Understanding EU trade policy on geographical indications

Abstract

This article explores European Union (EU) policy on geographical indications (GIs) as expressed in the outcomes of EU trade negotiations. This empirical approach provides a factual basis about the GI deals which are acceptable to the EU. Across the EU's six recent Global Europe treaties the EU has achieved a good degree of success in obtaining strong-form GI rights (no use of -like, -style qualifiers on labels) for a number of specific products. The article also identifies GI outcomes in recent treaties driven by US negotiating demands. While US-driven treaties prioritize a trademark approach to GIs, they also allow for coexistence with EU-style strong-form GIs. Comparing these two sets of outcomes provides useful insights for future EU trade negotiations, such as the proposed Transatlantic Trade and Investment Partnership (TTIP) with the US or the proposed Free Trade Agreement with Australia and New Zealand. In particular the Canada-EU Comprehensive Economic and Trade Agreement (CETA) shows how the interests of domestic cheese and meat producers can be protected while allowing for strong-form GI privileges for a reasonable number (135 in CETA) of listed product names.