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1/14—This ⬇️ tweet has generated a lot of comment and some anger. Here’s why it’s WRONG to say—as @_schuermann does—that

1 “UK companies lose their EU protected [geographical indications]” ✖️
2 “ANY country in the world can produce Scotch whisky” ✖️

2/14—To keep this simple let’s to look at, post-Brexit/post-transition, …

● the status of British geographical indications (GIs, which are product *names*) IN THE EU
● their status in the REST OF THE WORLD if protected now
— outside an EU agreement
— via an EU agreement
3/14—BRITISH 🇬🇧 NAMES IN THE EU 🇪🇺 (1):

Protection is secured by registering the names as a “(protected) geographical indication” (PGI or GI) or “protected designation of origin” (PDO). (There’s also a “traditional speciality guaranteed” category)… ImageImageImage
4/14—BRITISH 🇬🇧 NAMES IN THE EU 🇪🇺 (2):

If the criteria/specifications are met, the names can be registered and protected against use by others.

Registered UK names eg Scotch Whisky continue to meet the criteria post-Brexit/transition, so stay protected in the EU
5/14—BRITISH 🇬🇧 NAMES IN THE EU 🇪🇺 (3):

WTO rules prevent the EU from discriminating between names of EU members and EU non-members.

What applies to (French) Cognac must also apply to Scotch Whisky: “national treatment”, a type of non-discrimination… Image
6/14—BRITISH 🇬🇧 NAMES IN THE EU 🇪🇺 (4):

So, UK names will continue to be protected in the EU as before, unless the EU also weakens protection for its own geographical indications—little chance since the EU attaches so much importance to GI protection.… Image
7/14—BRITISH 🇬🇧 NAMES IN THE EU 🇪🇺 (5):

This may explain why the Withdrawal Agreement (WA) is silent on UK names protected in the EU. They’ll almost certainly stay protected there

But EU names currently protected in the UK stay protected under the WA… Image
8/14—EU 🇪🇺 NAMES IN THE UK 🇬🇧 :

The UK wants its own GI system. So the WA “grandfathers” EU names in the UK—those already protected in Britain stay protected.

Even if UK law changes, “Feta” (the name) in the UK will still only be Greek, never American… Image
9/14—UK 🇬🇧 NAMES OUTSIDE THE EU 🌐 (1):

This depends on how UK names are currently protected in other countries.
● How do those countries protect GIs? (GI system? Trademark system? Consumer protection?)
● Does it depend on an agreement with the EU?… Image
10/14—UK 🇬🇧 NAMES OUTSIDE THE EU 🌐 (2):

Even if a country has a GI system, producers can also register the name as a trademark.

In general, if a UK name qualifies for protection in another country, leaving the EU makes no difference.

Note also this:… Image
11/14—UK 🇬🇧 NAMES OUTSIDE THE EU 🌐 (3):

What about protection agreed under an EU deal eg EU-Canada🇨🇦, EU-Japan🇯🇵, EU-Australia 🇦🇺— yes there is one on wine ⬇️…)

It depends on those countries’ laws and how the protection was given Image
12/14—UK 🇬🇧 NAMES OUTSIDE THE EU 🌐 (4):

If the legal status of the protected name is unchanged, even if it originated from an EU deal, then the UK name stays protected.

Otherwise protection would be confirmed in a rollover agreement, as with SKorea 🇰🇷… Image
13/14—Naturally if the original EU agreement does not include geographical indications, the rollover to the UK will not either.

Note: Scotch Whisky has a strong lobby, unlike many other UK GIs.

Here’s a general explanation of geographical indications…
14/14—More interesting in the shared article is @trussliz’s claim that US tariffs on Scotch Whisky are “unacceptable”.

The tariffs were authorised by the WTO because of illegal UK subsidies. So what’s “unacceptable”? WTO dispute settlement procedure?

P.S. see this explainer from @ScotchWhiskySWA Just tweeted by @TheEmbraExpress…
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