Industrial Property Rights
2021.1.19
Differentiated Quality Products
Will Spanish foods with Protected Designations of Origin (Spanish acronym: DDOOPP) or Protected Geographical Indications (Spanish acronym: IIGGPP) continue to be allowed to be sold in the United Kingdom? Will their names be protected?
As regards the first question, in principle the United Kingdom (UK) will subject the import of products protected by Designations of Origin and Geographical Indications (wines, alcoholic drinks and agri-food products) to the same rules as analogous products without a geographical indication.
As regards the protection of their names, the Withdrawal Agreement establishes that registered Protected Designations of Origin and Geographical Indications from the European Union (EU), and hence legally protected within the EU, will enjoy, as from 31 December 2020 the same level of protection in the UK as they currently enjoy under prevailing legal regulations. Those that are registered in the EU subsequent to that date must be registered in the UK pursuant to its prevailing legislation.
What protection will Protected Designations of Origin and Protected Geographical Indications of food recognised in the United Kingdom have in the European market?
British Protected Designations of Origin and Geographical Indications registered and hence legally protected in the EU as at 31 December 2020 will enjoy the same level of protection in the EU as they currently enjoy under prevailing legal regulations. Those that are registered subsequent to that date must undergo EU administrative procedures since the UK will thenceforth be considered a third country.
It will fall to the EU to establish the protection system of UK geographical indications (which will not necessarily continue to have the nature of Protected Designations of Origin or Geographical Indications), taking into account, as the case may be, the international treaties which the European Union or its individual Member States are party to: Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of the WTO; the Paris Convention; the Lisbon Agreement; and in a hypothetical future case, the Geneva Act, etc.
Non official translation