Denomination of Origin

from Wikipedia, the free encyclopedia

Geographical designations of origin , indications of origin or designations of origin are names of places or landscapes or other geographical information that indicate the origin of a product. In business dealings, they give the buyer and consumer an indication of the region in which the goods were manufactured or processed. Such information is found not only for food and agricultural products, but also for industrial goods and, in principle, services. Many geographical indications of origin are protected by trademark law or by laws and regulations and are advertised with seals and logos. In the European Union there are hundreds of Union- wide registered and protected indications of origin according to a uniform system.

The origin of some names is evident, for example the Nuremberg gingerbread . In other cases, a name that does not actually name a place is connected with it - like feta with Greece . In other cases, the protected origin is not immediately apparent even if the place is specified, for example in the case of Parmigiano-Reggiano from a larger area in northern Italy.

Use in the European Union

For a long time, designations of origin could not be registered as a trademark in many (Northern) European countries at national level because of a so-called need to keep them free. Because trademark protection was therefore not possible, a number of designations of origin were misused or used for cheap imitations of other origins. One example was Lübeck marzipan , which was mainly produced south of Hanover under this name until the beginning of the 1980s. In contrast to the original from Lübeck, this product had a much lower proportion of almonds (the proportion of sugar was higher), which meant that it could be produced more cheaply.

The gap in intellectual property rights was addressed by enacting rules for the first time at European level in 1992 “for the protection of geographical indications and designations of origin for agricultural products and food”. The underlying Regulation (EEC) 2081/1992 was then modified and expanded again in 2006 (Regulation (EC) No. 510/2006) and 2012 (Regulation (EU) No. 1151/2012).

Agricultural products and foodstuffs that have been registered in accordance with Regulation (EU) No. 1151/2012 are legally protected against any misuse of the name or imitation, even if the correct place of origin is indicated or if the name is given in a translated form , in accordance with Article 13 of the Regulation or another name is accompanied by additions such as "according to [...] he kind" or "type".

In 2006, in Annex V of Regulation (EC) No. 1898/2006, new graphic symbols or logos were defined for EU-wide protected designations of origin, which could initially be used voluntarily to indicate the protection of the designation of origin. Since 2012, it has been mandatory to affix these symbols to the goods. They are available with a text section in all 24 official EU languages and can be downloaded as a print template in various image formats from a website of the European Commission.

National models for protection in the EU are, for example, the AOC seal, which has existed in France since 1935 and in Switzerland since 1997 , the DOP , DOC and DOCG seals in Italy or the DAC seal in Austria. The first international forerunner was the 1951 Stresa Convention , the first international agreement on cheese names, in which the seven countries Austria , Denmark , France , Italy , Norway , Sweden and Switzerland participated.

A distinction is made between two levels when awarding protected EU designations of origin : protected designation of origin (PDO) and protected geographical indication (PGI) .

The EU seal of quality guarantees traditional specialty (TSG) describes a traditional production process and is not a designation of origin, as it does not contain any geographical indications of origin. For example , the beer Gueuze g, traditionally obtained through spontaneous fermentation . t. S. usually only produced in and around Brussels . Its production method is protected because it is a guaranteed traditional specialty (TSG) . But it could also be produced somewhere else. The individual steps from the application to the award of the seal, as well as its registration in the DOOR database, go through the same process as for the two protected seals of origin PDO and PGI. The basic external pattern of the seal is also identical.

Protected Designation of Origin

EU community symbol for products with a protected designation of origin (PDO).

The protected designation of origin (PDO) means that the production, processing and manufacture of a product in a certain geographical area take place in accordance with a recognized and established procedure. This includes, for example, Parma ham , which according to recent judgments even has to be cut in the Parma region . Products with a protected designation of origin, for example, feta - and manouri cheese from Greece , all French AOP cheese and all Italian DOP cheeses and other DOP products, AOC products such as cheese, olives , ham , sausages and even some regional bread coals .

Other languages:

  • English protected designation of origin (PDO)
  • French appellation d'origine protégée (AOP)
  • Greek προστατευόμενη ονομασία προέλευσης (ΠΟΠ) Prostatevomeni Onomasia Proelefsis (POP)
  • Italian Denominazione d'Origine Protetta (DOP)
  • polish chroniona nazwa pochodzenia (CNP)
  • Portuguese Denominação de Origem Protegida (DOP)
  • spanish denominación de origen protegida (DOP)

Protected geographical indication

EU community symbol for products with protected geographical indication (PGI)

For a protected geographical indication (PGI, PGI) it is sufficient if one of the production stages (production, processing or manufacture) has already taken place in a certain area of ​​origin.

Other languages:

  • English protected geographical indication (PGI)
  • French indication geographique protégée (IGP)
  • Greek προστατευόμενη γεωγραφική ένδειξη (ΠΓΕ) Prostatevomeni Geografiki Endixi (PGE)
  • italian indicazione geografica protetta (IGP)
  • polish chronione oznaczenie geograficzne (COG)
  • Portuguese denominação de origem controlada (DOC)
  • spanish indicación geográfica protegida (IGP)
  • Slovak chránené zemepisné označenie (CZO)
  • slovenian zaščitena geografska označba (ZGO)
  • czech chráněné zeměpisné označeni (CZO)
  • hungarian oltalom alatt állo földrajzi jelzés (OFJ)

European register

The protected names are entered in the European “Register of Protected Designations of Origin and Protected Geographical Indications”, or “EU Quality Register” for short, which is maintained by the European Commission's Directorate-General for Agriculture and Rural Development . The applications, publications, registrations and, if necessary, changes are recorded in the DOOR database ( Database of Origin and Registration ) and can be accessed online by anyone.

Starting on April 1, 2019, the online database eAmbrosia was put into operation by the European Commission, which lists information about protected wines, spirits and food in the European Union and the previous three different databases: E-SPIRIT-DRINKS, DOOR and E -BACCHUS on December 31, 2019.

German protected products

Regulation overview

Geographical indications of origin are protected in Germany by regulations in the trademark law. The protection of geographical indications of origin is regulated in Part 6 of the Trademark Act, which is divided into three sections. Section 1 contains the general protective regulations (Sections 126–129). Section 2 contains provisions for the implementation of Regulation (EC) 510/2006 (Sections 130–136). The third section contains regulations on the authority to issue statutory ordinances that serve to protect individual geographical indications of origin, as well as procedural rules for applications and objections according to Regulation (EC) 510/2006 and implementing provisions for this regulation (Sections 137-139). Further regulations relating to the protection of geographical indications of origin, such as penalty and fine regulations, can be found in Part 8 of the Trademark Act (§§ 143–151). An adaptation of the trademark law to the regulation (EU) 1151/2012, which has been in force since 2012, is still pending.

As of November 14, 2014, there are 117 protected names in Germany according to the DOOR and BACCHUS databases. Before that, 48 are registered as protected designations of origin (39 of which are wines) and 69 as protected geographical indications. Natural mineral water and spring water are no longer available.

German PDO products

(As of October 28, 2018)

Meat, fresh

cheese

Fruit, vegetables and grains, unprocessed and processed

Wines

For all 13 German quality wine-growing areas see Viticulture in Germany # growing areas

Other products

German PGI products

As of October 28, 2018

Meat, fresh

Meat products

cheese

Other products of animal origin

Fats

Fruit, vegetables and grains, unprocessed and processed

Fresh fish, mussels and shellfish and products made therefrom

Other products

Baked goods, pastries, confectionery or biscuits

Mustard paste

  • Düsseldorfer Mostert / Düsseldorfer Senf Mostert / Düsseldorfer Urtyp Mostert / Aechter Düsseldorfer Mostert

pasta

beer

Wines

For all 26 German country wine regions, see Viticulture in Germany # growing regions

spirits

  • Bergischer Korn / Kornbrand
  • Emsländer Korn / Kornbrand
  • Haselünner Korn / Kornbrand
  • Hasetaler Korn / Kornbrand
  • Korn / Kornbrand
  • Münsterländer Korn / Kornbrand
  • Sendenhorster Korn / Kornbrand
  • German brandy
  • Palatinate brandy
  • Franconian fruit schnapps
  • Franconian kirsch
  • Franconian plum water
  • Black Forest Kirsch
  • Black Forest Mirabelle water
  • Black Forest Williams pear
  • Black Forest plum water
  • Black Forest raspberry spirit
  • Bavarian mountain gentian
  • Genièvre / Jenever / Genever
  • East Frisian Korngenever
  • Steinhäger
  • Rheinberger herbs
  • Bavarian herbal liqueur
  • Benediktbeurer monastery liqueur
  • Berlin caraway
  • Tormentil
  • Chiemseer monastery liqueur
  • Ettaler monastery liqueur
  • Hamburger caraway
  • Cottage tea
  • Munich caraway
  • Bärwurz
  • Genièvre aux fruits / Vruchtenjenever / Jenever met vruchten / Fruchtgenever
  • Königsberg bear catch
  • East Prussian bear catch

Austrian PGI and PDO products

As of June 2018

cheese

Meat products

fruit and vegetables

Oils and other fats

beverages

Wine

see viticulture in Austria

Protected designations of origin in Switzerland

There are two protected designations of origin in Switzerland: Appellation d'Origine Protégée, AOP (protected designation of origin) and Indication géographique protégée IGP (protected geographical indication). Both are official, state-protected names that are checked by an independent certification body. For every product there is an exact specification sheet in which the quality and the typical properties of the region are defined. On May 7, 2013, the name Appellation d'Origine Contrôlée, AOC was replaced by Appellation d'Origine Protégée (AOP) .

Both designations of origin are represented in Switzerland by the Swiss Association of AOP-IGP . The organization pursues the following goals:

  • explain the basics of AOP and IGP to Swiss consumers
  • to offer the producers an AOP and an IGP logo
  • to bring together in one forum all industry organizations that benefit from the protected designations of origin and protected geographical indications
  • Representing the interests of the industries within the AOP-IGP policy

The official AOP or IGP quality marks are reserved for agricultural products with a close and traditional connection to their area of ​​origin.

The Federal Office for Agriculture is officially responsible for the approval of products and keeping the register of designations of origin (GUB / AOP) and geographical indications (GGA / IGP) .

Appellation d'Origine Protégée (AOP)

The protected designation of origin (GUB, French Appellation d'Origine Protégée (AOP) ) may only be used for quality products that have been produced, processed and refined in the area of ​​origin. Swiss AOP products are:

Candidates for AOP

The following agricultural products have applied for registration as AOP:

  • Boutefas (pork sausage from Vaud)
  • St. Gallen alpine cheese
  • Huile de noix de Sévery
  • Jambon de la Borne (ham from the canton of Friborg or the Broye region, dried in a smokehouse)

Indication geographique protégée (IGP)

The protected geographical indication (GGA, French Indication géographique protégée (IGP) ) is used to mark traditional and typical specialties of a clearly defined region. A product must either be produced, processed or refined in the area of ​​origin. For example, the meat for an IGP sausage can also come from animals raised outside the region. IGP products from Switzerland are:

Candidates for IGP

The following agricultural products have applied for registration as IGP:

Wine

see viticulture in Switzerland

Italian PGI and PDO products

Polish PGI and PDO products

Oscypki ” PDO (smoked sheep cheese) from the Polish Tatra Mountains

As of August 2014

  • Bryndza Podhalańska (PDO)
  • Oscypek (PDO)
  • Miód wrzosowy z Borów Dolnośląskich (PGI)
  • Rogal świętomarciński (PGI)
  • Wielkopolski ser smażony (PGI)
  • Andruty kaliskie (PGI)
  • Truskawka kaszubska ( Polish ) / Kaszëbskô malëna ( csb. ) (PGI)
  • Redykołka (PDO)
  • Wiśnia nadwiślanka (PDO)
  • Fasola korczyńska (PGI)
  • Miód kurpiowski (PGI)
  • Podkarpacki miód spadziowy (PDO)
  • Suska Sechlońska (PGI)
  • Kiełbasa lisiecka (PGI)
  • Krupnioki śląskie (PGI), since 2016
  • Obwarzanek krakowski (PGI)
  • Śliwka szydłowska (PGI)
  • Jabłka łąckie (PGI)
  • Chleb prądnicki (PGI)
  • Karp Zatorski (PDO)
  • Miód drahimski (PGI)
  • Kołocz śląski / kołacz śląski (PGI)
  • Jabłka grójeckie (PGI)
  • Fasola Wrzawska (PDO)
  • Fasola Piękny Jaś z Doliny Dunajca / Fasola z Doliny Dunajca (PDO)
  • Ser koryciński swojski (PGI)
  • Jagnięcina podhalańska (PGI)
  • Cebularz lubelski (PGI)

Slovak PGI and PDO products

As of August 2014

  • Skalický trdelník (PGI)
  • Slovenská parenica (PGI)
  • Slovenská bryndza (PGI)
  • Slovenský oštiepok (PGI)
  • Oravský korbáčik (PGI)
  • Tekovský salámový syr (PGI)
  • Zázrivský korbáčik (PGI)
  • Paprika Žitava / Žitavská paprika (PDO)

Czech PGI and PDO products

  • Budějovické pivo ( Budweiser beer )
  • Budějovický měšťanský var (Budweiser Bürgerbräu)
  • Českobudějovické pivo (Bohemian Budweiser beer)
  • Hořické trubičky (Höritzer rolls)
  • Špekáček , a bacon sausage widespread in the Czech Republic
  • Karlovarské oplatky and Karlovarské trojhránky, German designation " Karlsbader Oblaten ", since 2016 the term "Karlsbader Oblaten" may no longer be used for wafers that do not meet the specification for "Karlovarské oplatky".
  • Karlovarský suchar (Carlsbad rusks)
  • Lomnické suchary (Lomnitzer rusks)
  • Nošovické kysané zelí (Noschowitz sauerkraut)
  • Pardubický perník (Pardubický gingerbread)
  • Pohořelický kapr (Pohrlitz carp)
  • Štramberské uši (Stramberger ears)
  • Žatecký chmel (Saaz hops)
  • Olomoucký tvarůžek (Olomouc Quargel)

Hungarian PGI and PDO products

(As of July 2014)

  • Alföldi kamillavirágzat
  • Budapesti téliszalámi
  • Csabai kolbász / Csabai vastagkolbász
  • Gönci kajszibarack
  • Gyulai kolbász / Gyulai pároskolbász
  • Hajdúsági torma
  • Kalocsai fszerpaprika örlemény
  • Magyar szürkemarha hús
  • Makói vöröshagyma / Makói hagyma
  • Szegedi fűszerpaprika-őrlemény / Szegedi paprika
  • Szegedi szalámi / Szegedi téliszalámi ( salami from Szeged)
  • Szentesi paprika
  • Szőregi rózsatő

Denominations of Origin Non-Food

Designations of origin have also become established as a law in the non-food sector and are recognized by courts throughout the EU. The following names are used as registered trademarks for perfume and scented water.

  • Real Cologne water ( Original Eau de Cologne ) from Cologne
  • Original Eau de Cologne registered trademark at the DPMA under No. 39978180.3
  • Echt Kölnisch Wasser registered trademark at the DPMA under no. 39978178.1

Indication of origin "Made in ..."

In addition to the protected designations of origin, the country of manufacture is indicated on many products.

Examples

Web links

Individual evidence

  1. Regulation (EEC) No. 2081/92 of the Council of 14 July 1992 for the protection of geographical indications and designations of origin for agricultural products and foodstuffs
  2. Regulation (EC) No. 510/2006 of the Council of March 20, 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs
  3. a b c Regulation (EU) No. 1151/2012 of the European Parliament and of the Council of November 21, 2012 on quality regulations for agricultural products and food
  4. Regulation (EC) No. 1898/2006 of the Commission of December 14, 2006 with implementing provisions for Regulation (EC) No. 510/2006 of the Council for the protection of geographical indications and designations of origin for agricultural products and foodstuffs
  5. a b European Commission: Quality schemes explained. In: ec.europa.eu. European Union, accessed on July 27, 2019 .
  6. a b Commission Regulation (EC) No. 628/2008 of July 2, 2008 amending Regulation (EC) No. 1898/2006 with implementing provisions for Council Regulation (EC) No. 510/2006 on the protection of geographical indications and appellations of origin for agricultural products and food
  7. Maik Maschke: Changes to laws and ordinances, edition 1/2011. (PDF 220 KB) Other German specialties protected. In: Fachjournal Der Lebensmittelkontrolleur. Federal Association of. Food Inspectors (BVLK), p. 6 , accessed on April 26, 2019 .
  8. DOOR database. In: Database of Origin and Registration . Directorate-General for Agriculture and Rural Development of the European Commission , accessed on 26 April 2019 .
  9. Christian Brethauer: The protection of geographical indications of origin. at justlaw.de
  10. Publication of a registration application in accordance with Article 50 (2) (a) of Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality regulations for agricultural products and food
  11. ^ Protected Austrian designations in the portal of the Ministry of Life from February 7, 2012, accessed on February 15, 2013.
  12. Swiss Association of AOP-IGP
  13. Designations of origin and geographical indications. Register of appellations of origin and geographical indications. Federal Office for Agriculture , September 26, 2019, accessed on September 27, 2019 .
  14. Swiss Association of AOP-IGP candidates. Retrieved October 9, 2019 .
  15. The SOP / IGP Ordinance of May 28, 1997 on the website of the Swiss Association of SOP-IGP, accessed on July 14, 2019
  16. Register , on the website of the Swiss Association of SOP-IGP, accessed on July 14, 2019
  17. 18 Appenzell and St. Gallen producers are allowed to use the IGP trademark. (PDF) , media release by the Appenzeller Meat Specialties Association from November 1, 2018.
  18. Bündnerfleisch on the grischuna.ch website, accessed on July 14, 2019.
  19. “Café de Colombia” is now a protected name NZZ , May 28, 2013.
  20. FAQ - Note on Café de Colombia IGP on the website of the Swiss Association of AOP-IGP, accessed on July 14, 2019.
  21. Candidates for registration as AOP or IGP , on the website of the Swiss Association of AOP-IGP, accessed on July 14, 2019
  22. Regulation (EC) No. 583/2009 of the Commission of 3 July 2009 for the entry of a name in the list of protected designations of origin and protected geographical indications (Aceto Balsamico di Modena (PGI)) , accessed on 6 March 2019
  23. High quality food and drinks from the EU
  24. a b c d e f g h i j k EU-protected product names from the Czech Republic from November 13, 2007, accessed on February 15, 2013.
  25. Czech bacon protectionism on Radio Praha from May 5, 2011, accessed on May 7, 2011.
  26. Implementing Regulation (EU) No. 744/2011 of the Commission of 28 July 2011 on the entry of a name in the register of protected designations of origin and protected geographical indications (Karlovarské oplatky (PGI))
  27. Definitions for Eau de Cologne ( Memento dated October 6, 2007 in the Internet Archive ) (PDF), published by the Association of Toiletries and Detergents (IKW) "Protection of Original or Genuine Eau de Cologne"