Geographical Indications for Foodstuffs, Spirits and Wines

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Protection of regional and traditional names through the signs:

• • •

PDO - protected designation of origin, PGI - protected geographical indication TSG - traditional specialities guaranteed,

Protected Designation of Origin (PDO)

designate products attached to the name of the region, specific place or, in exceptional cases, the name of a country that is used to describe agricultural product or foodstuff.

The product’s quality or characteristic features must be mainly or exclusively connected with the specific geographical environment, as well as the natural and human factors, such as climate, soil quality and local know – how, appropriate to it.

The whole of the technological process, meaning: production, processing and preparation, takes place in this specific geographical area .

Protected Geographical Indication (PGI)

designate the name of the region, specific place or, in exceptional cases, the name of a country that is used to describe agricultural product or foodstuff originating from that region, place or country.

This product has its specific, unique quality and reputation, it is renown or has other features attributed to this geographical place of origin.

One of the three processes: production, processing or preparation of the product must take place in the defined area.

Traditional Specialities Guaranteed (TSG)

designate a feature or set of features which distinguishes an agricultural product or a foodstuff from other products similar to them or from products belonging to the same category.

The characteristic may be its physical, chemical, microbiological or organoleptic feature such as the taste, flavour or specific raw materials used for production.

The product can be called “traditional”, when it has been on the common market for the period of time equal to one generation i.e. at least 25 years.

Legal Basis:

International laws:

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The Paris Convention for the Protection of Industrial Property of 1883

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The Agreement on Trade- Related Aspects of Intellectual Property rights

(TRIPS) Articles 22to 24.

Community laws:

•

Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural

products and foodstuffs as traditional (OJ L 93, 31.03.2006, p. 1) •

Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural

products and foodstuffs (OJ L 93, 31.03.2006, p. 12),

•

Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89

• Council Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 369, 23.12.2006, p. 1)., • Council Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 275, 19.10.2007, p. 3).

National laws:

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The Act of 17th December 2004 on registration and protection of names of agricultural products and foodstuffs (with amendments),

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The Act of 18th October 2006 on production of spirit drinks and on registration and protection of geographical indications of spirit drinks

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The Act of 21st December 2000 on the commercial quality of agricultural and food products (with amendments),

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The Act of 30 June 2000 – Industrial Property Law

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The Regulation of the Prime Minister of 25 April 2002 on filing and processing of geographical indications applications

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The Act of 16 April 1993 on combating unfair competition

The European Union registration procedure

- is the same for geographical indication and designation of origin - at two levels: - Procedure at National level - Procedure at Community level

The authorities with competence in assessing applications for registration are:

1. The Minister with competence for agricultural markets, who: - accepts, evaluates and forwards applications for registration and applications to change the product’s specification to the European Commission, - conducts proceedings in the event that another state raises an objection to an application for registration filed by Poland, - receives objections and conducts proceedings in the event that Poland raises an objection to an application for registration filed by another country, - submits information to the European Commission on authorities and bodies with competence for products’ control and certification.

The Council for Traditional and Regional Names of Agricultural Products

and Foodstuffs, (a advisory body of the Minister), which provides opinions on: - applications for registration and applications to change specifications, - reservations on applications for registration, - objections to applications for registration raised by another state, - objections raised by Poland to another Member State’s application for registration.

Polish protected geographical indications and designations of origin for agricultural products and foodstuffs and geographical indications and designations of spirit drinks

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Geographical indications protected under Accessing Treaty

:

Polska Wódka/Polish Vodka

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Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass/Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej

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Polish Cherry

Protected geographical indications and designations of origin for agricultural products and foodstuffs registered after the accession:

• • • • • •

Bryndza podhalańska Oscypek Miód wrzosowy z Borów Dolnośląskich Półtorak Dwójniak Trójniak

• • • • • •

Czwórniak Rogal świętomarciński Wielkopolski ser smażony Andruty kaliskie Olej rydzowy Pierekaczewnik

Transitional national protection:

1. Podkarpacki miód spadziowy (application for Protected Designation of origin) 2. Wiśnia nadwiślanka (application for Protected Designation of origin) 3. Redykołka (application for Protected Designation of origin) 4. Miód drahimski (application for Protected Designation of origin) 5. Śliwka szydłowska (application for Protected Designation of origin)

6. Kiełbasa lisiecka (application for Protected geographical indication’ ) 7. Truskawka kaszubska (application for Protected geographical indication’ ) 8. Karp zatorski (application for Protected geographical indication’) 9. Suska sechlońska (application for Protected geographical indication’) 10. Miód kurpiowski (application for Protected geographical indication’ ) 11. Fasola korczyńska (application for Protected geographical indication’ ) 12. Jabłka łąckie (application for Protected geographical indication’ ) 13. Fasola wrzawska (application for Protected Designation of origin)

14. Obwarzanek krakowski (application for Protected geographical indication’ ) 15. Miód z Sejneńszczyzny lub miód z Łodzkiej (application for Protected Designation of origin) with Lithuania 16. Chleb prądnicki (application for Protected geographical indication’ )

17. Fasola „Piękny Jaś” z Doliny Dunajca lub fasola z Doliny Dunajca

(application for Protected Designation of origin) 18. Jabłka grójeckie (application for Protected geographical indication’ ) 19. Kołacz śląski lub kołacz śląski (application for Protected geographical indication’ )

Application for registration as a protected geographical indication of spirit drinks:

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Miodówka witosławska

Registered names are protected against:

• commercial use of a registered name in respect of products not

covered by the registration if they are comparable to the products registered under that name or if this use exploits the reputation of the protected name.

•

any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation" or similar;

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any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

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any other practice liable to mislead the consumer as to the true origin of the product;

The bodies involved in the control and certification system of products registered as PDO, PGI or TSG and their authorities:

1. The Minister with competence in agricultural markets

- who authorises the certification bodies to carry out controls and to issue and withdraw certificates confirming that products registered as PDO, PGI and TSG meet the requirements laid down in the specification.

2. The Chief Inspector of Agricultural and Food Quality Inspection

(AFQI): -

who supervises the certification bodies authorised by the minister with competence in agricultural markets.

3. The Voivodeship Inspector of Agricultural and Food Quality Inspection (AFQI):

- who carries out verification with compliance with specification of

products with PDO, PGI and TSG. 4.Authorised certification bodies

- which carry out verification with compliance with specification of

products with PDO, PGI and TSG.

(6 authorised certifying bodies in regional and traditional products operate in Poland. The selection of certification body is made by producers, who cover the costs of the inspection.)

AFQI :

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carries out official controls of foodstuffs bearing protected names: Designations of Origin, Geographical Indication and Traditional Speciality Guaranteed,

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supervises of product certification bodies;

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carries out verification with compliance with specification of products with PDO, PGI and TSG

Verification of compliance with specifications of the production process of products registered as PDO, PGI and TSG: - by AFQI or an authorised certification body

– is carried out on the request of producers – checks whether the product that is produced complies with the

declared specification .

The scope, frequency and type of control depend on the specific nature of the production process of the given product and are defined in the specification .

Control Proceedings The Chief Inspector elaborates guidelines concerning proceedings of the Voivodeship Inspectors of Agricultural and Food Quality during conducting official control of food and agricultural products.

T he Agricultural and Food Quality Inspection : ● Check of documents in order to identify the food and agricultural product, quality certificates, results of laboratory analyses and other documents that confirm the commercial quality.

● Check of packaging, labeling, presentation of agricultural and food products and transport and storage conditions.

● Exanimate of agricultural and food products.

● Determinate of class (category) of agricultural and food products. ● Sample and laboratory analyses ● Control of the way of production or correctness of processing (if it arises from separate provisions).

Relations between trademarks, designations of origin and geographical indications under The Act of 30 June 2000 – Industrial Property Law

Article 131

1. Rights of protection shall not be granted for signs: (iii) which, as for their nature, may mislead the public, in particular as to the nature, properties of the goods or, with regard to paragraph (3), as to the

geographic origin

thereof.

(…) 3. In the case of wines and spirits, any trademark, which incorporates geographical elements discordant with the true origin of the good, shall be considered as a trademark misleading the public.

Article 131

2. A right of protection shall not be granted for a sign, if: (ii) it incorporates the name or abbreviated name of the Republic of Poland, (...) the names or armorial bearings of Polish voivodships, towns or communities, (...) unless the applicant is able to produce evidence of his right, in particular in a form of an authorisation issued by a competent State agency or a permission given by an organisation, to use the sign in the course of trade, (iii) it incorporates the abbreviated names (...) of other countries, (...) if the prohibition of registration follows from international agreements, unless the applicant is able to produce an authorisation issued by a competent authority, which authorises him to use such signs in the course of trade,

Article 131

4. A right of protection shall not be granted for a trademark that contains geographical elements which, although literally true as to the territory, region or locality, in which the goods originate, are of such a nature as to mislead the public by false representing that the goods originate in another territory famous of given goods. In the case of homonymous geographical indications for wines and beers, protection shall be accorded on the condition that the subsequent applicant, who has later filed his application alters his trademark at the invitation of the Patent Office so as to make it distinguishable from the earlier trademark.

Article 132

• • 1. A right of protection shall not be granted for a trademark in respect of identical or similar goods, if the trademark is identical or similar to: (i) a registered geographical indication, unless the applicant is entitled to use that indication and the grant of a right of protection for the trademark is not supposed to excessively restrain other entitled parties from using the registered geographical indication, (i') a registered geographical indication or indication of origin for agricultural products and foodstuffs referred to in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 093 , 31/03/2006 P. 0012 – 0025), (i'') a registered geographical indication of a spirit drink referred to in Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160 , 12/06/1989 P. 0001 – 0017, Polish special edition Chapter 3 Volume 9 Page 0059) and a geographical indication signed in a national list of protected geographical indications of sprit drinks based on the Law of 18 October 2006 on the Producing of spirit drinks and the registration and protection of geographical indications of spirit drinks (OJ No 2008 item 1539)