Geographic Indications are a key issue in the Canada EU CETA negotiaions.

Canada and the European Union have been busy negotiating a Comprehensive Economic and Trade Agreement (CETA). The stated goal is to be in a position to determine whether an agreement could be reached by mid 2011, and with two rounds of negotiations already under their belt, the two teams are getting into the details.

The EU has identified three principal requirements in order for the agreement to proceed. They include changes to the Canadian commodity supply management structure, EU access to Canadian government procurement processes and Canadian recognition of the EU Geographic Indications (GIs). It is this last principal that is currently the focus among the Canadian negotiators.

Geographical Indications (GIs) are defined as a type of intellectual property. The technical definition states that “they identify a good as originating in the territory of a particular country, or a region or locality in a country, where a given quality, reputation or other characteristic of the good is essentially attributable to the physical place of origin. In simple terms, GIs are the names given to traditional products produced according to traditional methods in a particular place.”

This means that once a Geographic Indicator is registered, similar to a patent or copy right, only the product manufactured in that geographic location can bear the name or Geographic Indication. A similar or identical product manufactured at a different geographical location cannot bear the name of the Geographic Indication. Examples of Geographic Indications currently registered in the EU, but widely used in Canada include: salame, mozzarella, parmigiano reggiano, gruyere, and mortadella bologna, to name only a few.

A complete list of more than 800 Geographic Indications for agriculture products, foodstuffs, and alcoholic beverage products currently registered in the EU can be found at http://ec.europa.eu/agriculture/quality/database/index_en.htm

EU Geographic Indications Proposal
Since Canada already recognizes the EU Geographic Indications for alcoholic beverages (i.e.- champagne) the proposal asks for Canada’s recognition of EU Geographic Indications to be expanded to include agricultural products and foodstuffs. Additionally, Canada is being asked to recognize a list of 41 generic or common names protected in the EU. While the list was not provided in the proposal, it is anticipated that it will include names such as Feta, Parma Ham and Parmesan. These common names are not necessarily associated with a specific geographic region, and are being referred to as “clawbacks”.

In order to further extend the protection of the GI, the use of comparative terms such as “style” associated with a Geographic Indication, such as Spanish style, would be prohibited as well as translations of all protected GIs (for instance, parmesan) and any graphics that depict an EU geographic location. “For instance,” said Keith Mussar, chair, I.E.Canada Food Committee. “Pizza Napoletana is a registered GI. Canadian manufacturers would be prohibited from using the name Pizza Napoletana on domestically produced product for domestic sale or export to the EU. Products imported into Canada could not bear the name Pizza Napoletana unless they originate from the geographic region.” It is even possible, explained Mussar, that the term Pizza may no longer be permitted on products manufactured in Canada or on products imported into Canada under the EU proposal. Additionally, any graphics, such as an image incorporating the colours red, white and green to convey the notion of an Italian product, may also be prohibited,

Another major concern is that the restrictions on the use of EU Geographic Indications would come into force immediately with no phase-in period for industry to transition from the use of protected GIs or images. “This means that CFIA and CBSA would be responsible for enforcing industry compliance with the prohibition of use of the protected Geographic Indications,” said Mussar. Currently, neither agency has this authority.

And while the EU is proposing protection of its GIs, there is no accommodation for protection of Canadian trademarks that make use of EU Geographic Indications. If a Canadian trademark was registered prior to the registration date of the Geographic Indication in the EU, the Canadian company would no longer maintain exclusive rights to the trademark. “Instead, the trademark and GI would co-exist,” explained Mussar. Any Canadian trademarks registered after the date of registration of an EU Geographic Indication be invalidated.

A proposed list of all the Geographic Indications that the EU is seeking to protect has not been provided. However, the EU has ratified GI agreements with Korea and Switzerland.

“The impact on food manufacturers and importers could be extensive,” said Mussar. Many products in Canada have become known by names that would be prohibited under the proposed agreement. The immediate implementation of the GI prohibitions could also present a significant challenge to industry, who will have no time to gradually alter their labeling, packaging and marketing materials.

On March 17, 2010, I.E.Canada attended an Agriculture and Agri-Food Canada (AAFC) consultation at which the EU proposal for Geographic Indications was presented. AAFC is seeking to understand the potential impact of the EU Geographic Indications proposal on the Canadian food sector and will continue to consult with industry as the negotiations progress. AAFC has a list of questions that it is posing to industry regarding the impact of the EU Geographic Indications proposal. To receive a list of the questions and to provide your response, please contact Amesika Baeta at abaeta@icanada.com. Your input is needed by April 16, 2010. 

If you have any questions regarding Geographic Indications please contact Keith Mussar at kmussar@iecanada.com.

TOP

• Quebec Chapter News- Faites affaires aux Balkans
• Ensuring Compliance- Highway eManifest & Customs Changes in 2010
• 19th Annual Conference on Emerging Issues in Customs and Trade Compliance
• Transfer Pricing Forum 2010
• Importing into Canada

TOP

Would you like to advertise in or sponsor I.E.Now? Please contact Linda Bott at: lbott@iecanada.com or by calling (416) 595-5333, ext. 28 for further details.

If you do not wish to continue receiving I.E.Now, please contact Jane Carter at: jcarter@iecanada.com. Type in Unsubscribe in the Subject line.

Disclaimer - I.E.Now is designed to provide members with the most up-to-date trade information from a variety of sources. The information we feature does not necessarily reflect the association's opinion on a given international trade issue. While every effort has been made to ensure the accuracy of the information notedin the daily e-mail, government policies are constantly evolving. The Canadian Association of Importers and Exporters Inc. cannot assume any responsibility for actions taken solely or principally on the basis of the information provided.