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Showing posts with the label geographical indications

Geographical Indications - Consorzio di Tutela Della Denominazione di Origine Controllata Prosecco v Prosecco International Ltd.

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Vineyards in the Prosecco Region Author Civvì   Licence:  CC BY-SA 4.0   Source: Wikimedia Common s   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Consorzio di Tutela della Denominazione di Origine Controllata Prosecco v Prosecco International Ltd and others [2026] EWHC 912 (IPEC) (15 April 2026) The    Consorzio di Tutela della Denominazione di Origine Controllata Prosecco  ("the PDO Prosecco")    is the body appointed by the Italian Ministry of Agriculture to protect and promote the Protected Designation of Origin "Prosecco".  Prosecco International Ltd. ("Prosecco International")  is an English company which describes its business as "including distilling, rectifying and blending spirits, manufacturing wine from grape and other business support activities."  Mr Ralph Goldstein is a director of Prosecco International and Mr Michael Goldstein is a former director. The Application PDO Prosecc...

Trade Marks and Geographical Indications - Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab

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Author J.P.Lon-Commonswiki   Public Domain   Source Wikimedia Commons Jane Lambert Chancery Division (Tom Mitcheson KC)    Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab [2024] EWHC 2311 (Ch) (9 Sept 2024) In Geographical Indications ,  I wrote that signs that are used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin may be protected by  collective and certification marks .   An example of a collective mark is HALLOUMI which was registered by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi ("the Foundation") with effect from 22 Feb 1999 under trade mark number  UK901082965 .  The Foundation is an association of producers dedicated to the promotion of halloumi which is the traditional cheese of Cyprus. The Application Fontana Food AB  ("Fontana") is a Swedish c...

Geographical Indications and Collective Marks - Halloumi Foundation v Babel Sajt Kft

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Fresh sliced  Halloumi  cheese Author Zlerman   Copyright waived by the owner Jane Lambert Chancery Division (Mr Justice Marcus Smith)  Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft . [2020] EWHC 2858 (Ch) (30 Oct 2020) This was an appeal by the Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi ("the Foundation") against the decision of Ms Clare Boucher to allow the application of Babel Sajt Kft for the registration of the trade mark shown below to proceed to grant (see Re Babel Sajt Kft's Application    BL O/152/20 11 March 2020).  The appeal came on before Mr Justice Marcus Smith on 20 July 2020.  He allowed the appeal in   Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft. [2020] EWHC 2858 (Ch) which he handed down on 30 Oct 2020. The Application On 7 Nob 2018m, the Hungarian company Babel Sajt Kft...

Geographical Indications in the UK after 31 Dec 2020

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Source DEFRA   Licence Open Government Licence Jane Lambert As the United Kingdom is a member of the World Trade Organization, Her Majesty's Government is required to protect geographical indications by Section 3  of the  Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") .  Until the end of 2020, those obligations will continue to be discharged on the United Kingdon's behalf by the European Union pursuant to art 127 (1) of the  Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ("the withdrawal agreement").   The arrangements by which the obligations are discharged at present are described in the following DEFRA guidance note, EU protected food names: how to register food or drink products   22 May 2015 and summarized in my article Geographical Indications - "If it's outside Yorkshire it's not worth ..................!...

New International Registration System for Geographical Indications and Appellations of Origin

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S tandard YouTube Licence Jane Lambert The Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications  came into force on 26 Feb 2020.  Art 29 (2) of the Act provides for it to enter into force three months after five eligible parties referred to in art 28 have deposited their instruments of ratification or accession.  That condition was satisfied on 26 Nov 2019 when the European Union deposited its instrument of accession with Francis Gurry, the Director-General of the World Intellectual Property Organization ("WIPO")  (see WIPO press release  European Union Joins Geneva Act of WIPO’s Lisbon Agreement, Enabling Entry into Force  26 Nov 2019). The Geneva Act supplements the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration  of 15 Oct 1958 by providing for the registration of geographical indications  as well as appellations of origin and by making it possible f...

A New British Geographical Indications Regime after Brexit

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Author Dominik Hundhammer Licence CC BY-SA 3.0 Source Wikipedia Jane Lambert In Geographical Indications   I quoted the WIPO definition  of a geographical indication ("GI") as  "a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin".   I also stated that the UK has an international obligation to protect such signs under art 22 (2)  of the TRIPS Agreement which is annexed to the WTO Agreement as Annex 1C. In Geographical Indications after Brexit   6 Oct 2018 NIPC Branding I noted that this country had discharged that obligation through EU legislation and that the UK will need to establish its own GI regime in order to comply with art 22 (2) TRIPS whether it leaves the EU with or without a withdrawal agreement.  On 5 Fev 2019 the Department for Environment, Food and Rural Affairs ("DEFRA") published Protecting food and drink names if there's no Brexit dea...

IP after Brexit: The Government's Guidance

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Author: S Solberg J Licence Creative Commons Attribution 3.0 unported Source Wikipedia Jane Lambert Ever since the referendum and indeed before it I have tried to anticipate the legal protection for brands , designs , technology  and creativity  if and when the United Kingdom leaves the European Union (see Were we to go - what would Brexit mean for IP?   26 Feb 2016, What Sort of IP Framework do we need after Brexit and what are we likely to get?   3 July 2016  and IP Planning for Brexit 7 Dec 2018).  Much will depend on the terms upon which we leave the EU and our relationship after departure. Since the 23 Aug 2018 the government has published guidance on  How to prepare if the UK leaves the EU with no deal .  That guidance covers everything from Applying for EU Funded Programmes to Workplace Rights.  I commented about it in And if there is no deal ..................   24 Aug 2018 NIPC Brexit,  Topics in...