Geographical Indications (GI) are a type of Intellectual Property right that protects products having specific geographical origins. It bears a reputation because of its origin. In the UK, GI’s are mostly used for food and drinks but extend to agricultural produce. Examples of famous GI’s include Scotch Whisky. GI’s differ from trademarks because it is not owned by specific individuals or businesses. Anyone can make or sell products under a protected GI as long as the product follows the quality specifications required under the GI. For a long time, the protection of GI’s has been afforded under the European Union (EU) laws. Ever since UK’s exit from the EU, the UK developed a scheme that came into effect on 1st January 2021. The Department for Environment, Food and Rural Affairs (DEFRA) manages it. The scheme is open to all producers globally. The UK GI scheme covers geographical names of food, drinks and agricultural products. The UK scheme borrows from the EU scheme to the extent of the designations used. It includes Protected Designation of Origin (PDO), Protected Geographical Indications (PGI) and Traditional Specialty Guaranteed (TSG). You can apply to protect a new product name and add it to the UK GI scheme registers. There are 4 UK GI schemes, they are as follows: food, agricultural products, beer, cider and perry wine aromatised wine spirit drinks An individual or business cannot own a GI. A producer can make and sell a product under a registered name provided they follow the product’s specification and are verified to do so. If you’re an applicant from Great Britain, you will need to seek protection under the UK GI schemes before applying to the EU schemes to protect a product name in Northern Ireland or the EU.
Northern Ireland applicants
If you’re a producer from Northern Ireland, you can apply to protect a product name in Northern Ireland or the EU under the EU GI scheme. You may also apply to the UK GI scheme to protect the product name in Great Britain.
Filing an application
An application for registration of a PDO or PGI protection must include: A complete product specification detailing the product, production methods, proof of origin, geographical location, and applicant’s connection to the geographical area. Supporting evidence. A Summary of the specification in a single document. For a TSG application, an applicant should submit a TSG product specification form explaining in detail the elements that give the product its traditional character. If the application meets the UK GI scheme requirements, it is published by DEFRA on the ‘Gov.UK’ website. Third parties have 3 months to object and a further 2 months to give a reasoned statement of opposition. Following which the applicant has 3 months to resolve the issue by making some minor changes. Major changes require a fresh application.
How to use a registered product name on the UK GI Register?
To use a registered product name, you should follow the published product specification, be verified to produce and sell the registered product, use the GI product name and logo correctly. Anyone with a legitimate interest can request to change the specification of a GI product already on the UK Register.