1 “UK companies lose their EU protected [geographical indications]” ✖️
2 “ANY country in the world can produce Scotch whisky” ✖️
● 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
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)
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
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
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.
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
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
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?
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: tradebetablog.wordpress.com/2018/05/05/wha…
What about protection agreed under an EU deal eg EU-Canada🇨🇦, EU-Japan🇯🇵, EU-Australia 🇦🇺— yes there is one on wine ⬇️ austlii.edu.au/au/other/dfat/…)
It depends on those countries’ laws and how the protection was given
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 🇰🇷
Note: Scotch Whisky has a strong lobby, unlike many other UK GIs.
Here’s a general explanation of geographical indications tradebetablog.wordpress.com/2018/05/05/wha…
The tariffs were authorised by the WTO because of illegal UK subsidies. So what’s “unacceptable”? WTO dispute settlement procedure?