PDO and PGI can also protect design

A significant win for producers of products protected as protected designations of origin (PDOs) or protected geographical indications (PGIs). This is because the protection goes beyond just the designation under the PDO or PGI. Many products under PDO/PGI protection have a characteristic shape or appearance. In December the ECJ ruled that those characteristics can also fall within the scope of protection.

Take the well known Morbier cheese with natural brown rind and a distinctive layer of ash across (the favorite cheese of one of my daughters for years). A cheese with just such characteristic shape or appearance can be banned if those characteristics might lead consumers to believe that it too falls under the PDO designation for Morbier. It must be assessed whether the imitation is likely to mislead the average European consumer, taking into account all relevant factors in the case. We will hear more about PDOs and PGIs.

Maarten Haak