Protection of geographical indications in trade with third countries

Geographical indications – legal regulations

Geographical indications are particularly significant for the sale and export of products. When making purchases, consumers often choose food products produced in a specific country, such as French or Italian cheese or wine. A product's authenticity is often due to the unique environmental conditions of a particular region or to long-standing manufacturing traditions, which is especially true of foodstuffs. In a market inundated with mass-produced goods, consumers increasingly value products with unique characteristics that are closely linked to their place of origin. Geographical indications are intended to protect both consumers and producers from unfair practices, which may involve the use of misleading designations that suggest the false origin, type or quality of a product. In the era of globalisation, geographical indications are also an important tool in the fight against counterfeiting, supporting local producers and promoting the cultural heritage of regions on the international stage, contributing to their economic development, while providing a competitive advantage in global markets.

1. Geographical indications for food and agricultural products
   

   At the EU level, geographical indications establish intellectual property rights to specific products whose quality characteristics are inextricably linked to their area of production. As stated in Regulation (EU) No. 1143/2024 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirits and agricultural products and traditional specialties guaranteed and quality terms used optionally for agricultural products, amending Regulations (EU) Nos. 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No. 1151/2012, the following geographical indications are protected:

   • Chronione nazwy pochodzenia (ChNP) (Protected Designation of Origin – PDO) are the names of food products, agricultural products and wines that have the strongest links to the geographical place where they are produced. Each stage of production processing or preparation of the product must take place in a specific area. Protected PDO names include, for example, "Kalamata" olive oil, Prosecco, as well as Polish products such as oscypek and bryndza podalańska cheeses, among others.
   • Chronione oznaczenia geograficzne (ChOG) (Protected Geographical Indications – PGI) is applied to the names of food products, agricultural products and wine to emphasise the connection between a specific geographic region and the name of a product. A product's special quality, reputation or other characteristic is largely attributed to its geographical origin. One of three processes can take place in a specific area: production, processing or preparation of the product. Protected geographical indications are, for example: "Zagorski puran" (PGI) – a product obtained from the indigenous Croatian Zagorje breed of turkey, the French soft cheese "Sel de Salies-de-Béarn" (PGI), as well as products originating from Poland, such as the pastry cebularz lubelski, grójeckie apples or rogale świętomarcińskie (St. Martin's croissant), among others.
   • Gwarantowana Tradycyjna Specjalność (GTS) (Traditional Speciality Guaranteed – TSG) highlights traditional aspects of a food or agricultural product, such as how it is made and its composition, without being linked to a specific geographic area. Registering a product name as a TSG protects it from adulteration and abuse. Products protected in this way include Pizza Neapolitana, Mozzarella, Hungarian Rögös Túró cheese, and the Polish sausages Kiełbasa Krakowska and Kabanosy Staropolskie.

   In accordance with EU regulations, the system for registering products with a protected geographical origin and specific traditional quality in Poland is supervised by the Ministry of Agriculture and Rural Development. The registration process for these products, including Protected Geographic Indications (PGI), Protected Designation of Origin (PDO) and Traditional Speciality Guaranteed (TSG), is a two-stage process. The first stage takes place at the national level and the second at the EU level.
   
   

   National stage:

   • Application for registration: It is submitted by a so-called "group" – an organisation of producers or processors of the same agricultural product. Exceptionally, the application can be submitted by a single producer if they are the only one in the area.
   • Verification of the application: At the national level, the application is checked for compliance with formal requirements and legitimacy. An important part is the specification of the product, which must include, among other things, the name, description and detailed information about the product.
   • Transmission to the European Commission: If the application meets all the requirements, it is forwarded to the European Commission. From this point on, the so-called provisional protection at the national level applies, which expires when the Commission makes a decision on registration.

   EU stage:

   • Examination of the application by the European Commission: Within six months, the Commission verifies that the application is justified and meets all legal requirements.
   • Publication in the Official Journal of the European Union: If the application meets the requirements, the summary description is published. From then on, interested parties have six months to file objections.

   Objections may be filed when:

   • the product does not meet the requirements;
   • the name is generic in nature;
   • there is a conflict between the trademark and the geographical indication.

   If the objection is justified, the Commission will invite the parties to consult. If there is no objection or the conflict is resolved, the name is entered in the relevant register.

   Name and product protection:

   Once registered, protection extends to both the name and the product, which must comply with the specification. Products that do not meet these requirements may not bear the registered name.

2. Geographical indications of spirit drinks
   

   In addition to the system for the protection of geographical indications for agricultural products and foodstuffs, the European Union also has a system for the protection of geographical indications for spirit drinks. The legal basis is Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019, which regulates the definitions, labelling and protection of spirit drinks in the EU.

   The geographical indication of a spirit drink indicates that the product in question originates from a specific geographical area (country, region or place), and its quality, reputation or other characteristics are due precisely to this origin. The indication protects the right to use the name reserved for that specific territory.

   1. Register of geographical indications of spirit drinks

   The list of spirit drinks with protected geographical indications is included in the Register of Geographical Indications for Spirit Drinks maintained by the European Commission. An application for inclusion of a new beverage in the register is submitted by the Member State from which the beverage originates. After verifying the application, the European Commission decides whether to register the designation.

    This registry includes many well-known drinks, such as Scotch Whisky and Cognac. It also includes three Polish spirits such as:

   • Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej (Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass); oraz
   • Polska Wódka / Polish Vodka.
   • "Polish Cherry" (Polska Wiśniówka)

   The eAmbrosia register (the EU geographical indications register) is used to search for protected geographical indications of spirit drinks.

Protection of geographical indications of spirit drinks in Poland

In Polish law, the protection of geographical indications of spirit drinks is regulated by the Act of 18 October 2006 on the manufacture of spirit drinks and the registration and protection of geographical indications of spirit drinks.

At the national level, a national list of protected geographical indications for spirit drinks is maintained, supervised by the Minister of Agriculture and Rural Development.

Enhanced Partnership and Cooperation Agreement (EPCA) between the European Union and Kyrgyzstan

On 25 June 2024, the European Union and the Kyrgyz Republic signed an Enhanced Partnership and Cooperation Agreement (EPCA). The signing of this agreement is aimed at strengthening the mutually beneficial cooperation established in the past based on the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States on one side and the Kyrgyz Republic on the other, signed in Brussels on 9 February 1995.

Key areas of cooperation

• Trade and investment
  • Developing and strengthening trade relations
  • Supporting mutual investment
• Sustainable development and connectivity
  • Joint actions for sustainable development
  • Infrastructure development and improvement of interregional connections
• Research and innovation
  • Scientific cooperation
  • Mutual support of innovative projects
• Education
  • Joint educational initiatives
  • Exchanges of students and researchers
    
• Environment and climate change
  • Environmental protection
  • Action to combat climate change
• Rule of law, human rights
  • Strengthening democratic principles
  • Protecting human rights and supporting civil society
• Enhanced cooperation in foreign and security policy
• Protection of geographical indications
  • Cooperation in the protection of geographical indications of products, allowing for the recognition and protection of regional products with a unique character.

The protection of geographical indications for spirit drinks such as Polska Wódka and Wódka ziołowa z Niziny Północnopodlaskiej under the EPCA agreement brings many benefits for the export of Polish spirit products, such as:

• increased prestige and recognition in international markets, which attracts consumers looking for authentic products;
  
• protection against counterfeits and unfair competition, ensuring high quality;
• promotion of Polish traditions and regional products, increasing interest in unique products;
• facilitation of access to new markets and greater export opportunities;
  
• increased competitiveness and value of exports, which can generate higher profits;
  
• development of tourism and the economy through the promotion of Polish products around the world.

Protected geographical indications help build a premium brand, protect tradition and support the development of Polish spirits in the global market.

Protection of geographical indications of Polish spirit drinks in third countries

The geographical indications of Poland's flagship spirit products, i.e. "Polska Wódka", "Wódka ziołowa z Niziny Północnopodlaskiej" and "Polska Wiśniówka" are protected in the following countries:

Consequences of infringing a protected geographical indication

1. EU law

   • According to the wording of Article 26 of Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024, on geographical indications for wine, spirits and agricultural products and traditional specialties guaranteed and quality terms used optionally for agricultural products, amending Regulations (EU) Nos. 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No. 1151/2012, geographical indications registered in the EU register of geographical indications are protected against:
   • direct or indirect commercial use of a geographical indication in respect of products not covered by the registration, if such products are comparable to products registered under that name or if the use of that geographical indication in respect of any product or service exploits, weakens or detracts from the reputation of that protected name or works to the detriment of that reputation, including when such products are used as ingredients;
   • any misuse, imitation or evocation, even if the true origin of the product or service is stated, or if the protected name is given in translation, in transcribed or transliterated form, or with an accompanying term such as "in the style," "of the type," "according to the method," "as produced in," "imitation," "of the flavour," "similar to," or similar terms, including when these products are used as ingredients;
   • any other false or misleading terms referring to the origin, nature or essential characteristics of the product, stated on the inner or outer packaging, in advertising material, documents or information posted on internet interfaces with respect to the product, and the packaging of the product in a container that may give the wrong impression as to its origin;
   • any other practices that could mislead the consumer about the true origin of the product.

   This protection extends further, also covering all domain names available in the European Union, as well as:

   • goods brought into the customs territory of the Union without being released for free circulation there;
   • goods sold at a distance, such as through e-commerce; and
   • goods intended for export to third countries.

   Entities that have registered a protected geographical indication are entitled to apply to the customs authorities to prevent any third party from introducing goods into the European Union in trade without releasing them there for free circulation, if the goods, including their packaging, originate from third countries and violate the Regulation.

2. Domestic law

   The Law of 9 March 2023 on the Registration and Protection of Designations of Origin, Geographical Indications and Guaranteed Traditional Specialties of Agricultural Products and Foodstuffs, Wines or Spirits and Traditional Products (Journal of Laws, item 588) regulates the issue of fines imposed in the form of a decision by the Chief Inspector of Commercial Quality of Agricultural and Food Articles (GIJHARS) on entities committing violations of protected geographical indications.

   According to Article 56 of the Law on the Registration and Protection of Designations of Origin, Geographical Indications and Guaranteed Traditional Specialties of Agricultural Products and Foodstuffs, Wines or Spirits and Traditional Products:

   • use of a name registered as a designation of origin, geographical indication or traditional speciality guaranteed or traditional terms not in accordance with the product specification is subject to a fine of up to 20 times the average salary for the year preceding the year in which the penalty proceedings were initiated;
   • reuse of a name registered as a designation of origin, geographical indication or traditional speciality guaranteed or traditional terms not in conformity with the product specification or violates the scope of protection of that name specified is subject to a fine of up to 50 times the average salary for the year preceding the year the proceedings for imposing the fine are initiated, not less than the amount of the fine previously imposed for such a violation;
   • use of a designation, abbreviation or symbol in violation of regulations is subject to a fine of up to 20 times the average salary for the year preceding the year in which the proceedings for imposing the fine are initiated;
   • reuse of a designation, abbreviation or symbol in violation of regulations is subject to a fine of up to 50 times the average salary for the year preceding the year in which the penalty proceedings are initiated.

Summary

The protection of geographical indications is of key importance for entrepreneurs in the alcohol industry. Thanks to it, products such as "Polska Wódka", "Wódka ziołowa z Niziny Północ-nopodlaskiej" or "Polish Cherry" are recognised and valued around the world for their quality and authenticity. Securing the aforementioned designations helps protect the brand, prevents counterfeiting and builds consumer confidence on international markets. For Polish producers, this is a key element of the export strategy, which supports economic development and strengthens the position of domestic products on the global market.

authors: Paulina Klimek-Woźniak, Kacper Gabryjanczyk