Geographical Indications 

GIs protect the names of products that originate from specific regions and possess qualities or a reputation based on this origin, thereby guaranteeing product authenticity. A GI does not belong to any particular business or individual but rather applies to products either made in a specific place or using a specific method (or both) by any qualifying producer. GIs are protected in the EU under several “quality schemes” that use quality product registers. The EU GI protection scheme protects registered product names when they are sold in the EU. GIs are also offered reciprocal (and sometimes limited) protection under a number of trade agreements (such as the EU’s trade agreement with China) and international treaties (such as the Geneva Agreement) which have been entered into by the EU but will no longer bind the UK.

The EU-UK TCA 

No agreement was reached on a mutual scheme for the protection of GIs post-Brexit. However, the TCA does include a review provision for GIs, allowing for discussions to continue. From 1 January 2021 GIs with UK origin protected under the EU scheme as at 31 December 2020 will continue to have effect in the EU 27. GIs with EU origin protected under the EU scheme have been granted equivalent UK protection under the new UK GI scheme. New and pending GI applications under the EU scheme will not have effect in Great Britain (GB), so a separate application will need to be made under the new UK GI scheme, managed by the Department for Environment, Food and Rural Affairs (DEFRA).

The UK GI Scheme

The new UK GI scheme protects GI names for products sold in GB. It does not apply to Northern Ireland (NI), which will continue to use the EU GI scheme to protect goods sold in NI. Replicating requirements under the EU GI scheme, the various types of GIs may cover food, drink, agricultural products, wine, aromatised wines, and alcoholic spirits, with three identical GI designations, namely: Protected Designation of Origin (PDO), Protected Geographical Indication (PGI); and Traditional Speciality Guaranteed (TSG). Both the EU and UK regimes do allow for “third country” applications, meaning applications for GI protection where the product’s origin is not within the EU or UK respectively. 

The new scheme replicates the EU GI scheme's requirements as the relevant EU Regulations (No 251/2014,  No 1308/2013; No 1151/2012 and No 2019/787) have become retained EU law under the EU-UK Withdrawal Agreement. The various types of GIs may cover food, drink agricultural products, wine, aromatised wines, and alcoholic spirits. The three GI designations are identical to those protected in the EU, namely:

• Protected Designation of Origin (PDO) – Protect products with the strongest links to the place of production. Protection is subject to stringent requirements such as the production, process and preparation of the product all taking place in a specific geographic area (examples include Cornish Clotted Cream, Jersey Royal Potatoes and Shetland Lamb).
• Protected Geographical Indication (PGI) – Protects products where (a) there is a  relationship between the region and the product and (b) the quality, characteristic or reputation of the product is attributable to that region. The requirements are less stringent than for PDO protection, for instance for food products either the production, processing or preparation of the product must take place in the specific geographic area rather than all three, and for wine 85% of the grapes must come from the specific geographic area rather than 100% (examples include Scottish Wild Salmon, Cornish Pasty and Yorkshire Wensleydale).
• Traditional Speciality Guaranteed (TSG) – Protects how a product is “traditionally ” made without a link to a specific geographic area. Protection requires a “traditional” way of preparing a product under a name that has been in use for 30 years (examples include traditional farmfresh turkey and traditionally farmed Gloucestershire OId Spots pork).

Making an application under the new UK GI scheme 

The table below outlines the four registers set up under the UK GI scheme, the products they relate to and the type of protection that can be obtained:

Applicants for PDO or PGI protection must (1) complete a product specification detailing the product, production methods, proof of origin, identity the geographical location, outline the applicant’s connection to the geographical area, nominate a control body such as a local authority and provide details of any entitlements to use special product labels; (2) file supporting evidence and (3) complete a single document summarising the specification. Templates can be found on the gov.uk website. For a TSG application, an applicant must submit a TSG product specification form detailing the product and explaining the elements that give the product its traditional character. 

DEFRA will publish the application on the gov.uk website if it meets the UK GI scheme requirements. Third parties have three months to state their intention to object and a further two months to provide a reasoned statement of opposition. Following such objections, the applicant has three months to resolve the issue, potentially by making minor changes to the application (significant changes require a new application). An application for a traditional term has tighter timescales, with a two-month objection period, and a corresponding two-month response period. If no agreement is reached, the competent authority (a localised government body) can make the final decision on the application. If an application is accepted or rejected the aggrieved applicant or third party can appeal to the First-tier Tribunal. 

Logo and product labelling requirements under the UK GI Scheme 

DEFRA have released a series of UK GI logos that either must or can be used for GI protected products. The logos, shown below, are available to download on the gov.uk website :

Food and drink names scheme 

Products with GIs from Great Britain. 

Products protected as GIs before 1 January 2021 must display the relevant UK GI logo by 1 January 2024 when sold in GB. Products registered under the UK GI scheme after 1 January 2021 must display the UK GI logo as soon as they are sold in GB. Displaying a UK GI logo on products sold outside GB is optional subject to local regulations. 

Products with GIs from NI/EU 

Products protected under the EU GI scheme must display an EU GI logo when sold in NI/EU though this is optional when sold in the rest of the world (including the UK). Displaying a UK GI logo on products registered under the UK GI scheme but sold in NI, the EU and the rest of the world is optional subject to local regulations. 

Products with GIs of non-UK origin (third-country origin)

Products protected under the UK GI scheme may display a UK GI logo when sold in the UK. Products protected under the EU GI scheme must display the EU GI logo when sold in NI/ the EU and can include the logo when sold in GB. 

Wine, aromatised wine and spirit schemes 

Products from the UK registered under the UK GI Scheme may display the relevant UK GI logo on a wine/aromatised wine/spirit product on its label, although this is not compulsory. The GI logo must appear in the same field of vision as the GI name. The relevant GI designation (PDO, PGI or TSG) must be included on the product's packaging. 

UK specific agreements relating to GIs 

The UK has agreed to special protection for 766 designating wine grape-growing areas of the USA (protected as “American Viticultural Areas”) and two USA spirit drink names (Bourbon Whiskey and Tennessee Whiskey).

The Comprehensive Economic Partnership (CEPA) agreed between Japan and the United Kingdom eases each country's application process to seek GI protection in the other’s territory. Several GIs such as Scotch Whisky and Kobe Beef are already protected under the agreement, and the UK Government states the deal will allow new UK products to be put forward by the UK Government for protection in Japan during 2021 with 70 UK GIs being sent to Japan for approval in January. If approved, the GIs will be added to the CEPA agreement.  

The future of the protection of GIs in the UK

Apart from any review of the UK-EU deal pursuant to the TCA, we also expect to see bilateral reciprocal protection of GIs being part of the negotiations for trade deals with other non-EU countries. This area will develop quickly over the next few months/years and producers of food, wine, spirit or agriculture products in the UK should keep watch for developments.  

Authored by Peter Elkin