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1. Introduction

A growing tendency can be noticed among consumers who choose quality rather than quantity for the products they buy. One of the elements to reassure the consumer regarding the quality of a product is to be found in the guarantee on the geographical origin and the methods of production for a product.

Within the European Union a Regulation has been accepted (number 2081/92) which regulates the protection of geographical indications and designations of origin of agricultural products and foodstuffs. This Regulation makes an exception for viticulture products and distilled beverages since these products have their own specific regulation.

Each Member State has also adopted articles in its own national legislation to protect its regional products and the name that is used to designate these products.

2. What is protected?

To be taken into account as a designation of origin, it has to be "the name of a region, of a specific place or in exceptional cases of a country, that is used in the designation of an agricultural product or foodstuff that originates from that region, that specific place or that country and of which the production, preparation and processing take place in that geographical region".

Certain traditional names (geographical or not) can also be taken into consideration to get protection as a designation of origin.

Is protected as a geographical indication:"the name of a region, of a specific place or in exceptional cases of a country, that is used in the designation of an agricultural product or foodstuff that originates from that region, that specific place or that country and of which a certain propriety, the fame or another characteristic can be attributed to that geographical origin and of which the production, preparation and processing take place in that geographical region".

According to Regulation number 1726/98 the protection can also be granted to a logo if it meets the requirements.

Generic names cannot be registered.

Names cannot be registered if they are misleading.

3. Territory

These names can be protected for the total territory of the European Union by way of the Community Registration proceedure.

4. Proceedure

Only groups, individuals or legal entities involved in the production of the product can file an application for the registration of the name. The application must be filed in the Member State.

The Member State then investigates the file and sends this together with its conclusions to the European Commission. The Commission has to open a formal inquiry within a period of 6 months.

Thereafter, the application that fulfils all required conditions is published in the European Union. If no objections are made within a period of 6 months, the registration can be taken down into the Union's register that holds the names of the involved groups and control bodies.

5. The "PDO" and "PGI" notice

In case the name is eventually registered, "PDO" for a protected designation of origin and "PGI" for a protected geographical indication can be applied on the product.

6. Modifications

The Member State can ask for a modification in the file of the product at a later date. For example to take into account scientific or technological evolutions or to demarcate again the geographical region.

7. Control bodies

Each Member State has to have control structures that need to guarantee that agricultural products and foodstuffs with a protected name meet the requirements of the product file.

These structures can be private organisations but they must guarantee sufficient objectivity. They also need to have enough experts and means to carry out a constant control. The costs of these control proceedures must be born by the producers of the products in question.

8. Complaint proceedure

In case of irregularities, complaints can be directed to the European Commission. After examination of the complaint the European Commission can decide on a possible nullity of the registration.

9. Infringements

The registered names are protected against:

• Any direct or indirect use in trade of a registered name for products which are excluded from the registration, if products are similar or if the reputation of the protected name is being misused.
• Any misuse, any imitation or presentation, even if the real place of origin is indicated or if the protected name is translated or accompanied by expressions such as: "sort", "type", "method", "in the same way as", "imitation" or something of this kind.
• Any other false or misleading designation of origin, provenance, nature or any other essential characteristic of the product on the inner or outer wrapping, in advertising material or documents about the product, as well as the use of a recipient that can give rise to misunderstanding about the origin of the product.
• Any other practice that is misleading for the public on the subject of the real origin of the product. Generic names are an exception.