Ten points to whoever knew that feta is not only a cheese made in Greece. Yes, that’s right, feta is not just Greek. The French, Germans and Danes also have a long history and tradition of producing feta cheese.
This is the wonderful world of indications of origin. Not to be confused with a trade mark, an indication of origin partly performs the same function – guaranteeing the quality and the production of the named product.
Both give us, the consumer, information about where the product comes from. With trade marks, it is the identification of a particular producer which is, according to the Court of Justice of the European Union (CJEU), their essential function.
Protected designations of origin and protected geographic indications of origin (PDOs and PGIs) tell us where in the world the product comes from, but they do not tell us who the specific producer is.
The term PDO is used for products closely associated with the area whose name they take, where the qualities of the product are exclusively due to the particular geographical environment of the region. This includes factors such as climate, soil quality, and local know-how. Apart from that, the production, processing and preparation (the “3 Ps”) of the finished product, must all take place in the defined geographical area whose name the product bears using recognised know-how. The link between the product and the place in which it is produced is therefore inviolable.
A PGI indicates a link with the area in at least one of the stages of production, processing or preparation. This need not be essential or exclusive – it is sufficient that a specific quality, reputation or other characteristic be attributable to the geographical origin. The link may consist simply in the reputation of the product, if it owes its reputation to its geographical origin. In this case, it is enough for the name of the product to enjoy individual reputation based specifically on its origin. The indication may be very highly regarded, and be a vital factor in building up and maintaining a following among customers.
PDOs and PGIs, much like trade marks, give clear and succinct information to consumers – a refreshing concept given the sea of information constantly coming at us.
A PGI/PDO therefore conveys information not only about the origin of the product but also about tradition and quality – think about prosciutto di Parma, Parmiggiano Reggiano, and champagne.
Also like trade marks, PDOs and PGIs may become generic and if this happens they will no longer be registered, as has happened to Cheddar cheese, or Dijon mustard. This is in fact the argument brought against the Greek registration for “feta” by France, Germany, and Denmark.
Applications for registration of a PDO/PGI are made by a group of producers, such as a consortium or, in exceptional cases, natural or legal persons. The application usually includes the details of the applying group, and the main aspects of the product specification explaining the link between the product and its geographical area. Applications are made to the member state on whose territory the geographical area is situated and are assessed by the European Commission.
This is the procedure as regulated under the Council Regulation. However, different countries may have their own national rules when granting a national indication of origin.
So what happened to feta? A number of court cases were filed, the most recent called for the indication of origin awarded to Greek feta. The CJEU found that, while white cheeses soaked in brine are produced throughout the southeast Mediterranean and Balkan region, these were not usually known as feta and 85 per cent of the EU’s feta consumption occurred in Greece. The CJEU also said that Greek consumers perceive feta as tied to a single geographical area, while in other countries, feta which is not Greek in origin often carry references forming an association with Greece or Greek culture on its packaging.
The CJEU therefore found in favour of the Greek feta registration much to the disappointment of all other countries who had instituted (or, by then, joined) the case.
With this is mind, I would personally love to see our very own Maltese PDO on the Commission’s register – ġbejna perhaps?
www.fenechlaw.com
Jeanine Rizzo is a lawyer at Fenech & Fenech Advocates specialising in intellectual property law and art law.