Geographical Food & Drink Names

Currently, food and drink manufacturers can protect the names of their products under EU Geographical Indication (GI) Regulations (Stilton cheese for example) and related provisions for the protection of designations of origin and traditional specialities. Following Brexit, the Government intends to set up its own GI scheme which will mirror the existing EU system. It is currently anticipated that all current GIs concerning UK products will continue to be protected under the EU schemes. If this is not the case, UK producers will need to submit applications to the European Commission as ‘third country’ producers.  Holders of GIs, designations of origin and traditional speciality rights granted pursuant to the current EU system will automatically be entitled, as from the end of the transition period, to use the same rights in the UK, which will be granted the same level of protection under UK law as they received under the relevant provisions of EU law.

If you have any questions regarding the impact of Brexit on your intellectual property rights, please contact your usual Marks & Clerk advisor or, alternatively, you can direct your question to the chair of our Brexit committee, Graham Burnett-Hall.

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