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REGISTRATION OF

GEOGRAPHICAL INDICATIONS IN THE EU:


A GUIDEBOOK FOR APPLICANTS FROM
NON-EU COUNTRIES

EU-MUTRAP’s experts:
Authored by
Ms. Ester Olivas Cáceres, International GI expert
Reviewed and commented by
Mrs. Trinh Thu Hai and Mr. Pham Van Mach, National experts

This document has been prepared with the assistance of the European Union. The views expressed
herein are those of the authors and therefore in no way reflect the official opinion of the European
Union nor the Ministry of Industry and Trade

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CONTENTS

INTRODUCTION...................................................................................................3
GUIDE ON GEOGRAPHICAL INDICATIONS ............................................................3
1. OVERVIEW OF GIs IN THE EU ...................................................................4
1.1. EU definitions of GIs ................................................................................... 5
1.2. Product names that may be protected as GIs ............................................. 7
1.3. Product names that may NOT be protected as GIs ..................................... 9
1.4. Key aspects to bear in mind before deciding to present an application to
register a GI from a non-EU country in the EU.......................................... 11
2. REGISTRATION IN THE EU OF GIs FROM NON EU COUNTRIES ................12
2.1. GI application ........................................................................................... 13
2.1.1. Product Specification ......................................................................... 14
2.1.2. Accompanying information................................................................ 22
2.1.3. Single Document ................................................................................ 23
2.2. Procedure to register a GI in the EU ......................................................... 28
2.3. Costs of GI registration for producers ...................................................... 33
2.4. Challenges for producers when seeking for GI registration in the EU ....... 34
3. ONCE GIs ARE REGISTERED IN THE EU ....................................................35
3.1. Use of EU symbols .................................................................................... 35
3.2. Scope of protection .................................................................................. 37
3.3. Control of GIs and Enforcement of GI protection in the EU ...................... 39
4. LESSONS LEARNT FROM A VIETNAMESE GI CASE ...................................40
5. USEFUL SOURCES ...................................................................................43
CONCLUSION ....................................................................................................47

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INTRODUCTION

Small isolated territories and large regions or even countries around the world, handicapped by
inflexible factors such as climate, location, etc. find themselves at a disadvantage to access a
globalised market. In contrast, these same regions often benefit from a unique biodiversity,
local knowledge and natural resources, which when linked to a historical and cultural heritage,
result in a richness of local and traditional products that should have a promising place in
international markets. These products, which unique qualities and characteristics depend
fundamentally on their geographical origin by virtue of the climate, soil composition, human
and other factors, are the so-called Geographical Indications (GIs).

GIs are a type of intellectual property right, consisting of words (generally names of places)
used to identify the quality, reputation and other characteristics of products linked to their
geographical origin. Wines, spirit drinks, agricultural products and foodstuffs, as well as
handicraft products (in some countries), genuinely originating in certain territories, can be
recognized and protected as GIs.

The concept of "geographical indication" (GI) enjoys an international dimension. Nowadays,


every country in the world claim that their agricultural or traditional products belong to a
cultural or gastronomic heritage, as a historical symbol of a country or a community. Moreover,
this differentiation by tradition and history is part of a wish for economic development. Proof of
this is that there are more than 10.000 protected GIs in the world, with an estimated trade
value of more than US$ 50 billion. Therefore, GIs find their place in a globalisation of
differences, a consequence of the cultural richness in the countries of the whole world.

GUIDE ON GEOGRAPHICAL INDICATIONS

Since 1996, Viet Nam has developed the protection of GIs, now legislated under the Intellectual
Property Law 20051, amended by Law No. 36/2009/QH122, and its implementing regulations3.
At present, an increasing number of Vietnamese GIs are registered by the competent
authority, the National Office of Intellectual Property of Viet Nam (NOIP), including some
famous products such as Phú Quốc fish sauce, Buôn Ma Thuột coffee, Bình Thuận dragon fruit,
Lạng Sơn Star aniseed or Hòa Lộc mango, etc.

Buôn Ma Thuột coffee Bình Thuận dragon fruit Lạng Sơn star aniseed Hòa Lộc mango

1 Law No. 50/2005/QH11 of 29 November 2005, on Intellectual Property.


2 Law No. 36/2009/QH12 of 19 June 2009, Amending and Supplementing a Number of Articles of the Law on Intellectual
Property.
3 Decree No. 103/2006/ND-CP of 22 September 2006, Decree 105/2006/ND-CP of 22 September 2006, Decree
106/2006/ND-CP dated 22 September 2006, Circular No. 01/2007/TT-BKHCN of 14 February 2007.
3
But in addition to providing national recognition and protection, GIs can also be an effective
marketing tool in the international markets when registered abroad. Thus, in order to foster
exports of Vietnamese products in the European Union (EU) and within the framework of the
European Trade Policy and Investment Support Project (EU-MUTRAP), the Ministry of Industry
and Trade of Viet Nam in partnership with the European Commission (EC) and the National
Office of Intellectual Property of Vietnam (NOIP) have decided to elaborate the present
Guidebook on GIs, which provides right holders of GIs with all relevant information on how to
apply for registration of their GIs in the EU.

This Guidebook will accompany the applicants through the EU registration procedure of GIs,
explaining main requirements to be fulfilled and elements to be included in the application.
Furthermore, it will explain the various aspects on protection, control and enforcement that
entail the GI registration in the EU, concluding with the successful and encouraging story of one
GI that has already gone through that path, becoming the first Vietnamese GI to be registered
in the EU.

1. OVERVIEW OF GIs IN THE EU

Citizens and consumers in the EU increasingly demand quality as well as traditional products,
with identifiable specific characteristics, in particular those linked to their geographical origin 4.

In addition, producers need right tools to better identify and promote those products that have
specific characteristics linked to their origin, while protecting them from unfair and bad faith
practices.

This two-fold context of consumers and producers, justifies the priority of the EU to have a sui
generis5 system for the protection of GIs in the 28 Member States of the EU6.

The GI system in the EU is available for names of three types of products: wines, spirit drinks
as well as foodstuffs and agricultural products, these last ones intended for human
consumption but also for non-human consumption in some cases. If included under the scope
of the relevant EU regulations and comply with prescribed requirements, the names of these
types of products can be recognized and protected as GIs in the EU.

4 A recent study (AND International financed by the EC in October 2012) concluded that, in average, GI products were sold
2.23 times as high as a comparable non-GI products between 2005 and 2010. A United States Consumer Survey (DeCarlo,
Pirog and Franck 2005) noted that for 72% of respondents the geographic characteristics such as soils do influence the taste
and quality of foods. A large 1999 EU study of 20.000 consumers on the purchasing of GI products found that the primary
purchase motivation for 37% of the respondents was the guarantee of origin, for 35% it was the expected quality, for 31% it
was the particular place the product came from and the method of production, and for 16% it was tradition.
5 Sui generis is a Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The sui generis
system of protection of GIs is a system with a specific law that considers GIs as a specific, separate intellectual property
right.
6 The 28 Member States of the EU are the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom (by June 2014).
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Wines Spirit drinks Agricultural products and foodstuffs

1.1. EU definitions of GIs

Within the framework of the EU legislation, GIs receive different definitions depending on the
type of product:

a) Wines7: Designation of Origin (DO) and Geographical Indication (GI) are defined taking into
consideration the specificity of the wine sector.

‘Designation of origin’ means the name of a region, a specific place or, in exceptional cases,
a country used to describe a product that complies with the following requirements:
 its quality and characteristics are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors;
 the grapes from which it is produced come exclusively from this geographical area;
 its production takes place in this geographical area;
 it is obtained from vine varieties belonging to Vitis vinifera;

‘Geographical indication’ means an indication referring to a region, a specific place or, in


exceptional and duly justifiable cases, a country, used to describe a product which complies
with the following requirements:
 it possesses a specific quality, reputation or other characteristics attributable to that
geographical origin;
 at least 85% of the grapes used for its production come exclusively from this
geographical area;
 its production takes place in this geographical area;
 it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis
vinifera species and other species of the genus Vitis.

b) Spirit drinks 8 : Different from the definition for wines and agricultural products and
foodstuffs, the definition of GIs for spirit drinks is only one, without distinguishing between
DO and GI, as follows:

7 GI wines are governed under Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December
2013 establishing a common organisation of the markets in agricultural products. Detailed rules for the implementation of
provisions related to protected designations of origin and geographical indications are defined in the Commission
Regulation 607/2009 of 14 July 2009, Commission Regulation 538/2011 of 1 June 2011 and Commission Implementing
Regulation 670/2011 of 12 July 2011.
8 GI spirit drinks are regulated under EU Regulation 110/2008 of 15 January 2008.
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For spirit drinks, a ‘geographical indication’ shall be an indication which identifies a spirit
drink as originating in the territory of a country, or a region or locality in that territory,
where a given quality, reputation or other characteristic of that spirit drink is essentially
attributable to its geographical origin.

c) Agricultural products and foodstuffs 9 : Two definitions, DO and GI, are foreseen for
agricultural products and foodstuffs.

‘Designation of origin’ is a name which identifies a product:


 originating in a specific place, region or, in exceptional cases, a country;
 whose quality or characteristics are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors; and
 the production steps of which take place in the defined geographical area.

‘Geographical indication’ is a name which identifies a product:


 originating in a specific place, region or country;
 whose given quality, reputation or other characteristic is essentially attributable to its
geographical origin; and
 at least one of the production steps of which take place in the defined geographical
area.

In addition, certain names shall be treated as DO even though the raw materials for the
products concerned come from a geographical area larger than, or different from, the
defined geographical area, provided that:
 the production area of the raw materials is defined;
 special conditions for the production of the raw materials exist;
 there are control arrangements ensured; and
 the DO in question was recognized as such in the country of origin before 1 May 2004.
Only live animals, meat and milk may be considered as raw materials for the purposes of
this paragraph.

It is very important to understand the main differences between a DO and GI (except for the
case of spirit drinks) because applicants must ensure that they choose the most appropriate
figure to apply for protection of their product in the EU:

Aspects DO GI
Raw materials Must come from the defined Not necessarily from the defined
geographical area. Exception: geographical area. Exception:
Agricultural products and Wines (at least 85% from the area +
foodstuffs (for products of animal 15% from the same Member State).
origin, feed from outside the area
shall not exceed 50% of dry matter
per year).

9 Agricultural products and foodstuffs are governed under EU Regulation 1151/2012 of 21 November 2012. Detailed rules for
the implementation of provisions related to protected designations of origin and geographical indications are defined in the
Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 and the Commission Implementing Regulation
(EU) No 668/2014 of 13 June 2014.
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Quality or Essentially or exclusively due to Merely attributable to its
characteristics a particular geographical origin geographical origin.
(natural and human factors). Includes also reputation.
Link between territory More objective / stronger. Necessary but not essential or
and characteristics exclusive.
Stages of production All MUST take place in the same At least one takes place in the
(production, geographical area. geographical area.
processing and Exception: Wines (all stages take
preparation) place in the geographical area).

Therefore, the differences between DO and GI may arise from the link between the product
and its geographical origin, the sourcing of raw materials or the geographical area of
production. It is clear that the geographic link is stronger for a DO than for a GI, but that does
not mean that the quality of a DO product is better or worse than the quality of a GI product.
Both of them serve to provide protection to differentiated products whose quality and
characteristics are due to their source. Prove of that is that the EU confers the same protecting
rights to Protected Designations of Origin (PDOs) and to Protected Geographical Indications
(PGIs).
Example: Arroz de Valencia (Rice – Spain) is registered as a PDO while Riso del Delta del Po (Rice –
Italy) is registered as a PGI in the EU. The main difference between the two products for being PDO or
PGI relates to the stages of production. For Arroz de Valencia PDO, all stages (rice-growing, processing
and packaging) are carried out in the area of origin, according to the product specification. For Riso
del Delta del Po, the product specification indicates that “because of the particular conditions that
characterise the growing of the rice, the production phase must take place within the geographical
area”, whereas it does not state that drying and processing must also take place in the geographical
area but it is only necessary to respect the specific processing and packaging rules provided for these
phases. Nevertheless, both products Arroz de Valencia PDO and Riso del Delta del Po PGI enjoy of
the same level of protection at EU level.

1.2. Product names that may be protected as GIs

The names of the following categories of products are eligible to be protected as GI products in
the EU:

a) Wines: The EU regulation includes a list of wine products that can be protected as DO or
GI. This list includes wine, liqueur wine, quality aromatic sparkling wine, semi-sparkling
wine, aerated semi-sparkling wine, partially fermented grape must, wine from raisined
grapes and wine of overripe grapes, among others.

It is important to note that some GI wines from third countries have been registered in the
EU through bilateral agreements or ad hoc decisions. Such is the case of Napa Valley (USA)
and Vale dos viñedos (Brazil).

b) Spirits: All spirit drinks placed on the market in the EU, whether produced inside or outside
the EU, as well as those produced in the EU for export can be protected as GIs. The EU
regulation also applies to the use of ethyl alcohol and/or distillates of agricultural origin in

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the production of alcoholic beverages and to the use of the names of spirit drinks in the
presentation and labelling of foodstuffs.

There are already some spirit product categories included on the Regulation. This list
includes rum, whisky, grain spirit, wine spirit, brandy, grape marc spirit, fruit spirit, cider
spirit and perry spirit, vodka, geist, gentian, juniper-flavoured spirit drinks, aquavit, aniseed-
flavoured spirit drinks, distilled anis, bitter-tasting spirit drinks/bitter, liqueur, crème de
cassis, nocino and others.

At present, only a limited number of non-EU spirit GIs have also been protected in the EU.
Such is the case of Rum of Guatemala and Pisco from Peru.

Other spirit drinks enjoy GI protection through bilateral agreements signed between the
EU and third countries. Such is the case of Tequila and Mezcal from Mexico, and Bourbon
Whisky and Tennessee Whisky from the USA.

c) Agricultural products and foodstuffs: Not all food and agricultural products are eligible to
be protected as DO or GI. The EU legislation covers only:

 Agricultural products intended for human consumption, referred on the Annex I of the
Treaty10, which are basic agricultural products, i.e. meat, dairy and fish products, fruits
and vegetables.
Example: Carn d'Andorra PGI (Meat – Andorra)

 Some foodstuffs, referred on the Annex I of the Regulation 1151/2012, such as beer,
chocolate and derived products, bread, pastry, cakes, confectionery, biscuits and other
baker’s wares, beverages made from plant extracts, pasta, salt, natural gums and resins
and mustard paste.
Example: 龙井茶 Longjing cha PDO (Tea – China) or Café de Colombia PGI (Coffee –
Colombia).

 Some agricultural products not intended for human consumption, listed also in the
Annex I of the Regulation 1151/2012, such as hay, essential oils, cork, cochineal, flowers
and ornamental plants, cotton, wool, wicker, scutched flax, leather, fur and feather.
Example: Bergamotto di Reggio Calabria - Olio essenziale PDO (Essential oils – Italy) or
Native Shetland Wool PDO (United Kingdom).

It is important to note that up to now there are no registered GIs from non-EU
countries for agricultural products not intended for human consumption.

 Wine-vinegars (as an exception not covered by wines and spirits).


Example: 镇江香醋 Zhenjiang Xiang Cu PGI (Rice vinegar – China)

d) Handicraft and industrial products: As previously mentioned, names of a limited number of


handicrafts produced from agricultural products have been progressively included on the

10 Treaty on the Functioning of the European Union (Consolidated version 2012)


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EU GI legislation, as agricultural products not intended for human consumption. GI names
of these products must be registered at EU level to be protected, following the registration
procedure established to that end, which is the same as for food and agricultural products.
Example: Huile essentielle de lavande de Haute-Provence / Essence de Lavande de Haute-
Provence PDO (Essential oils – France), among others.

Apart from these, the other agricultural non-food products and industrial products are
excluded from the scope of the EU Regulation and at present, there is a not common legal
framework to register and protect GIs for non-agricultural and food products in the EU.
Only in some EU Members States, non-agricultural GI products may be protected through
legal instruments at national level but this protection does not apply to all EU territory.
Examples:

COUNTRY PRODUCT NATIONAL LEGAL FRAMEWORK


It is protected as a collective trademark for glass producers
in the Murano island, by the Regional Law no. 70 of 23
December 1994, which management of the trademark
Italy Glass
“Vetro Artistico Murano” is assigned to the Consortium
Promovetro and renewed by Resolution of the Regional
Board on 29 December 2011.
Cutlery, scissors,
Confers protection of GIs under the Solingen Decree of 16
Germany knives,
December 1994.
razorblades, etc.
Bulgaria
Czech Republic
France Artisan goods Some countries confer protection to handicraft and artisan
Poland and handicrafts products through sui generis GI legislation at national level.
Portugal
others…

In recent years, the Directorate-General of Internal Market and Services of the European
Commission has launched several studies to evaluate the feasibility of the protection of GIs
for non-agricultural products in the internal market11.

However, until the European Commission decides what actions shall undertake in this
matter, the future for non-agricultural GI products will remain uncertain, and the 28-
Member State protection may only be achieved for non-agricultural and industrial
products through a Community Collective Trademark.

1.3. Product names that may NOT be protected as GIs

When assessing the eligibility of product names that may become GIs in the EU (wines, spirits
and agricultural and food products), it is important to bear in mind the product names that
may NOT be registered as GI products in the EU:

11 Study on Geographical Indication protection for non-agricultural products in the internal market of 22 March 2013.
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 Names that have become generic: According to EU legislation, “generic terms mean the
names of products which, although relating to the place, region or country where the
product was originally produced or marketed, have become the common name of a product
in the Union”.
Example: The name “Feta” applied for registration as a PDO in the EU for cheese produced from
ewe’s and goat’s milk in Greece. Denmark, Germany and France opposed to this application.
Member States provided information on the production, consumption and knowledge by
consumers on the denomination “Feta”, which was submitted to a Scientific Committee for its
examination. The Scientific Committee concluded that the production and consumption of “Feta”
is heavily concentrated in Greece and in the mind of consumers the name “Feta” is also
associated with a Greek origin, thus the name had not become generic on the EU territory.
Therefore, it adopted a unanimous opinion that the term “Feta” is not generic and in 2002, and
the Commission adopted the decision of registering Feta as a PDO.

 A name that conflicts with a name of a plant variety or an animal breed and is likely to
mislead the consumer as to the true origin of the product.

Example: Names such as “Typica”, “Bourbon”, “Caturra”, etc. or names of varieties of the
Arabica species of coffee could not be registered as GIs.

 A name proposed for registration that is wholly or partially homonymous 12 with a name
already entered in the EU, unless there is sufficient distinction in practice between the
conditions of local and traditional usage and presentation of the homonym registered
subsequently and the name already entered in the register, taking into account the need to
ensure the equitable treatment of the concerned producers and that consumers are not
misled.
Example: “Jambon d'Ardenne” (Meat-based product – Belgium) and “Jambon sec et noix de
jambon sec des Ardennes” (Meat-based product – France) are both registered PGIs in the EU,
covering different geographical regions with the same name as the places of origin for the same
kind of products.

Furthermore, a homonymous name which misleads the consumer into believing that
products come from another territory shall not be registered even if the name is accurate as
far as the actual territory, region or place of origin of the products in question is concerned.

 A name where, in the light of a trade mark’s reputation and renown and the length of
time it has been used, registration of the name proposed as a DO or a GI would be liable to
mislead the consumer as to the true identity of the product.

It is important to note that if a trademark which has been applied for, registered or
established by use if that possibility is provided for by the legislation concerned, in good
faith within the territory of the Union, before the date on which the application for the
protection of the DO or GI is submitted to the Commission, may continue to be used and
renewed for that product notwithstanding the registration of a DO or a GI, provided that no
grounds for its invalidity or revocation exist. On those cases, the use of the PDO or the PGI
shall be permitted as well as the use of the relevant trademark. This is the so-called
principle of co-existence.

12 ‘Homonyms’ are words which are spelled and/or pronounced alike but are different in meaning.
10
In other words, a prior trademark may continue to be used and renewed in the EU
territory, once a GI for the same product is registered, if the trademark was registered in
good faith before the GI was protected and there are no grounds for its invalidity or
revocation.
Example: Case C-343/07 Bavaria N.V. and Bavaria Italia Srl v Bayerischer Brauerbund, Court of
Justice of the European Communities, 2 July 2009 - The Dutch company Bavaria N.V. began to
use the designation “Bavaria” in 1925 becoming the company name in 1930. On the contrary,
Bavaria Italia Srl v Bayerischer Brauerbund is the long-standing associations of Bavarian Brewers
holders of the PGI ‘Bayerisches Bier’ for Bavarian Beer since it was registered in 2001. As a result
of the proceedings started by the PGI holders against Bavaria NV, the Court of Justice of the EU
affirmed the principle of co-existence, holding that trademarks of third parties, registered prior
to the date on which the application for registration of the PGI ‘Bayerisches Bier’ was filed, in
which the word ‘Bavaria’ appears, could continue to exist.

 Non-geographical names, unless and only if it is proved that the specific product is
intrinsically linked with the defined geographical area.
Example: The PDO Feta, registered in the EU register in 2002, refers to a white table cheese
which is stored in brine and produced, using traditional methods, exclusively from sheep’s milk,
or from a mixture of sheep's milk and goat's milk with the latter not exceeding 30% of the milk
net weight, on the Greek geographical areas of Macedonia, Thrace, Thessaly, Central Mainland
Greece, the Péloponnèse, Lesbos prefecture. None of the areas where the product originates
have the designation “feta”, being a non-geographical name that nevertheless refers to a PDO.

Additional key aspects to bear in mind:

 As regards to agricultural products and foodstuffs, a registered name and an unregistered


name that are identical can coexist only where the country of origin is visibly indicated on
the label and for a maximum of 15 years, after which the unregistered name shall cease to
be used, provided that a) the identical unregistered name has been in legal use consistently
and equitably for at least 25 years before the application for registration was submitted to
the Commission; b) it is shown that the purpose of its use has not at any time been to profit
from the reputation of the registered name and that the consumer has not been nor could
be misled as to the true origin of the product; c) the problem resulting from the identical
names was raised before registration of the name.
 For wines only, where the name of a wine grape variety contains or consists of a PDO or a
PGI, that name shall not be used for the purposes of labelling the wine products.

1.4. Key aspects to bear in mind before deciding to present an application to


register a GI from a non-EU country in the EU

Applying for GI registration in the EU entails a long process that must be endorsed by the strong
commitment of GI stakeholders. Therefore, it is recommended to assess several aspects before
deciding to start the GI registration process in the EU:

 Exportability: If the product is not being exported into the EU yet, ensure that it may access
the EU market under the corresponding EU rules (sanitary, export requirements, etc.).
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 Marketability: Analyze if the kind of product intended to be registered is already
commercialized in the EU market or at least it has a real potential, and if so, asses the
acceptance that the GI product will have in the EU market.

 Marketing strategic plan: Define a marketing strategic plan to protect and position the GI
product in the EU market, integrating the means of collaboration with private sector
entities to ensure adequate promotion and to safeguard the reputation of the GI product in
the EU.

 Possible barriers: Analyze the obstacles that may arise when applying for registration,
such as prior trademarks in the EU for the same or similar name, eligibility of the product
name, potential competitors producing the same type of products, etc. These aspects may
result in one or several oppositions to the registration of the GI and it will be important to
be prepared for an efficient and justified response.

 Costs and benefits: Do an estimation of the costs and benefits that may entail the overall
registration process and assess the available resources to cover it as well as to cover the
future surveillance of the product in the EU market.

 Sustainability: After defining the marketing strategic plan and assessing the possible costs
and benefits (of the GI management, controls, registration and post-registration
surveillance), ensure that the managing body will be able to sustain the GI over time,
despite the support from external partners that may receive temporarily in any of these
phases.

Only when these aspects have been analyzed and applicants have reached the conclusion
that the registration of the GI is viable and worthy, it will be the right time to start preparing
the GI application to the EU.

2. REGISTRATION IN THE EU OF GIs FROM NON EU COUNTRIES

The EU foresees the registration of GIs for wines, spirits and agricultural and foodstuff
products originating in EU Member States but also in non-EU countries.

Differently to the registration of EU GIs, the applications for GI from non-EU countries shall be
filed directly to the EC of the European Communities, located in Brussels.

The GI application can be filed by the concerned authorities of the non-EU country (e.g. from a
Ministry, from a Government Agency, from a People’s Committee of a province, from the
Embassy to the EU, etc.) or directly by the applicant group 13 or their authorized
representative. Regardless of who presents it from those referred to above, it must be clear
that the group is in charge of the GI application.

13 ‘Group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the
same product.
12
When the GI area covers regions from two countries, the EU GI system provides for the
registration of cross-border GIs, through the presentation of joint applications: In this case, the
application must be submitted to the Commission by a Member State concerned or by an
applicant group in third country concerned, directly or through the authorities of that third
country.

The GI application shall be submitted by electronic form to the following address:


AGRI-B3@ec.europa.eu
Furthermore, if at all possible, the Commission asks to retain the WORD format on the
documents that compose the overall application.

It is important to note that it is also possible to submit the GI application on line, through the
on line tools available in the EC (DOOR for agriculture products and foodstuffs and E-CAUDALIE
for wines). Even if at present, the application of GI registration may be presented on line
through different tools depending on the type of product, the Commission intends to launch a
common on line tool for wines, spirits, agricultural and foodstuff products in the near future.

The GI application shall be submitted in one of the official languages of the European Union 14
or accompanied by a translation on one of those languages.

2.1. GI application

The main players involved in the GI registration procedure are the applicants (group of
producers) and European authorities are responsible for registration. The group of producers
interested in applying for the registration of a GI name in the EU must follow the established
procedure, which is very similar to the procedure for the registration of a European GI name.
Third country applicants will deal directly with the European Commission, avoiding the
examination by EU Member States that exists for EU applications.

GI applications from non-EU countries must contain the four elements requested for EU
applications:

1. The name and address of the applicant group;


2. The product specification;
3. The Single document, summarizing the content of the GI specification;
4. The proof that the name in question is protected in the country of origin.
All documents shall be submitted in one of the EU languages!

When the GI area covers regions from more than one country, it can be filed a joint application
for a cross-border GI: In this case, the application shall include the declaration from all the
Member States concerned (stating that it considers that the application lodged by the group
and qualifying for the favourable decision meets the registration conditions) and the proof of
protection in each of the third countries concerned. Such is the case of the Irish Whiskey from
Ireland and Northern Ireland (United Kingdom).

14 By June 2014, the European Union has 24 official languages: Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian,
Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian,
Slovak, Slovene, Spanish and Swedish.
13
Only for spirit drinks, the GI application shall include a technical file setting out the
specifications with which the spirit drink concerned must comply. This technical file will include
basically the same contents as those included on the product specifications for wines and
agricultural products.

2.1.1. Product Specification

In order to be eligible for registration, an agricultural product, a foodstuff or a wine must


comply with a so-called “product specification” or “technical file” for spirit drinks (hereinafter
so-called as “product specification”).

The product specification is the key document, the document that the EC will analyze carefully
to decide if the product can be registered in the EU. It should be prepared by the group of
producers, including detailed information on the elaboration of the product which name will be
registered.

This document contains all information about the product, including its specific qualities, its
area of production, as well as the link between the product and the geographical environment
where it originates. Furthermore, it is in the product specification where it must be clearly
stated whether the name is to be registered as a Protected Designation of Origin (PDO) or as
a Protected Geographical Indication (PGI).

There is not a specific format or template to complete this document, thus it can be of any
length, including annexes and supporting documents to give evidence and proof of the
elements of the application. However, an excessively long document does not mean that it is a
better document. Being concrete and precise will be an asset for any product specification.

It is important to note that no confidential data or private personal information shall be


included on the product specification, because if the application is accepted, the European
Commission will make it public on its website.

As with the definitions, the EU regulations describe three types of product specifications,
slightly different if the products are wines, spirit drinks and agricultural or foodstuffs.
Considering that most contents are the same for each type of product, this Guide includes the
common elements of the product specification together with any additional remark to be noted
depending on the type of product.

The product specification shall include, at least, the following contents:

1. The name to be protected as a DO or as a GI: Such name must be included as it is used,


whether in trade or in common language, and only in the languages which are or were
historically used to describe the specific product in the defined geographical area.

Key aspects to bear in mind:

 It must be proved that the name is used in trade or in common language to designate
the specific product before presenting the application. The recognition of a DO or a GI is

14
not intended to create new or artificial names, without any demonstration of their
actual use in commerce or in common language. The use in trade will also be
determinant to decide the name that will be presented for GI protection in the EU.
Example: The producers of the well-known GI Champagne (Wine – France) applied for
protection of the name “Champagne” and not “Champagne sparkling wine” because that is
the name used on trade. For the same reason, “Café de Colombia” (Coffee – Colombia)
applied for this name as GI and not for the name “Colombia” only, because this GI coffee is
known as “Café de Colombia” on trade.

 Descriptive words should be avoided, unless they are an inherent part of the name of
the product. Some examples would be “traditional”, “original”, “homemade”, “natural”,
etc.
 The name must be written in the language used in the region of origin, which may be a
national language or a lesser-used language or a dialect or a language historically used
in that region to describe the product. If the name is not in Latin letter, it shall be
provided a Latin transcription15 of the name. Note that the name shall be registered in
its original script and where the original script is not in Latin characters, the
transcription in Latin characters shall be registered together with the name in its
original script.
Example: The French transcription of an Arabic name may be different from the German or
English transcription and the applicant shall choose the one that will enter in the register.

 Names in foreign languages or national languages, but not used in the concerned
region, will not be accepted.
 If more than one name is used for the same product (where national and regional
languages are used), the applicant can choose to register one or all names but the
names shall be separated by "/" and not by "or".
Example: Almendra de Mallorca / Almendra Mallorquina / Ametlla de Mallorca / Ametlla
Mallorquina are all names included on the product specification to identify the same PGI
(Almond – Spain).

If the names refer to different products, applicants shall file a separate application for
each product having a different name. Every time it is quoted as such, this double name
must be repeated totally. The text can be made less heavy by using terms such as "the
wine" or “the cheese” where the meaning is clear.
 If one name covers several ‘distinct products’16 which are entitled to use it, the name
must be used to denominate each form of the product, describing both products and
showing separately the compliance with the requirements for registration but in one
single application.
 If one name covers different presentations of the product (e.g. fresh and dried fruits),
it must be clearly specified in the product specification.
Example: The name Volailles du Maine (Chicken – France) includes within the PGI the
commercial poultry of superior quality with tender meat and no excess fat, the poultry
marketed fresh or frozen, whole (oven-ready or with giblets) or in sections.

15 'Transcription' is not a translation and is not a transliteration: a transcription in Latin letters gives (approximately) the same
sound as the word read in its original script.
16 ‘Distinct products’ mean products that, although using the same registered name, are differentiated when placed on the
market or considered as different products by consumers..
15
 To show that consumers may not be misled by the use of such a name, a justification
must be provided in case of a name that:
o is a traditional or a non-geographical name;
o contains partly or wholly the name of a variety or a breed.

2. A description of the product: Such description must include the raw materials, if
appropriate, as well as the principal physical, chemical, microbiological or organoleptic
characteristics of the product.

The description must begin with the detailed type of product. For example, the
“Roquefort” cheese is a cheese...” As the name will not be translated, it will be useful to see
immediately what the product is.

Key aspects to bear in mind:

 The description must give technical, scientific data to describe the specific product,
using definitions and standards commonly used for that product. Physical,
microbiological, chemical and organoleptic data, in a precise language must be used to
describe the product.
 Technical characteristics inherent to all products of that type and related mandatory
legal requirements applicable to all products of that type must be avoided.
 It is recommended to describe the technical characteristics of the product using
margins (from - to, minimum – maximum, etc.), if at all possible, to avoid difficulties on
their compliance by GI holders.
 This section must be consistent with the specific elements that are caused by the
production in the geographical area, but it can include features that are not particularly
due to the production in the area if they are relevant for the characteristics of the
product.
 For livestock products from grass-fed animals, the minimum grazing in months or the
total period in the year period should be mentioned.
 For processed products only, raw materials used and any quality conditions, such as
variety or breed, fat content, etc. must be included. If there are restrictions of the
supply of raw materials due to the quality of the product, they must be justified.
 For products of animal origin only, detailed rules on the origin and the quality of the
feed required and/or allowed must be stated, as well as the minimum graze period for
pasture-fed livestock.
 In respect of products of animal origin registered as a PDO, feed shall be sourced
entirely from within the defined geographical area. If sourcing entirely from the
defined geographical area is not technically practicable, feed sourced from outside the
area can be added, as long as the product quality and characteristics essentially due to
the geographical environment are not affected. In any case, feed sourced from outside
the defined geographical area shall in no case exceed 50% of dry matter on annual
basis.
 For fresh fruit and vegetables, references to plant varieties may be contained in the
description of the product; it is not a compulsory requirement, but it is often done when
describing such products.
Example: The PGI Cítricos Valencianos (oranges – Spain) includes on the specification the
several varieties for mandarins, oranges and lemons that are covered by the PGI.
16
 All steps of the production process, from sourcing raw materials through to the final
product, which must take place in the identified geographical area, may be briefly
referred to in the description of the product, keeping in mind that the detailed
description of the method of obtaining the production shall be made on a separate
section.
 Rules concerning slicing, grating, packaging, etc. may also be added in the description,
remembering that any restriction or prohibition on these processes must be justified.
 Rules concerning labelling are also optional, including any labelling requirements. If the
product bears a logo, it may be reproduced in black and white in the specification.
 Additionally for wines only, its principal analytical and organoleptic characteristics and
well as the oenological practices used to make the wines or any relevant restrictions
must be included on the description.
 Additionally for spirits only, a description of the spirit drink including the principal
physical, chemical and/or organoleptic characteristics of the product as well as the
specific characteristics of the spirit drink as compared to the relevant category must be
included on the description.

3. The definition of the geographical area: Such area shall be delimited with regard to the link
between the characteristics of the product and its geographical origin (as referred to in
point 6. a) or b) below) and, where appropriate, details indicating the raw materials coming
from a geographical area larger than or different from the processing area.

The geographical area shall be defined in a precise way that presents no ambiguities,
referring as far as possible to physical and administrative boundaries.

Example: In France, the definition of the geographical area is made by qualified experts and
specialists on history, geology, etc. It is also possible to define the area referring to physical
boundaries (mountains, sea, rivers, etc.) or administrative boundaries. However, administrative
boundaries not always correspond to the GI geographical area or the GI geographical area must
be delimited.

Key aspects to bear in mind:

 General terms must be avoided.


 The geographical area must be delimited in relation to the link between the place and
the product.
 Any particular characteristics of the area (soil types, environmental features, etc.)
which may be determinant to prove the link must also be mentioned.
 Including a map of the geographical area of the product may be very useful for
examiners.
 In exceptional circumstances, a whole country can be used as the GI area when it
presents homogenous characteristics.
Example: The PDO Viande de porc, marque nationale grand-duché de Luxembourg (Porc
meat – Luxembourg) includes the name of the entire country of Luxembourg as the
geographical area.

 Additional for wines only:

17
o For products with a PGI, the portion of grapes, of up to 15%, which may originate
outside the demarcated geographical area, shall come from the third country
concerned in which the demarcated area lies.
o Two points after the definition of the geographical area must be included on the
product specification: the maximum yields per hectare and an indication of the wine
grape variety or varieties the wine is obtained from.
o A product with a PDO may be made into wine either: a) in an area in the immediate
proximity of the demarcated area concerned; b) in an area located within the same
administrative unit or within a neighboring administrative unit, in conformity with
national rules; or c) in the case of a trans-border DO or GI, or where an agreement on
control measures exists between two or more Member States or between one or
more Member State(s) and one or more third country(-ies), a product with a PDO or
PGI may be made into wine in an area situated in the immediate proximity of the
demarcated area in question.

4. Evidence that the product originates in the defined geographical area of the DO or GI: The
link between the product and the geographical area is the entire basis of a GI. Therefore,
most parts of the product specification demand to relate all information to the link between
the product and its origin.

In this part, the product specification shall identify the procedures which operators must
have in place to inform on the proof of origin concerning the product, raw materials, feed
and other items that are required to come from the defined geographical area.
Example of traceability system: According to the specification of the PGI Riz de Camargue (Rice
– France), the Union of Rice Growers in France (GI holders) has set up a traceability system, from
harvesting to marketing of the product. Such system includes the following steps:
 A list of producers (according to multi-year commitments and annual statements of plots).
 Reception:
At the storage agency - Each delivery of rice from an identified producer and declared in the
production area (controlled by the union) is accompanied by an official document of customs
– a receipt – which includes: Owner’s name, place of production; Product / type, family,
variety; Date of transport; Destination; Weight. This document is archived by the storage
agency.
At a rizier or conditioner - Each delivery is identified on a register that includes: Name of the
supplier; Product / type, family, variety; Date; Amount.
 Storage, either being the storage agency, the rizier or the conditioner - Each storage unit is
identified according to its content and its provenance from Camargue. Any movement of rice
in the cells involved is mentioned in a register before bin transfer or transfer.
 Elaboration - Each batch passing to elaboration is registered including: Provenance; Gross
amounts involved; Net amounts at the end of elaboration; Quantities of by-product released;
The name Camargue.
 Packaging - A document is placed on the package, noting: Unit provenance; Quantity, type,
family; Date; Identification of the conditioning lot; Destination.
Labelling of packaging includes Identification of conditioning lot (date ...).
 Transport - A document is prepared relating the transport, noting: Product Name; Family,
Cell, Weight; Source / Destination; Date.
This document is archived.
These operations (excluding packaging) can only be done in the geographical area. They are
subject to self-control, check from the Union and external control.

18
Through checks and controls, operators shall be able to identify a) the supplier, quantity
and origin of all batches of raw material and/or products received; b) the recipient, quantity
and destination of products supplied; and c) correlation between each batch of inputs and
each batch of outputs. This is the so-called “traceability” and must be described in this part
of the product specification. Each producer can set up additional requirements and is in
charge of the traceability of its own product.

When explaining the traceability aspects, it is advisable to indicate the procedures used by
producers to ensure the proof of origin concerning the product using margins (from - to,
minimum – maximum, etc.), if at all possible, to avoid difficulties on their compliance by GI
holders.

5. Method of obtaining the product: A detailed description of the elaboration of the product
must be included and, where appropriate, the authentic and unvarying local methods as
well as information concerning packaging.

This description must be explained through detailed technical aspects to describe how the
product is obtained, highlighting the influence of natural (geographical environment) and
human factors (know-how) to obtain the final product.

It shall include all steps in production, from sourcing raw materials through to the final
product to which the GI name applies. Details on the production steps that take place in
the defined geographical area must be included. Steps after obtaining the final product,
such as slicing, grating, or packaging are not part of the production process and will have
been included under the description of the product.

It is also recommended to use margins (from - to, minimum – maximum, etc.), if at all
possible when describing all steps in production, to ensure that all GI holders comply with
the described steps.

Key aspect to bear in mind:

 All stages of production explained in this part shall be consistent with the information
provided when describing the product, as regards to raw materials, feed and rules
concerning slicing, grating, packaging, etc.
 Additional for wines only, ‘production’ covers all the operations involved, from the
harvesting of the grapes to the completion of the wine-making process, with the
exception of any post-production processes.

Example: The specification of Café de Colombia (Coffee – Colombia), registered as a PGI in


the EU, includes a detailed description of the method of production of the Café de Colombia,
explaining step by step the elaboration process comprising harvesting and gathering of the
coffee fruit, wet coffee processing method (pulping of the coffee, cleansing of the pulped
coffee, removal of the mucilage by fermentation, washing of the coffee, and drying), coffee
hulling and grading process, and roasting the coffee.

19
6. Details establishing:
a) the link between the quality or characteristics of the product and the geographical
environment (for a DO); or
b) where appropriate, the link between a given quality, the reputation or other
characteristic of the product and the geographical origin (for a GI).

As mentioned before, the link between the product and the origin sustains the entire
existence of a GI. Therefore, it must be demonstrated in what way the characteristics of
the product are due to the geographical area and what the natural, human and other
elements which give its specificity to the product are. Description should also underline in
what way the methods of production for the product are superior to others and contribute
to its specific and distinctive character.

In order to do so:

 For DO, this part shall include details bearing out the link between the quality or
characteristics of the product and the geographical environment.
 For GI, this part shall include details bearing out the link between a specific quality, the
reputation or other characteristic of the product and the geographical origin, stating
clearly which if the three (specific quality, reputation or other characteristics) apply to
the application.

Key aspects to bear in mind:

 Characteristics of the defined geographical area may include pedo-climatic features,


topography, climate, soil, rainfall, exposure, altitude, etc.
 Features of the geographical area that have no influence on the specificity of the
product or fanciful terminology (charming, beautiful, etc.) must be excluded.
 The know-how of local producers must be special and particular skills, avoiding any
reference to normal production as previously explained but giving concrete and precise
elements to justify this know-how.
 Reputation (for GIs) may refer to historical reasons that associate the specific product
with the geographical origin, quoting precise information and elements justifying this
reputation, such as awards, references in cooking books, press releases, publications,
etc.
 Any restriction to the origin of raw materials provided in the product specification of a
PGI shall be justified in relation to the link between a given quality, the reputation or
other characteristic of the product and the geographical origin.
 It is recommended to include what makes the product special compared to similar
products.
 Avoiding repetition from the information already provided, this part must include how
features of the product are attributable to the factors present in the geographical area,
showing the causal link between the origin and the characteristics of the product.

7. Authority or body verifying compliance with the provisions of the product specification:
It must be indicated the name and address of the authorities or, if available, the name and
address of the certification bodies verifying compliance with the provisions of the product
specification and their specific tasks (in a case of a third country, the verification of

20
compliance may be done by one or more of the public authorities designated by that
country; and/or by one or more of the product certification bodies, and shall be indicated
here). Such organism (public or private) undertakes the external control, verifying the
compliance with the product specification.

But furthermore, it must be included in Annex:

 If external control is done by public authorities, a statement of their position, capacity


and the adequacy of their functions by the national authorities, in order to prove that
they offer guarantees of impartiality and objectivity and have at their disposal
qualified staff and resources necessary to carry out the checks. Specific tasks of the
authorities must also be listed.
 If external control is done by product certification bodies, their certificate of
accreditation and the status of the accreditation authority as a member of the
International Accreditation Forum (IAF) or as an accreditation authority of a Member
State in the EU. If verification checks are done by a product certification body, it must be
accredited in accordance with ISO/IEC Guide 65 (General requirements for bodies
operating product certification systems). Specific tasks of the product certification body
must also be listed.

8. Any specific labelling rules for the product in question: This is an optional part of the
product specification that must only be completed if there are any particular labelling
requirements that must appear that apply to the product. For example, if it is agreed that
the product logo must appear on the product label, it shall be included here. Otherwise, it
may be left blank.

Example: The specification of Batata doce de


Aljezur IGP (Potatoes – Portugal), states that the
label must include the wording ‘Batata doce de
Aljezur — Indicação Geográfica Protegida’, the
corresponding EU logo (after registration) and the
product logo indicated on the product
specification. In addition, irrespective of the
product's commercial presentation, the
certification mark of the OPC (private control and
certification body) must always be indicated. The
name or company name and address of the
producer may not be replaced by the name of any
other organization, even if it takes responsibility
for the product or sells it. The sales name, ‘Batata Logo of PGI Batata Doce de Aljezur
doce de Aljezur — IGP’, may not be supplemented included on the product specifications
by any other indication or reference, not even by
the trademarks of distributors or others.

Key aspects to bear in mind:

 An image of the product’s logo in black and white may be reproduced in this part.
 Labelling rules required by national authorities do not need to be included.
 Optional labelling rules do not need to be included.

21
 It is important to think carefully if adding or not labelling rules on the product
specification, because if labelling rules are amended, applicants may have to file an
amendment.

Despite being optional, it is common to find some labelling requirements on the product
specifications, which must be respected by all GI stakeholders. Nevertheless, it is the GI
holders’ decision.

9. Additional requirements: This part must only be completed if any additional requirements
under national laws affecting production and marketing of the product have not been
previously included. Otherwise, it may be left blank.

Example: The specification of the PGI Darjeeling (Tea – India), registered in the EU in 2011,
includes the following data regarding additional requirements under national laws: “Since
February 2000, the statutorily compulsory system of certifying the authenticity of the Darjeeling
tea being exported was put in place under the provisions of the Tea Act, 1953. The system
requires all dealers in Darjeeling tea to compulsorily enter into a license agreement with the Tea
Board of India and pay an annual license fee. The terms and conditions of the Agreement provide
that the licensees would furnish information relating to production, manufacturing and sale
through auction or otherwise. The Tea Board is thus able to compute and compile the total
volume of Darjeeling tea produced and sold in any given period. No blending whatsoever with
teas of other origin is permitted. Moreover, exports of Darjeeling are not allowed unless each
consignment of Darjeeling Tea is accompanied by a copy of Certificate of Origin, Tea Exporter's
license and CTM* Users' License.”
* Certification Trade Mark

2.1.2. Accompanying information

Further to the product specification, including all relevant annexes, there is additional
information that must be included to the GI application, on a separate sheet/s. This
information shall include:

 The statement of the type of GI proposed for registration, as a designation of origin or as a


geographical indication.

 The country in which the product originates, referring to related countries in case of cross-
border products.

 The applicant group, including name, contact details (address, telephone, fax, email) legal
status, size (number of members), and composition (role of stakeholders). Documents of
the applicant (annual reports, statutes, etc.) are not necessary unless specifically requested.
If the applicant is a single natural or legal person, justifying that the producer is the only in
the area and that characteristics are different from products produced outside the area
shall be included. As a reminder, it is important to note that it must be clear that the
applicant group (therefore the GI holder) is in charge of the GI application.

 The proof of protection in the country of origin, through an extract from the register or a
copy of the relevant decision that proves the protection of the GI in its country of origin,

22
regardless the granted protection, which may be protected as a GI, a DO, a trademark,
specific labeling laws, etc.

2.1.3. Single Document

The Single Document is basically a summary of the product specification. Therefore, all
previous rules and key aspects raised on the product specification must be taken into account
for completing this document.

It carries the legal effects of registration of names across the EU, describing the product
corresponding to the protected name.

The Single Document stands alone, so it is recommended to avoid reference to national


legislation and rules as well as to avoid extensive bibliography. It does not need to be very long
(3 to 5 pages as a maximum), but must be very precise and concrete, avoiding unsubstantiated
claims and as if it was written by an agronomic expert.

Unlike the product specification, the Single Document has a formatted template17, provided by
the Directorate General of Agriculture and Rural Development of the European Commission
that must be strictly followed. It shall be concise and not exceed 2.500 words, except in duly
justified cases.

If at all possible, the Commission asks to retain the WORD format and all formatting of the
Single Document, using the template (not converting into 'pdf', etc.). The formatting codes for
the heading shall be respected, and as far as possible, "Normal", "Text 1" and "List Dash"
formats for text hall be used. Word-format tables can be inserted, and so can logos in .jpg or .tif
or vector graphics format. Logos must be reproduced in black and white only. The Single
Document will be published on the EC website.

Besides following all aspects previously mentioned when preparing the product specification
and strictly respecting the provided template, to complete the Single Document some
additional aspects must be taken into account as well. The parts of the Single Document are
the following:

HEADER INFORMATION
Name: in capitals in the exact form it is to be registered.
EU number: Leave blank. This will be completed by European Commission.
Select ‘X’: for PDO or PGI according to the application.

1. NAME (S) [of PDO or PGI]

The applicant must insert here the name proposed for registration.

Key aspects to bear in mind:

 The name must be written in its original language(s), which are those that are used in
the area or were historically used in the area. The language versions can be official

17 Template of the EU Single Document available in all EU languages.


23
languages of the EU, lesser-used languages, or dialects and other variants. What
determines eligibility for registration is usage in the area concerned. It must be included
on the Single Document in normal upper and lower case, being identical to the capital
version in the header.
 The name must be written in the original script used in its place of origin, including a
transcription in Roman characters in case it is entered in a non-Roman script.
 If more than one version of the name is used, they must be separated by ‘ / ’.
 The proof of prior use known must be provided, mentioning for example its use by a
registered PDO or PGI for another category of product, a registered trademark, plant
variety or animal breed names, generic uses, etc.
 Whether a name comprises or includes the name of a region or specific place must be
established: A traditional geographical name may be considered if the name of the
region or specific place covers a significantly different zone from the geographical area
of the product. In this case, it must be proved that the product is known by the name
and has been produced throughout the geographical area identified, avoiding
misleading consumers by artificially applying a PDO or PGI name from a delimited area
to a much larger area in order to exploit reputation.
 If the name is the same as that of a country, its use must be properly justified.
Example: The specification for the EU registration of the PGI Café de Colombia (coffee –
Colombia) includes a section entitled: “Exceptional nature of the geographical name
Colombia” to justify the reference of the country on the name.

 Different names that refer to different distinct products should be submitted as


separate applications for registration.

The name must be exactly the same (same words, same characters) in all instances
throughout the text of the Single Document.

2. MEMBER STATE OR THIRD COUNTRY

The name of the country where the application comes from must be included in the Single
Document, stating all countries in case of joint applications.

3. DESCRIPTION OF THE PRODUCT

3.1. Type of product

The product must be classified according to the classification provided for each product’s kind:

 For wines: Points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VIII of the EU Regulation
1308/2013.
 For spirit drinks: Annex II of EU Regulation 110/2008.
 For agricultural products and foodstuffs: Annex XI of the Commission Implementing
Regulation (EU) No 668/2014.

3.2. Description of product to which the name in (1) applies

24
The description, together with the link, is the most important part of the Single Document.
Therefore, it must be consistent with the information given on the specificity of the product,
but should not be repetitive.

To identify the product, the applicant must use definitions and standards commonly used for
that product. In this part, the description must focus on the specificity of the product, using
measurement units and common or technical terms of comparison, without including
technical characteristics inherent to all products of that type and related mandatory legal
requirements applicable to all products of that type.

Information should cover physical, chemical, organoleptic and microbiological characteristics,


describing clearly the each product/s and exact form/s that is/are covered by the Product
Specification.

It may be useful to response to questions such as: what makes this product special? In what
ways is it different from another product in the same category? Why is this product
distinguishable from a commodity?

However, it is important to avoid subjective and non-precise descriptions, such as delicious,


beautiful, excellent, special, etc. as well as avoid exaggerations and unscientific superlatives,
such as best, most demanded, etc.

3.3. Feed (for products of animal origin only) and raw materials (for processed products only)

 For PDO, it must be confirmed that feed and raw material are from the area. In case feed
or raw materials come from outside the area, a detailed description of those exceptions
must be provided and justifications stated.
 For PGI, it must be stated any quality requirements or restrictions on origin of raw
materials, as well as the justifications for any such restrictions, in relation to the link
between the product and its geographical origin.

The exceptions for PDO and the restrictions for PGI must be in line with the rules adopted on
the EU Regulation18, by which the Commission may adopt delegated acts concerning:

 Restrictions and derogations with regard to the sourcing of feed for DO, in order to take
into account the specific character of production of products of animal origin.
 Restrictions and derogations with regard to the slaughtering of live animals or the
sourcing of raw materials, in order to take into account the specific character of certain
products or areas.

These restrictions and derogations shall, based on objective criteria, take into account
quality or usage and recognized know-how or natural factors.

3.4. Specific steps in production that must take place in the identified geographical area

18 EU Regulation 1151/2012 of 21 November 2012 (Article 5, paragraph 4).


25
All production steps that take place within the defined geographical area must be listed in
this section, from sourcing raw materials through to the final product. Justifications for any
restrictions or derogations must be stated here.

Key aspects to bear in mind:

 As a reminder, all production activities should take place in the zone for a DO application.

3.5. Specific rules concerning slicing, grating, packaging, etc. of the product the registered
name refers to.

This section is optional, thus it may be left blank.


Otherwise, this section must include and justify any rules or restriction on slicing, bottling,
gratings, packaging, etc., that is, the steps that occur after the final product is made.

Key aspect to bear in mind:

 Any potential geographical restriction shall need a strong justification related to the
product specificity, because it may imply a restriction of the freedoms of the Single Market
of the EU.
Example: According to the Single Document of the PDO Prosciutto di Parma (Ham – Italy), after
the logo is affixed, the product may be marketed whole, boned or packaged into pieces of
variable weights and shapes or sliced and properly packaged. In this last case, slicing and
packaging processes must be carried out in the production area and the PDO logo must be
affixed to the package in such a way that it is indelible and cannot be removed, so as to
guarantee the quality characteristics typical of ‘Prosciutto di Parma’ and the full traceability of
the product. Therefore and to avoid restriction of the freedoms in the Single Market, the
prohibition of packaging outside the geographical area to forbid buyers to re-pack or slice the
product is properly justified.

3.6. Specific rules concerning labelling of the product the registered name refers to

This section is optional, thus it may be left blank.

Otherwise, if the applicant wishes to state any particular labelling requirements, it must be
included in this section, based on the same aspects raised in the relevant product specification
and taking into consideration the obligations entailed by these rules to all stakeholders.
Justifications for any restrictions must be stated here.

4. CONCISE DEFINITION OF THE GEOGRAPHICAL AREA

This section of the Single Document must include a summary of the boundaries of the
geographical area described in the product specification, being very precise, avoiding general
terms and stating the link between the place and the product. The reference to physical
boundaries or administrative boundaries, if available, may be useful.

Only one area (which may comprise non-adjacent zones according to environmental
conditions) shall be defined. Therefore, if a zone comprises 30 localities within a province of 40

26
localities, it is not necessary to list all of them but it will be enough to explain it to be
understood or refer to the excluded ones.

Where appropriate, a map of the area shall be inserted here.

5. LINK WITH THE GEOGRAPHICAL AREA

The link with the geographical area is the essential part of the Single Document, as it is on the
product specification, because it shows why a name describes a product with an intrinsic link
to a geographical place.

The description of the link should demonstrate in what way the product's characteristics are
due to the geographical area and what the elements (natural, human and others) that give its
specificity to the product are. Furthermore, it should underline in what way the methods of
production for the product are different to others and contribute to its specific and distinctive
character.

 For PDO, it must be included the causal link between the quality or characteristics of the
product and the geographical environment, with its inherent natural and human factors,
including, where appropriate, elements of the product description or production method
justifying the link.
 For PGI, it must be included the causal link between the geographical origin and, where
appropriate, a given quality, the reputation or other characteristics of the product. The
applicant must state explicitly on which ones of the given factors (reputation, given quality,
other characteristic of the product) the causal link is based and shall give information only
with respect to the relevant factors, including, where appropriate, elements of the product
description or production method justifying the link.

Key aspects to bear in mind:

 For DO applications, the link must be very strong, describing how the characteristics of the
defined geographical area affect the final product (climate, soil, topography, rainfall,
exposure, altitude, etc.) and proving that these characteristics are 100% due to the
environment and know-how of producers. Reputation will not be enough basis for justifying
the link in a DO.
 In the case of GI applications based on reputation, the specificity of the product that has
the reputation shall be explained and supported by quoting precise information and
elements justifying this reputation. Further information and supporting documents on the
reasons why the product is associated with the geographical area may also be included,
such as awards, references in professional books or press, special mentions in cooking
publications, etc.
 The know-how (savoir faire) of the local producers can also be described in this section,
referring to special and particular skills only, and not to the method of obtaining the
product, which is already explained on the product specification.
 Features that have no relation to the geographical area or the know-how or the
reputation shall be avoided.
 Concrete examples on the effective use of the name, in the past and at present, preferably
elements from effective commercialization of the product, must be also included.

27
Considering that all information completing the Single Document will surely be included on the
product specification, remember that references to other rules or extensive information must
be avoided in this document. Furthermore, once the Single Document is completed, it will be
compulsory to attach the Product Specification, together with the accompanying documents
of the application.

2.2. Procedure to register a GI in the EU

There are two different procedures for the registration of a GI in the EU: one applicable to
wines, agricultural products and foodstuffs and another one applicable to spirits. For non EU
products, the application shall be filed by the applicant group directly to the Commission of
the European Communities located in Brussels or via the appropriate competent authority of
the third country concerned.

As a reminder, once the GI application is filed,

 by group of producers or the competent authority of the third country,


 including all required documents (product specification, accompanying information and
single document),
 in one of the EU official languages,
 and in electronic form on word format if at all possible.

the European Commission starts the registration procedure:

1. Reception and date of submission: At reception, the Commission gives the application a
date. The date of submission of an application shall be the date on which the application is
delivered to the Commission by electronics means. A delivery receipt shall be sent by the
Commission.

 Only regarding to wines, there is a concrete reference on a time for determining


whether an application is admissible. The Commission shall verify that the application
has been completed and that the supporting documents are also included. If the
application has not been completed or has only been partially completed, or if the
supporting documents have not been produced at the same time as the application for
registration or some are missing, the Commission shall inform accordingly and shall
invite the applicant to remedy the deficiencies noted within a period of two months. If
the deficiencies are not remedied before the time limit expires, the Commission shall
reject the application as inadmissible.
 For spirit drinks and agricultural products, EU legislation does not make any reference
to a period to remedy deficiencies.

2. Scrutiny of the application: The Services of the Commission shall scrutinize the application,
in order to check that it is justified and that it meets the conditions of the DO or GI scheme.

The scrutiny lasts:

28
 For wines: There is no reference to the duration of the scrutiny by the Commission;
 For spirit drinks: 12 months;
 For agricultural products and foodstuffs: 6 months.

The Commission shall, at least each month, make public the list of names for which
registration applications have been submitted to it, as well as their date of submission.
Where this period is exceeded, the Commission shall indicate in writing to the applicant the
reasons for the delay.

3. Publication of the application: Based on the scrutiny carried out, if the Commission
considers that the conditions to apply for registration are fulfilled, it shall publish the single
document and the reference to the publication of the product specification in the Official
Journal of the European Union (OJEU).

4. Opposition: Once the application is published, any country or a natural or legal person
having a legitimate interest may lodge a note of opposition to the registration of the
applied GI with the Commission, containing a declaration that the application might
infringe the conditions for registration. A notice of opposition that does not contain this
declaration is void.

In case of joint applications of cross-border GIs, the national objection procedure must be
carried out in all EU countries concerned and the conditions for the registration of a foreign
GI (required documents and information) must be fulfilled in all third countries concerned.

Opposition must be based on reasoned grounds assessed in relation to the territory of the
EU, such as:

 Showing that the conditions referred to in the definitions of DO or GI as well as on the


product specifications are not complied with;
 Showing that the registration of the name proposed would be contrary to the EU rules
on conflicts with names of plant varieties and animal breeds, with homonyms or with
prior trademarks;
 Showing that the registration of the name proposed would jeopardize the existence of
an entirely or partly identical name or of a trade mark or the existence of products
which have been legally on the market for at least five years preceding the date of the
publication of the application by the Commission;
 Showing details from which it can be concluded that the name for which registration is
requested is a generic term.

The period for presenting an opposition differs depending on the type of product:

 For wines: Within 2 months from the publication in the OJEU, submitting a duly
substantiated statement.
 For spirit drinks: Within 6 months from the publication in the OJEU.
 For agricultural and food products: the opposing party will have 3 months to present a
notice of opposition followed by a reasoned statement of opposition within 2 more

29
months. The reasoned statement of opposition shall be drawn up in accordance with
the form provided by the EU19.

Once an opposition has been presented, the Commission will proceed depending on the
type of product:

 For wines: The Commission will decide either to confer protection or reject the
application. No specific period for deciding is foreseen on the legislation.
 For spirit drinks: The Commission will decide within 3 months either to confer
protection or reject the application.
 For agricultural and food products: Within 2 months after its reception, the
Commission will check the admissibility of the reasoned statement of opposition, and
will encourage consultations between the applying and the opposing parties to reach
an agreement during 3 months extendable. The three months shall start on the date on
which the invitation to the interested parties to reach agreement among them is
delivered by electronic means.

When the interested parties reach an agreement following the consultations, the
authorities of the Member State or of the third country from which the application
was lodged shall notify the Commission within one month from the end of the
consultations of all the factors which enabled that agreement to be reached, including
the opinions of the applicant and of the authorities of a Member State or of a third
country or other national and legal persons having lodged an opposition. The
notification shall be drawn up in accordance with the form provided by the EU20.

If an agreement has been reached, the Commission will register the name and amend
the information published in the OJEU provided such amendments are not substantial. If
the application has been substantially amended due to these consultations, the
Commission shall repeat the scrutiny of the application.
If an agreement has not been reached, the Commission will decide on the registration.

Therefore, in total, only the opposition procedure may last, in average, 5 months for
wines, 9 months for spirits and 10 or more for agricultural products.

5. Registration: Once the opposition procedure has been decided, the Commission will take
the decision on conferring protection or rejecting the GI application, publishing if
protected the DO or GI in the Official Journal of the European Union, through its electronic
databases.

Depending on the type of product, the EU databases are the following:


 E-Bacchus for wines.
 E-Spirit Drinks for spirits.
 DOOR for agricultural and food products: In the register, the Commission shall record
the registered name (or names) of the product, the class of the product21, the reference

19 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex III.


20 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex IV.
21 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex XI.

30
to the legal instrument registering the name, reference that the name is protected as a
GI or a DO and the indication of the country(ies) of origin.

Regardless the type of product, the overall GI registration process in the EU may take
between one and two years if not more, when deadlines are extended or the process is
delayed due to possible objections to the registration.

Chart on the EU registration procedure for GI products from non-EU countries:

Source: Website DG Agriculture and Rural Development of the European Commission

Furthermore, there are additional procedures also foreseen as part of the GI registration
process, which may take place at any time after a GI is registered:

6. Amendment to the product specification:

31
The applicant may apply for an amendment to the product specification. The amendment
procedure will vary depending on the type of product:

 Wines: Where the proposed amendment involves one or more amendments to the
Single Document, the registration procedure shall be undertaken again. Where the
proposed amendment does not involve any change to the Single Document, the
Commission shall decide whether to approve the proposed amendment.
 Spirit drinks: Where the technical file is to be altered, the registration procedure shall
be undertaken again.
 Agricultural products and foodstuffs: The procedure varies depending on the
amendment/s to the product specification:
o An amendment which is not minor may relate to the essential characteristics of the
product, alter the link between the product and the geographical area, include a
change to the name or to any part of the name of the product, affect the defined
geographical area, or represent an increase in restrictions on trade in the product or
its raw materials. To be deemed admissible, the application shall contain all
amendments to the product specification and to the single document for which
approval is sought, including an exhaustive description and specific reasons for each
amendment, comparing in detail the original product specification and the original
single document with the amended version proposed22. The application will result
on a new scrutiny of the application by the Commission, which approval shall only
cover the amendments as included in the application.
o An amendment which is minor shall not relate to any of aforementioned reasons
that make an amendment relevant or not minor. These applications concerning
products originating in third countries may be submitted by a group having a
legitimate interest either directly to the Commission or via the authorities of that
third country. The application shall describe those minor amendments, provide a
summary of the reason an amendment is required and show that the proposed
amendments qualify as minor, comparing the original product specification and
single document with the amended version proposed23. It shall also enclose the
updated product specification. Minor amendments shall be deemed approved (tacit
approval) if the Commission does not inform the application otherwise within three
months from the reception of the application. Within that period, the application
can also be deemed inadmissible if the amendment is not considered minor.
o Temporary amendments to the product specification, due to the imposition of
obligatory sanitary and phytosanitary measures by the public authorities or linked to
natural disasters or adverse weather conditions formally recognized by the
competent authority, shall be communicated to the Commission together with the
reasons for them not later than two weeks following approval24. For products
originating in third countries, temporary amendments shall be communicated to the
Commission either by a group having legitimate interest or by the authorities of that
third country, including evidence of the sanitary and phytosanitary measures and a
copy of the act recognizing natural disasters or adverse weather conditions. The
Commission shall make public such amendments.

22 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex V.


23 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex VII.
24 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex VIII.
32
The date of submission of an amendment application shall be the date on which the
application is delivered to the Commission by electronic means. A delivery receipt shall be
sent by the Commission.

If the approval of an amendment involves a change to the information recorded in the EU


Registers, the Commission shall delete de original data and record the new data with
effect from the entry into force of the decision approving the amendment.

7. Request for cancellation:

The cancellation of a registration GI is also foreseen in the EU.

 For wines, the Commission may decide, at its own initiative or at the duly substantiated
request of any country or a natural or legal person having a legitimate interest, to cancel
the registration of a DO or a GI, if compliance with the corresponding product
specification is no longer ensured.
It is important to note that the EU legislation foresees a process within the Commission,
consisting of admission, scrutiny of the cancellation request and decision.
 For spirit drinks, the request from an interested party is not foreseen on the Regulation,
thus the Commission shall take a decision of cancelling the registration of a GI, if
compliance with the specifications in the technical file is no longer ensured. This
decision shall be published in the OJEU.
 For agricultural products and foodstuffs, the Commission may, on its own initiative, on
the initiative of a Member State or at the request of any natural or legal person having a
legitimate interest, undertake the same procedure used for registration to cancel the
registration of a PDO or of a PGI, if compliance with the corresponding product
specification is no longer ensured or where no product is placed on the market under
the PDO or the PGI for at least 7 years. The request for cancellation shall be drawn up
in accordance with the form provided by the EU25, accompanied by the declaration of
the Member State concerned , stating that it considers that the application lodged by
the group and qualifying for the favourable decision meets the application conditions.
Furthermore, the Commission may, at the request of the producers of the product
marketed under the registered name, cancel the corresponding registration.
Reasoned statements of opposition as regards cancellation shall be admissible only if
they show continued commercial reliance by an interested person on the registered
name.

The Commission shall, at least each month, make public the list of names for which
cancellation applications have been submitted, as well as their date of submission.

When a cancellation takes effect, the Commission shall delete the name from the Register
concerned.

2.3. Costs of GI registration for producers

25 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex IX


33
The first and most relevant aspect relating costs is that there is no fee to be paid to the EC for
the registration of a GI in the EU. Therefore, the Commission does not charge any amount for
receiving, scrutinizing, and registering a GI name.

However, that does not mean that producers will have no expenses for registering the GIs. It
is possible to identify some costs that producers have to bear for establishing, registering and
managing a GI, but it will be impossible to determine precisely these costs as they will depend
on the product itself.

These costs relate to:

 The creation of the GI managing body: The organization of producers in charge of


managing the GI shall assume costs to prepare the product specification, but also it will also
be responsible for the promotion and protection of the GI, maintaining the market
surveillance in the EU even after the GI is registered.
 The controls to be performed: The regular controls of the entire production process
(internal and external) have a considerable cost that shall be assumed by producers, who
shall spend money to ensure that their products comply with the requirements of the
product specification.
 The registration procedure: Applicants shall assume the costs related to the preparation of
the GI application, the discussion and exchange of information with the EC as well as the
management of oppositions if presented.

Therefore, it would be misleading to state that registering in the EU is for free, because despite
the gratuity of the registration process at EU level, there are several expenses, variable and
impossible to quantify, that shall be assumed by producers.

2.4. Challenges for producers when seeking for GI registration in the EU

The success of the registration of a GI application will depend on the quality of the
registration request. If the application is well prepared and meets all the requirements laid
down in the EU regulations, there are normally no major difficulties when seeking GI
registration.

Nevertheless, there are several elements that may also influence on the result:

 The length of the GI registration procedure, which will depend on the ability of EU
authorities to deal rapidly with the request.
 The ability of the organization of producers to respond to additional questions.
 The possible presentation of oppositions, which may add significant time and hurdles to
the registration. However, this is something which is common to all forms of intellectual
property rights.

The main challenges that non-EU producers must face are:

 Ensuring that their application includes all the elements required by the Commission.
 Proving that the name in question is protected in its country of origin.

34
 Ensuring that the traceability system of the product is well defined.
 Ensuring that an official control system is in place, to guarantee that their product will
meet the specification’s requirements.
 Providing a certified translation of the application in one of the official languages of the
European Union.
 Providing the Commission with more information if requested.
 Being in a position to respond to the oppositions that may be lodged against the GI
application, foreseeing the preparation of all additional documentation needed to support
the information provided on the product specification.

3. ONCE GIs ARE REGISTERED IN THE EU

3.1. Use of EU symbols

Once a GI is registered in the EU, the Commission is committed to establish and maintain a
publicly accessible updated register of PDOs and PGIs under this scheme.

 For wines: Once registered, DO and GI wines are included on the EU E-BACCHUS register26
and EU Member States become responsible for enforcing their protection.
 For spirit drinks: Registered GI spirit drinks are included on the EU E-SPIRITS register27 and
EU Member States become responsible for enforcing their protection.
 For agricultural products and foodstuffs: PDOs and PGIs are inserted in the EU DOOR
register28 and EU Member States become responsible for enforcing their protection.

Additionally, as a way for consumers to identify the products whose characteristics are linked to
their origin, the EU has established mandatory symbols only for EU PDOs and EU PGIs for
agricultural products and foodstuffs. These symbols are optional for products originating in
third countries marketed under a name entered in the EU register.

The use of these symbols is also optional for GI wines from the EU and from third countries.

There are no EU GI symbols for spirit drink products.

EU symbols can only be used on the product covered by the registration, which meets the
specification’s requirements and can be used in the European Union as well as in all markets
around the world.

There are two different EU symbols for PDO and PGI:

26 E-BACCHUS database
27 E-SPIRIT-DRINKS database
28 DOOR database
35
Protected Designation of Origin (PDO) Protected Geographical Indication (PGI)

For non-EU GIs registered in the EU, the decision on the use of the symbols belongs to the
producers or GI holders. Nevertheless, if they want to use the EU symbols, they must respect
the EU rules setting out the characteristics of the Community symbols to be used on the label
or packaging of products whose names have been registered as DO or GI 29. In this regard, the
EU regulation foresees:

 The symbols should appear in colours, using either direct colors (pantone) or a four-color
process, according to the regulation.
 The indications ‘PROTECTED DESIGNATION OF ORIGIN’ and ‘PROTECTED GEOGRAPHICAL
INDICATION’ within the symbol may be used in any of the official languages of the EU, as
laid down on the EU regulation30.
 Where the EU symbols, indications and corresponding abbreviations (PDO or PGI) appear on
the labelling of a product, they shall be accompanied by the registered name.
 Indications, abbreviations and symbols may be used in media or in advertising for the
purpose of divulgation of the quality scheme of for advertisement of the registered names.

29 Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 and Commission Implementing Regulation
(EU) No 668/2014 of 13 June 2014.
30 Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014, Annex X.
36
 If the symbol is used in colour on a coloured background, which makes it difficult to see, it
should be used a delimiting outer circle around the symbol to improve contrast with the
background.
 The use of the symbols in black and white is allowed only when black and white are the
only ink colours used on the package.
 If the background of the packaging is dark, the symbols may be used in negative format.
 Times New Roman capitals must be used for the text inside the symbols, while the
minimum size must be 15 mm of diameter.
 The symbol cannot be used on a product that only includes a PDO or PGI as an ingredient,
or is a mixture of different PDOs or PGIs.

Additionally, holders of the DO or GI registered in the EU shall consult the voluntary guidelines
on labelling of foodstuffs using PDOs or PGIs as ingredients that were published by the
Commission on 201031.

Examples:

Aceto Balsámico di Modena PGI Scotch Beef PGI Lenteja de la Armuña PGI
(Vinegar – Italy) (Beef – United Kingdom) (Lentils – Spain)

Peras de Rincón de Soto PDO Roquefort PDO Mela Val di Non PDO
(Pears – Spain) (Cheese – France) (Apple – Italy)

3.2. Scope of protection

The EU legislation provides for an extensive protection of GIs conferring protection into the
28 Member States of the EU.

All PDOs and PGIs benefit from the same level of protection in the EU.

The use of registered GIs is restricted to the products that meet the established specifications,
and therefore, producers are given an exclusive right to use the registered name for their
products. This means that registered GI names shall be protected against the following:

31 Commission Communication 2010/C 341/03: Guidelines on Labelling of Foodstuffs using PDOs and PGIs as ingredients.
37
 Any direct or indirect commercial use of a registered name in respect of products not
covered by the registration where those products are comparable to the products
registered under that name or where using the name exploits the reputation of the
protected name.
A particular aspect of this prohibition regards to GIs as ingredients where labelling must
ensure that consumers are not misled as to the nature, identity, properties and composition
of the products.
Example: Farina di Neccio della Garfagnana PDO (Flour - Italy) The use of “Farina di Neccio della
Garfagnana” in the sales denomination of a composed food product is allowed only if it is the only
ingredient of this category and if the Consorzio of “Farina di Neccio della Garfagnana” producers
allow for it. The Consorzio keeps a register of the user of the GI name and ensures that the use of
the GI name as an ingredient is done in a correct way.

Another aspect of this prohibition affects products protected after transformation. This can
be the case of fruits that may be canned, dried or frozen, and not only sold fresh. Producers
may include on the specifications that the product will be produced and commercialized in
different formats, to ensure that all forms of production and sale are covered by the GI
protection.
 Any misuse, imitation or evocation, even if the true origin of the product (or service for GI
wines) is indicated or if the protected name is translated or accompanied by an expression
such as “style”, “type”, “method”, “flavor”, “like, “imitation” or similar, including when
those product are used as an ingredient.
Example: On the case CAMBOZOLA Vs. GORGONZOLA, Case C-87/97 of 4 March 1999, the Court
of Justice of the EU concluded that the term “Cambozola”, used to market cheese in Austria, may
be regarded as an evocation of the designation “Gorgonzola” for the Italian PDO for cheese.

 Any other false or misleading indication as to the provenance, origin, nature or essential
qualities - on the description, presentation or labelling of the product for spirits - 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.
 Any other practice liable to mislead the consumer as to the true origin of the product.
 Where a PDO or a PGI contains within it the name of a product which is considered to be
generic, the use of that generic name shall be not be considered to be contrary to the
previous prohibitions.

As regards to enforcement of the rights is concerned, the EU has established an


administrative enforcement protection – i.e. a system by which the Member State or public
authorities are responsible for policing and ensuring GI protection. Member States are obliged
to set up the necessary control bodies and procedures, thus products that do not meet the
requirements of the registered GI specification must be removed from the market.

In the case of products that have been on the market for five years or more prior to a name
being registered, the product may remain on the market for a further limited period only.

38
Example: When the PGI Jambon de Bayonne (Ham – France) was registered in the EU, Danish
companies that had legally marketed ham using the name in question throughout the five years
preceding the relevant date objected. It was decided that they could continue to market their product
under the name “Jambon de Bayonne” for a transitional period of three years from the date of
registration of the name, provided the label indicated clearly the true origin of the product.

3.3. Control of GIs and Enforcement of GI protection in the EU

EU Regulations on GIs provide that verification of compliance with the specifications must be
ensured by a control body before placing the product on the market.

In respect of DOs and GIs from third countries, the verification of compliance with the
specification, before placing the product on the market, shall be carried out by:

 One or more of the public authorities designated by the third country: these public
authorities shall offer adequate guarantees of objectivity and impartiality, and have at their
disposal the qualified staff and resources necessary to carry out their functions;

and/or

 One or more of the product certification bodies: The product certification bodies shall
comply with and be accredited in accordance with European standard EN 45011 or ISO/IEC
Guide 65 (General requirements for bodies operating product certification systems).

Accreditation may only be performed by:


o A national accreditation body in the EU32; or
o An accreditation body outside the EU that is a signatory of a multilateral recognition
arrangement under the auspices of the International Accreditation Forum (IAF).

Key aspect to bear in mind:

 For wines, such verification must be done every year.


 For spirit drinks, verification of compliance with the specifications shall be done in the
technical file before placing the product on the market.
 For agricultural products and foodstuff, competent authorities may delegate specific tasks
related to official controls of the GI schemes to one or more control bodies, in which case
these control bodies shall comply with and be accredited in accordance with European
standard EN 45011 or ISO/IEC Guide 65.

The costs of such verification of compliance with the specifications shall be borne by the
operators that are subject to those controls and Member States may also contribute to these
costs.

32 It must act in accordance with the provisions of Regulation (EC) No 765/2008.


39
Member States shall carry out checks, based on a risk analysis, to ensure compliance with the
requirements of the EU Regulations and, in the event of breaches, Member States shall take
all necessary measures.

When a GI product is counterfeited in the European Union, the EU foresees a wide range of
actions33 to defend the registered GI, which shall be different depending on the Member State
where the infringement occurs. These actions are not specific to GIs but for all intellectual
property rights. They include civil and/or penal actions, mainly.

The GI holder must prove either:


 That consumers are misled on the origin or on the quality of the product;
 That there is an infringement of their intellectual property rights;
 That they have identified an abuse of their registered name.

When goods are suspected of infringing certain intellectual property rights (including GIs),
customs authorities can take action against them, seizing products that may violate GI rules
and keeping them in custody for a period of up to 10 days at the request of the GI owners,
leaving enough time to GI owners to take legal action before the competent tribunal.

The sanctions to infringements on GIs can also vary depending on the relevant Member State
but normally:

 Civil actions may lead to the destruction of the counterfeited products and fines to be paid
by the counterfeiters.
 Penal actions may lead to criminal sanctions, but mostly based on fines to be paid by the
counterfeiters.

Example: On 5 September 2006, the Belgian custom authorities destroyed 600 bottles of
counterfeited “Champagne” coming from Armenia. Further to the discovery of these counterfeited
goods in the Belgian port of Anvers in May 2006, the Belgian custom authorities seized the products,
contacted the GI owners (the Comité Interprofessionnel des Vins de Champagne) which took legal
action before a Belgian court. The Court authorized the destruction of these counterfeited goods.

4. LESSONS LEARNT FROM A VIETNAMESE GI CASE

Phú Quốc is the largest island of Viet Nam that is located in the province of Kien Giang, and has
been recognized as the world biosphere reserve by UNESCO.

The production of fish sauce has been founded and developed in Phú Quốc for over 200 years.
Since ancient times, the people in Phú Quốc have been combining the natural resources in the
sea and islands of Kien Giang, such as anchovies, salt and wooden barrels, to elaborate a
product with following special characteristics:

 Color: Phú Quốc has dark red-brown colour, since it is produced from fresh fishes and
naturally fermented for 12 to 15 months.

33 Council Regulation (EC) No 1383/2003 of 22 July 2003.


40
 Smell: Delicate special smell, without fishy and ammonia odor, since it is produced from
fresh fishes and naturally fermented. The prolonged naturally fermentation in the wood
barrel for a long time ensures that there is no unusual odor and taste.
 Taste: Salty, strong sweet with natural fatty taste. Aftertaste is sweet and fat as to natural
protein and fish grease.
 Nitrogen values: Minimum of 20gN/liter (for finished extract of fish in second or
consecutive extract) and maximum of 43gN/liter (for the first extract).

Phú Quốc fish sauce uses only pure anchovies as ingredients (not mixed with other fishes)
which are caught in waters of Ca Mau and Kien Giang. The salt used to make the sauce is
mined from waters of Ba Ria - Vung Tau and Phan Thiet, and it is only put into the sauce after a
minimum storage period of 60 days. Fish sauce is aged in wooden barrels by the method of
natural fermentation.

The Phú Quốc Fish Sauce Association was established in October 2000 by Decision no.
220/QD-UB dated 22 October 2000 of the People’s Committee of Phú Quốc district. Its mission
was to strengthen cooperation in production and business, as well as to mutually the
members to develop and maintain credibility, reputation and traditional values of Phú Quốc
fish sauce. The Association operates in principles of voluntariness - cooperation - equality and
mutual benefit.

“Phú Quốc” for fish sauce was the first protected GI in Viet Nam, registered on 1 June 2001.

But furthermore, on 11 October 2012, the geographical name “Phú Quốc” became the first
“Designation of Origin” of Viet Nam and ASEAN countries to be registered in the EU, obtaining
protection on the 28 EU Member States.

However, preparing the GI application to be registered in the EU entailed a strong


commitment of producers, local and national authorities as well as external partners, such as
through its MUTRAP project and the Viet Nam Trade office in the EU.

In order to file the application and with the support of the aforementioned stakeholders, the
Phú Quốc Fish Sauce Association prepared the following documents:

 Single Document
 GI specification
 Proof that the GI is protected in the country of origin through a copy of the decision of
registration as a designation of origin in Viet Nam.

The project MUTRAP II of the EU provided expertise to help the Phú Quốc Fish Sauce
Association to conduct researches and set up schemes in accordance with EU rules, such as a
traceability system of the product and the internal and external controls.

In 2009 and with the support of NOIP, the project MUTRAP III in coordination with the
Vietnam Trade Office in Brussels, the Phú Quốc Fish Sauce Association completed the
application to file to the EC.

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The registration process at EU level lasted over three years, due to the considerable amount of
questions raised by the EC that entailed further information to be provided. Such questions
focused on the product specification, asking for further information on aspects such as:

 The GI area and the area where producers fished the anchovies used as sole raw material,
asking for maps.
 The origin of the raw materials, such as wooden barrels where the anchovies are aged.
 The traceability system, how it worked.
 The external control from local authorities, asking for the relevant regulation as well as for
the composition and structure of the control board.
 Etc.

For responding to every question, the Phú Quốc Fish Sauce Association had a deadline of 1
month each time, period in which they prepared carefully all necessary documents to answer,
counting with the permanent support of the MUTRAP, NOIP and Viet Nam Trade Office in the
EU.

The advantages that the Phú Quốc Fish Sauce Association had for preparing the application
were:

 Having authorization by local public authorities, Phú Quốc Fish Sauce Association and
producers to work on the GI application to the EU.
 Having the technical support of NOIP.
 Counting with the sponsorship from EU-MUTRAP project.
 Counting with a production and strict management to ensure the quality and origin
according to the EU regulation (fishing area, raw materials and production area on the
island).
 Gathering convincing documents.

On the contrary, the main challenges that the Phú Quốc Fish Sauce Association had to face
were the following:

 They did not have any experience on the preparation of the application or any additional
documents.
 They were requested to correct documents answering questions from the Commission.
 They were requested to replace some incomprehensible local languages in documents.

In summary, the duration of the entire process, from their decision to apply for registration in
the EU until the EC granted the Certificate (No. 928/2012) of Protected Designation of Origin
(PDO) “Phú Quốc” for fish sauce, was extremely long (from 2006 until October 2012).

The path was long and not exempt of difficulties, but the scientific grounds and information
included on the product specification, the additional supporting documents to illustrate the
given figures and data, as well as the additional documents provided to authenticate the
product’s quality, made possible to gain the registration of Phú Quốc as a PDO in the EU.

Ever since its registration at national and EU levels, the Phú Quốc Fish Sauce Association has
noticed the first advantages for producers:

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 Management and development of the GI is achieving its first results.
 Awareness of producers and consumers is clearly improved.
 The Phú Quốc fish sauce producers are committed to produce and process according to a
strict process to ensure quality and food safety.
 The GI is having a positive impact in tourism.
 The abuses of the word “Phú Quốc” on labels or packages are reduced.

However, the work does not finish once the GI is registered but on the contrary, it intensifies
and becomes more committed for all stakeholders. At present, Phú Quốc Fish Sauce producers
have further challenges to face:

 The lack of a marketing strategy or promotion activities to introduce the product to


consumers in the EU.
 The misappropriation of the name “Phú Quốc” in other countries where the GI has not
been registered, such as Thailand or China.

The commitment of “Phú Quốc” producers, as well as the research of strong market partners to
position the product in the EU market will remain a priority for the coming years.

However, the registration in the EU as the first PDO from a non-EU country as well as the first
GI from an ASEAN country is a key step for the development of such a unique product,
produced using traditional methods and holder of a distinctive quality towards similar products
due to the link with its origin, as well as a valuable example for other producers who are
seeking protection of the GI products in EU.

Phú Quốc Fish Sauce Phú Quốc Fish Sauce logo

5. USEFUL SOURCES

A) Legal sources:

 Vietnamese legislation on GIs34:


o Law No. 50/2005/QH11 of 29 November 2005, on Intellectual Property.
o Law No. 36/2009/QH12 of 19 June 2009, amending and supplementing a Number of
Articles of the Law on Intellectual Property.

34 Available at the website of the World Intellectual Property Organization (WIPO).


43
o Decree No. 103/2006/ND-CP of 22 September 2006, detailing and guiding the
Implementation of a Number of Articles of the Law on Intellectual Property regarding
Industrial Property.
o Decree No. 105/2006/ND-CP of 22 September 2006, detailing and guiding the
Implementation of a Number of Articles of the Law on Intellectual Property on
Protection of Intellectual Property Rights and on State Management of Intellectual
Property.
o Decree No. 106/2006/ND-CP dated 22 September 2006, providing for Sanctioning of
Administrative Violations in the domain of Industrial Property.
o Circular No. 01/2007/TT-BKHCN of 14 February 2007, Guiding the Implementation of
the Government’s Decree No. 103/2006/ND-CP of September 22, 2006, Detailing and
Guiding the Implementation of a Number of Articles of the Law on Intellectual Property
Regarding Industrial Property.

 EU Legislation on GIs:

Wines:
o Regulation (EU) No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in agricultural
products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)
No 1037/2001 and (EC) No 1234/2007.
o Council Regulation (EC) No 479/2008 of 29 April 2008, on the common organisation of
the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC)
No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No
1493/1999 – OJEU L148/1 (6.6.2008).
o Commission Regulation (EC) No 607/2009 of 14 July 2009, laying down certain detailed
rules for the implementation of Council Regulation (EC) No 479/2008 as regards
protected designations of origin and geographical indications, traditional terms,
labelling and presentation of certain wine sector products – OJEU L193/60 (24.7.2009).
o Commission Regulation (EU) No 538/2011 of 1 June 2011, amending Regulation (EC) No
607/2009 laying down certain detailed rules for the implementation of Council
Regulation (EC) No 479/2008 as regards protected designations of origin and
geographical indications, traditional terms, labelling and presentation of certain wine
sector products – OJEU 147/6 (2.6.2011).
o Commission Implementing Regulation (EU) No 670/2011 of 12 July 2011, amending
Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation
of Council Regulation (EC) No 479/2008 as regards protected designations of origin and
geographical indications, traditional terms, labelling and presentation of certain wine
sector products – OJEU 183/6 (13.7.2011).

Spirit drinks:
o 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 – OJEU 2008R0110— EN— 20.01.2009 — 001.001.

Agricultural products and foodstuffs:

44
o Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21
November 2012, on quality schemes for agricultural products and foodstuffs – OJEU
L343/1 (14.12.2012).
o Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013,
supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the
Council with regard to the establishment of the Union symbols for the protected
designations of origin, protected geographical indications and traditional specialties
guaranteed and with regard to certain rules on sourcing, certain procedural rules and
certain additional transitional rules.
o Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down
rules for the application of Regulation (EU) No 1151/2014 of the European Parliamente
and of the Council on quality schemes for agricultural products and foodstuffs.
o Commission Communication — Guidelines on the labelling of foodstuffs using
protected designations of origin (PDOs) or protected geographical indications (PGIs) as
ingredients (2010/C 341/03) – OJEU C 341/3 (16.12.2010).
o Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July
2008, setting out the requirements for accreditation and market surveillance relating to
the marketing of products and repealing Regulation (EEC) No 339/93 – OJEU 218/30
(13.8.2008).
o Council Regulation (EC) No 1383/2003 of 22 July 2003, 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 – OJEU L 196/7
(2.8.2003).

General:
o Consolidated versions of the Treaty on European Union and the Treaty on the
Functioning of the European Union - Consolidated version of the Treaty on the
Functioning of the European Union - Protocols - Annexes - Declarations annexed to the
Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon,
signed on 13 December 2007 - Tables of equivalences – OJEU C326 (26.10.2012).

B) Relevant websites:

 World Intellectual Property Organization (WIPO):


http://www.wipo.int/portal/en/index.html
 World Trade Organization (WTO): http://www.wto.org/
 Directorate General of Agriculture and Rural Development of the European Commission:
http://ec.europa.eu/agriculture/quality/schemes/index_en.htm
 Directorate General of Internal Market and Services of the European Commission:
http://ec.europa.eu/internal_market/indprop/index_en.htm
 TMview35: https://www.tmdn.org/tmview/welcome
 DOOR Database36: http://ec.europa.eu/agriculture/quality/door/list.html
 E-Bacchus Database37:

35 Online consultation tool allowing any Internet user to search, free of charge, the trademarks of all participating official
trademark offices, which are by April 2014 the following.: Austria, Bulgaria, Benelux, Cyprus, Czech Republic, Germany,
Denmark, Estonia, Spain, Finland, France United Kingdom, Greece, Croatia, Hungary, Ireland, Italy, Republic of Korea,
Pithuania, Latvia, Morocco, Malta, Mexico, Norway, Poland, Portugal, Romania, Russian Federation, Sweden, Slovenia,
Slovakia, Turkey, United States, OHIM, WIPO.
36 Database of “Origin and Registration” of PDO, PGI and TSG for agricultural products and foodstuffs.
45
http://ec.europa.eu/agriculture/markets/wine/e-bacchus/index.cfm?&language=EN
 E-CAUDALIE38:
https://webgate.ec.europa.eu/agriportal/awaiportal
 E-SPIRIT-DRINKS39: http://ec.europa.eu/agriculture/spirits/

C) Official consultation documents for preparing GI applications to the EU:

 PDO-PGI Guide for Applicants from non-EU countries – DG Agriculture of the European
Commission. Version February 2011.
 Guide to Applications for the Completion of the Single Document – DG Agriculture of the
European Commission (to be updated by the EC).
 Single Document
 Application for approval of an Amendmen that is not minor
 Application for approval of a minor amendment

D) Guidelines and External Studies on GIs consulted:

 Value of production of agricultural products and foodstuffs, wines, aromatised wines and
spirits protected by a geographical indication (GI) – AND International. Final Report
October 2012.
 Consumer perceptions of place-based foods, food chain profit distribution, and family
farms – DeCarlo, Pirog and Franck 2005.
 Study on Geographical Indication protection for non-agricultural products in the internal
market – Insight Consulting, REDD and oriGIn. 22 March 2013.
 Guide to Geographical Indications: Linking products and their origins – International Trade
Centre. Daniele Giovannucci, Tim Josling, William Kerr, Bernard O’Connor, May T. Yeung.
June 2009.
 Q&A Manual European Legislation on Geographical Indications – EU-China IPRs. David
Thual and Fanny Lossy, Insight Consulting. February 2011.

E) PDOs and PGIs analyzed40:

 Arroz de Valencia PDO (Rice – Spain).


 Riso del Delta del Po PGI (Rice – Italy).
 Carn d'Andorra PGI (Meat – Andorra).
 龙井茶 Longjing cha PDO (Tea – China).
 Café de Colombia PGI (Coffee – Colombia).
 Bergamotto di Reggio Calabria - Olio essenziale PDO (Essential oils – Italy).
 Native Shetland Wool PDO (United Kingdom).
 镇江香醋 Zhenjiang Xiang Cu PGI (Rice vinegar – China).
 Huile essentielle de lavande de Haute-Provence / Essence de Lavande de Haute-Provence
PDO (Essential oils – France).

37 Consists of the Register of designations of origin and geographical indications protected in the EU; lists non-EU countries'
geographical indications and names of origin protected in the EU in accordance with bilateral agreements on trade in wine
concluded between the EU and the non-EU countries' concerned; and lists the traditional terms protected in the EU.
38 Database dealing with all procedural aspects of PDO/PGI registration, opposition, cancellation and conversion for wines.
39 Database on geographical indications protected in the European Community for spirits originating in Member States and
third countries.
40 Available at the DOOR database.
46
 Φέτα Feta PDO (Cheese – Greece).
 Jambon d'Ardenne PGI (Meat-based product – Belgium).
 Jambon sec et noix de jambon sec des Ardennes PGI (Meat-based product – France).
 Almendra de Mallorca / Almendra Mallorquina / Ametlla de Mallorca / Ametlla Mallorquina
PGI (Almonds – Spain).
 Volailles du Maine PGI (Chicken – France).
 Cítricos Valencianos/Cítrics Valencians PGI (oranges – Spain).
 Viande de porc, marque nationale grand-duché de Luxembourg PDO (Porc meat –
Luxembourg).
 Riz de Camargue PGI (Rice – France).
 Batata doce de Aljezur PGI (Potatoes – Portugal).
 Darjeeling PGI (Tea – India).
 Prosciutto di Parma PDO (Ham – Italy).
 Farina di Neccio della Garfagnana PDO (Flour - Italy).
 Jambon de Bayonne PGI (Ham – France).
 Phú Quốc Fish Sauce PDO (Fish extract – Vietnam).

F) Case-Law analyzed:

 Case C-343/07 Bavaria N.V. and Bavaria Italia Srl v Bayerischer Brauerbund, Court of
Justice of the European Communities, 2 July 2009.
 Case C-87/97 Consorzio per la Tutela del Formaggio Gorgonzola v Käserei Champignon
Hofmeister GmbH&Co. KG and Eduard Bracharz Gmb, Court of Justice of the European
Communities, 4 March 1999 (Summary of the Judgement).

CONCLUSION

GIs are increasingly perceived as an opportunity for countries having unique physical and
cultural attributes that can be translated into product differentiation. These physical and
cultural assets constitute the basic value-giving features upon which GIs are built. The unique
characteristics that distinguish GIs allow producers to increase their competitiveness at
national and international levels, stimulate rural development and improve their livelihoods.

Since 1996, Viet Nam already counts with a remarkable system for the protection of GIs, with
an increasing number of GI products registered at national level. However, it is still a relatively
new issue in the country for the general public as well as for related stakeholders (producers,
traders, local authorities, etc.).

By contrast, the EU has a long tradition on the management, promotion and protection of GIs,
with over 6.000 registered GIs between wines, spirit drinks, agricultural products and
foodstuffs. However, protecting GIs in the EU is also a challenge for most non European
countries, as only a reduced number of products originating in third countries are registered as
GIs in the EU at present.

The first “Designation of Origin” of Viet Nam and ASEAN countries registered in the EU,
obtaining protection on the 28 EU Member States, namely “Phú Quốc” for fish sauce, could be

47
certainly a valuable example of commitment and success for the potential applicants seeking
for the registration of their GI in the EU.

However, the workload to prepare the GI application as well as the length and challenges of
the registration procedure at EU level must be carefully assessed, as the success of the
registration of a GI application will depend on the quality of the application, as well as on the
ability to respond to further clarifications requested by European Commission or to the
oppositions that may be lodged against the GI application.

This Guidebook accompanies applicants through the registration procedure of GIs in the EU,
explaining in a practical and illustrative manner the preparation of the application, the
registration process, the challenges they may encounter and the rights conferred after their
registration in the EU.

Furthermore, the Guidebook is designed as a working tool for daily use, providing the key
guidelines for the GI applications to the EU currently in preparation as well as for those GIs
willing to apply for registration at EU level in the future.

As a key state management agency of intellectual property in the country, the National Office
of Intellectual Property of Viet Nam (NOIP) is providing technical assistance and support to
those GI stakeholders seeking for protection in the EU and will remain available to assist
them on the preparation of their applications, further to the guidelines provided in this
Guidebook, hoping that it will help the stakeholders and organizations of Vietnamese GIs to
register successfully GIs in EU.

* * *

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