A unique type of intellectual property known as geographic indications (GIs) safeguards the names of goods with particular geographic origins as well as any attributes or reputations that are associated with those origins. Some well-known examples include Longjing Tea (from the Longjing province of China), Scotch Whisky (a whisky from Scotland), and Champagne (a sparkling wine from the Champagne region of France). Whether you’re working with European GIs in the UK market or safeguarding Chinese region-based products overseas, it’s critical for Chinese legal professionals to understand how GIs are handled in the UK, particularly in the wake of Brexit.
Following Brexit, the UK’s GI Scheme: An Independent System
A product name that was protected as a GI under EU legislation was also protected in the UK before to Brexit, as the UK was a part of the EU’s unified GI system (and vice versa for UK products in the EU). Following Brexit, Great Britain (England, Scotland, and Wales) now has its own GI schemes. These are structurally similar to EU schemes:
Protected Designation of Origin (PDO): for goods whose qualities are primarily attributable to the designated region and whose production, processing, and preparation must all take place there. Whitstable oysters are one example from the UK; if they were protected, they would have to be cultivated and harvested there.
Products with a connection to the region and at least one stage of production, processing, or preparation occurring there are designated as Protected Geographical Indications (PGIs). Compared to PDO protection, the criteria is less stringent. Welsh Lamb, for example, is PGI in the UK; the lambs must be born and raised in Wales, but they can be slaughtered and butchered elsewhere and still be called “Welsh Lamb” because Welsh grazing gives it its unique characteristics.
A traditional recipe or production technique is protected by the Traditional Speciality Guaranteed (TSG) designation, which does not restrict it to a particular region. (In the UK, for instance, Traditional Cumberland Sausage is a TSG; as long as it is prepared with the traditional recipe and technique, it can be produced anywhere.)
As of December 31, 2020, all GIs that were protected in the EU were automatically transferred to the UK’s GI registries. In actuality, this implies that if a Chinese company imported Parma Ham or Champagne into the UK, those names would still be protected without any problems; UK customers and businesses wouldn’t be surprised by the unexpected emergence of imitations due to Brexit. For names that already existed, continuity was preserved. However, new GIs are not always protected in the UK. For instance, in 2021, the EU might approve a new GI for a type of cheese in Italy. To extend protection to GB, a further application to the UK scheme would be required.
The Special Case of Northern Ireland: Northern Ireland continues to abide by EU GI standards and other single market rules for goods under the Northern Ireland Protocol, which is a component of the Brexit agreements. This indicates that EU-protected GIs, including newly created ones, are acknowledged in Northern Ireland. On the other hand, unless a GI was grandfathered in or also went through the EU process, it might not be immediately recognised in Northern Ireland under the new UK-GB structure.
For pragmatic reasons, keep in mind that there is a dual system in the UK since EU GIs are still in effect in Northern Ireland while you are counselling a client on GIs in the “UK.” This complication may not have a significant impact on Chinese companies in many situations, but if a Chinese company distributes a product in Belfast, Northern Ireland, using a name that is similar to an EU GI formed after 2020, they may face legal issues in Northern Ireland even if the GI name isn’t (yet) protected in Great Britain.
It’s generally reasonable to assume that significant GI names will be protected in the UK in one way or another, but if a borderline situation occurs, one should get clarity.
How to Keep a Geographic Name Safe in the United Kingdom
Here’s how to get GI protection for your product name in the UK if you represent a Chinese producer organization (such a regional specialty food consortium or a tea producers’ association):
Assure Home Recognition: As a geographic indicator or appellation, the product name should normally already be protected or at the very least recognised in its home nation. The UK will anticipate that the name is controlled in its country of origin and is not generic. An application in the UK would be supported by the fact that, for example, “Anji Bai Cha” (Anji white tea) is a protected geographical indicator in China. The UK might be reluctant to protect a name that isn’t protected domestically since it might be viewed as generic outside of its borders.
Application through DEFRA: In collaboration with partners in devolved governments, the Department for Environment, Food & Rural Affairs (DEFRA) serves as the UK’s GI authority. For GI protection in the UK, a foreign group can apply directly to DEFRA. A thorough product specification is part of the application; this document is essential. It must outline the product, its salient features, the borders of the geographical area, the production processes, and the relationship between the region and the product’s reputation or quality.
It also lays out guidelines for things like inspection procedures (how to make sure producers follow them). This is comparable to the requirements set forth by Chinese GI authorities for domestic GI registration. The proper GI classification (PDO, PGI, or TSG) must also be proposed in the application, together with information about the producers’ group and any formal domestic backing.
Analysis and Rebuttal: DEFRA will review the application to make sure it satisfies the requirements. If everything appears to be in order, the application for opposition (objection) will be published, usually for a set amount of time (three months was the EU standard; the UK has a similar duration). Anyone with a valid interest—whether an individual, business, or organization—may object within that time.
For instance, if the name is generic in the UK (think of someone attempting to register “Green Tea” as a GI—clearly generic), or if it clashes with an already-existing trademark or another product name, objections may be raised. There is a process in place to address objections, which may entail discussions or an official ruling by the authorities. The name is added to the UK’s list of protected GIs if no resistance is raised or if any objections are addressed.
Timeline: Depending on if there are objections, it may take a year or longer from application to registration, though this is difficult to anticipate with precision. This timeline is similar to what other governments require for GI approvals. Chinese groups should be patient and document everything well; they shouldn’t anticipate a response right now.
International Agreements and Third-Country GIs: The UK is willing to defend GIs from other countries. In actuality, the UK has been incorporating GI clauses into its new trade agreements. For instance, the UK promised to safeguard specific Japanese GIs in a trade agreement with Japan, and vice versa. As of right present, the UK and China have not reached a specific GI agreement comparable to the EU-China 2020 accord, which safeguarded 100 GIs on each party’s territory.
This implies that unless they were previously protected through the EU procedure, Chinese GIs are not immediately recognised in the UK. For significant names, Chinese authorities and producers may need to submit separate UK applications. However, keep an eye out because a bilateral GI recognition agreement that simplifies matters may emerge if UK-China economic relations develop.
GI Use and Enforcement in the UK
Any abuse of a product name for goods that don’t meet specifications or originate from outside the UK is prohibited once the product name has been protected as a GI in the UK. Important enforcement points:
Who Can Use the Name: The protected name is a collective property of the producers in the territory, not the exclusive right of any one company. Any producer who is situated in the designated area and complies with the specifications may use it. They must, however, typically pass a verification process (frequently, producers are certified by regulatory agencies or inspection programmes). For instance, a British winery cannot refer to its sparkling wine as Champagne, whereas any legal winery in Champagne may use the title “Champagne.”
Misuse and Infringement: A corporation violates the GI protection if it uses a GI name without permission (for example, calling a sparkling wine “Champagne” when it isn’t or using a name that is confusingly close to a GI to profit from its reputation). Such misuse can be prevented by UK Trading Standards authorities, who will treat it as a trading offence (i.e., deceiving consumers as to origin).
Furthermore, the consortium or group of GI producers may file a lawsuit (typically in civil court or by pressuring Trading Standards to take action). Injunctions (to prevent the use of the name), damages (if applicable), and the seizure or destruction of goods (particularly in cases of counterfeiting, such as when “Scotch Whisky” is created elsewhere) are examples of legal remedies.
Protection Scope: GI protection includes both “evocation” or imitation as well as direct use of the name. For instance, in the UK, a cheese that isn’t created in Greece cannot be labeled “Feta.” It also can’t be termed “Greek-style feta cheese” or “Feta-like,” as these terms would be interpreted as attempts to mimic the real thing. Translations and soundalikes cannot be used inappropriately for a Chinese GI once it has been protected.
For example, a business would not be able to sell “Longjing-style green tea” produced in another nation if “龙井茶” (Longjing tea) were protected. Since it is taking advantage of the reputation, it would probably violate the GI regulations even if they clarify that it is not from the area.
Trademark Relationship: A GI is not the same as a trademark. A GI is a collective right, while a trademark is a private right that belongs to a particular entity. As stated on the DEFRA website, “An individual or corporation does not own a GI,” the UK GI rules make it clear that a GI is not owned by a single company. Nonetheless, a trademark that was lawfully registered prior to the GI’s implementation can usually still be used.
For example, a trademark holder may have some grandfathered rights if they had a UK trademark for wines called “Napa Valley” that was registered a long time ago (a hypothetical example) and later “Napa Valley” was protected as a GI for Californian wine. Conflicts such as these are resolved in practice by either coexisting but with restrictions or rejecting the GI (if the trademark is well-known and predates it). As previously stated, Chinese agents should look for any current UK trademarks that would be in dispute with their GI name.
Example of Chinese GI Enforcement: Let’s say that “JinHua Ham,” a well-known Chinese ham from Jinhua, Zhejiang, was designated as a protected GI in the UK. The Chinese side might take action if a UK company began selling unrelated ham under the name “JinHua ham” (or a very similar name) without sourcing it from China and completing the correct procedures.
The products might be seized for making false claims about their provenance, and Trading Standards would probably step in to prohibit the deceptive labelling. That argument would be simple if GI protection existed, but without it, one could have to rely on less detailed generic food labelling rules or make the case of passing off.
Consequences for Chinese Companies
Chinese Exporters of GI Products: Verify that you are authorised to use the name correctly and that you are using it appropriately if you export a product with a protected name (either Chinese or European). For instance, you must truly be sourcing from Darjeeling if you export Darjeeling tea from India to the UK (Darjeeling is a protected GI in the UK that was carried over from the EU list).
Even as an exporter, you may run afoul of the law if you abuse that GI since your UK import partners may reject the goods or require you to relabel them. If Chinese regional items are designated as GIs in the UK, make sure to use the authorised English naming convention and, if necessary, use the UK GI logos. Selecting the English (or transliterated) form of the name that will be protected is frequently a step in the GI application procedure. The secret to developing a reputation is using it consistently.
Chinese retailers and importers should use caution while importing any goods that might violate a GI. For example, it would be against the law in the UK to import a sparkling wine from, say, Australia and sell it as “Australian Champagne.” Additionally, it would violate the Parmigiano Reggiano/Parmesan GI if you imported a cheese from an unidentified country and labelled it as such. Unless you are working with an official GI product, always use generic names for items. Additionally, if you are importing real GI goods (such as original Prosciutto di Parma or Shaoxing rice wine from the appropriate suppliers), ensure that the product’s label satisfies UK regulations (containing the GI logo if required by the deadline, etc.).
Parallel Products and GI Names: Chinese businesses may experience a shift if a GI name is highly generic in China but protected in the UK. For instance, in China, “Feta” cheese is essentially generic white cheese; there is no GI notion for Feta. Feta, however, is a protected GI in the UK and EU (only Greek cheese manufactured traditionally). The UK would restrict a Chinese company from exporting a comparable cheese under the name “Feta.” Understanding these distinctions is important since you might need to come up with a new brand name or use a different moniker (“salty white cheese”).
Certification Marks as a Tool: Take into consideration a certification trademark if you are the representative of a Chinese regional association and you feel that the UK GI procedure is too drawn out. The Tea Association might, for instance, register a UK certification mark for “Longjing” with restrictions that it can only be applied to tea that comes from the Longjing region of Hangzhou and satisfies specific quality standards.
This lacks the status of a GI and could be criticised for being too descriptive, but it might work if you include a logo or other stylization. All manufacturers who meet the requirements are permitted to use a certification mark that is owned by an organisation (such as the association). Chinese practitioners are familiar with this idea because both China and the UK permit certification marks (in fact, many GIs in China are also protected as certification or collective marks under trademark law).
Supporting Chinese GIs: European GIs are well-known to UK customers, who view names like Parma Ham, Champagne, Cognac, Roquefort cheese, etc. as indicators of quality. Although some have begun to emerge through the EU-China GI agreement, they are less familiar with Chinese GIs (for instance, “Panjin Rice” or “Pixian Douban” may gain recognition in specialised circles). A crucial next step for Chinese businesses that are successful in protecting a name in the UK is to market and inform importers and customers about the significance of the name and its unique qualities. The cornerstone is legal protection, but enhancing one’s reputation will optimise the protection’s economic impact.
In Summary
In conclusion, the UK has a strong mechanism in place to safeguard geographical indications in the post-Brexit world, which is now separate from the EU. In order to successfully traverse this system, Chinese legal experts working with GI products should:
When necessary, obtaining protection for important Chinese geographical names through the UK GI application process.
- making sure that GI rules are followed while importing or selling goods in the UK (don’t abuse protected names).
- giving them advice on the distinctions between GI and trademark protection and how to use each properly.
The goal of geographic indications is to maintain the integrity and authenticity of local history. Protecting those names in markets like the UK helps to both prevent misuse and raise the product’s status as Chinese goods continue to earn international renown. After Brexit, there is a little more paperwork because of the UK’s separate scheme, but the basic idea is still that real origin matters. As they market their products around the world, Chinese businesses and areas that have spent generations cultivating the reputation of their specialty goods can and should employ legal GI protection in the UK to ensure that reputation is protected.
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