshead is a separate town—albeit only the width of the river apart—it does not fall within the required geographical restriction. If the restriction had not been revoked, the brewery would have been forced either to move back to Newcastle, or stop calling its beer “Newcastle” brown ale. Ultimately, the brewery’s application to revoke the geographic restriction was approved. New Season Comber Potatoes or Comber Earlies were awarded PGI status in 2012. Only immature potatoes grown in the restricted geographical area surrounding the town of Comber in Northern Ireland harvested between the start of May and the end of July can be marketed as Comber Earlies.