Geographical Indications and Traditional Specialities (EU) - Protection and Enforcement

Protection and Enforcement

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 (e.g., using distinctive packaging associated with the protected product).

Protected indications are treated as intellectual property rights by the Customs Regulation 1383/2003 (Regulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights), and infringing goods may be seized by customs on import. Within the European Union enforcement measures vary: infringement may be treated as counterfeit, misleading advertising, passing off or even as a question of public health. 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.

On 15 November 2011 the European Court of Auditors presented its report 'Do the design and management of the Geographical Indications Scheme allow it to be effective?' to the European Parliament.