US Wins WTO Case against EU over Food Names
December 23, 2004The United States Trade Representative Robert B. Zoellick announced on Wednesday that the United States had prevailed in its WTO case against the European Union regarding geographic food names known as "geographical indications."
A press release by the United States Trade Representative Office (USTR) explained that Geographical indications, or "GIs", are geographic names that have a particular association with a product, such as Idaho potatoes or Florida oranges.
In its report issued today, the WTO panel agreed with the United States that Europe’s regulation discriminates against US products and producers and is therefore contrary to WTO rules.
The panel also agreed with the United States that Europe could not, consistent with WTO rules; deny US trademark owners their rights. The panel emphasized that any exceptions to trademark rights for the use of registered GIs were narrow, and limited to the actual GI name as registered.
"This is a big win for American farmers and food processors. We brought this case because we believed that, under WTO rules, US farmers, ranchers, and other food producers should have the same access to protection for ‘geographical indications’ as European food producers.
Europe clearly failed to provide this access," said Zoellick. "We also welcome the panel’s findings that protecting GIs need not and should not harm the rights of trademark owners. These findings are important to the rights of US companies protecting their trademarks in Europe," he added.
Zoellick noted the interest in this case by the House Agriculture Chairman Bob Goodlatte and worked closely with him and his staff on this issue. Under WTO rules, both parties will have an opportunity to appeal the panel report to the WTO Appellate Body after the report is circulated to the WTO membership and the public, probably sometime in the next few months.
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