1. Alexander Anton Attorney-at-Law German Dairy Association (MIV), Brussels anton@milchindustrie.de Trademarks, Geographical Indications and Generics in cheeses

2. WIPO - 28 June 2005 Alexander Anton Background German Dairy Industry: 120 daries (coops and private companies) with 38.000 employees processing the milk of 112.000 dairy farms

3. WIPO - 28 June 2005 Alexander Anton Background Cheese production

4. WIPO - 28 June 2005 Alexander Anton Background PDO / PGI share of cheese production PDO / PGI share of cheese production

5. WIPO - 28 June 2005 Alexander Anton „Protection of geographical names is a key to promote quality products and to increase transparency... Feta cheese should not be an exception. Marketing cheese as Feta when it is not produced strictly according to its product specifications is misleading to consumers.“ Franz Fischler former EU Commissioner „Protection of geographical names is a key to promote quality products and to increase transparency... Feta cheese should not be an exception. Marketing cheese as Feta when it is not produced strictly according to its product specifications is misleading to consumers.“ Franz Fischler former EU Commissioner Imagine a world where you have to call parmesan cheese „aged hard cheese“ or where Dijon mustard would have to be marketed as „brown spicy mustard.“ C. Manly Mopus President/ CEO of Grocery Manufacturers of America Imagine a world where you have to call parmesan cheese „aged hard cheese“ or where Dijon mustard would have to be marketed as „brown spicy mustard.“ C. Manly Mopus President/ CEO of Grocery Manufacturers of America „We have no difficulty with protecting legitimate local names for cheeses such as Roquefort or Gorgonzola. But at the same time we must also recognize that some names – such as Feta, Parmesan, Emmental and Cheddar – have long been recognized as generic products by consumers around the world. The right to continue to produce and market those cheeses must be equally protected.“ Craig Norgate CEO of New Zealand‘s Fonterra Cooperative Group „We have no difficulty with protecting legitimate local names for cheeses such as Roquefort or Gorgonzola. But at the same time we must also recognize that some names – such as Feta, Parmesan, Emmental and Cheddar – have long been recognized as generic products by consumers around the world. The right to continue to produce and market those cheeses must be equally protected.“ Craig Norgate CEO of New Zealand‘s Fonterra Cooperative Group

6. WIPO - 28 June 2005 Alexander Anton International developments  Paris Convention for the Protection of Industrial Property, 1883  Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, 1891  Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, 1958  Stresa Convention for the Use of Appellations of Origin and Denominations of Cheeses, 1951  WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994

7. WIPO - 28 June 2005 Alexander Anton Stresa Convention 1951  Annex Aprotection of the origin  Annex Bprotection of characteristics = generic names  “denominations of cheeses in Annex B shall not be transferred to Annex A …”

8. WIPO - 28 June 2005 Alexander Anton Geographical Indication (Terminology) where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin A geographical indication is an indication which identifies a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. (TRIPS-Agreement)

9. WIPO - 28 June 2005 Alexander Anton Council Regulation (EEC) No. 2081/92 Protected Designation of Origin (PDO) Protected Geographical Indication (PGI) Product must be Product must be produced and processed and prepared in geographical area Product must be Product must be produced or processed or prepared in geographical area a link between product or foodstuff characteristics and geographical origin exists (Scope: limited to certain agricultural products for which a link between product or foodstuff characteristics and geographical origin exists)

10. WIPO - 28 June 2005 Alexander Anton PDO/PGI registration under Reg. (EEC) No. 2081/92 (cheeses) total 154 (2004) total 154 (2004)

11. WIPO - 28 June 2005 Alexander Anton PDO / PGI share of cheese production

12. WIPO - 28 June 2005 Alexander Anton German GI cheeses  Allgäuer Bergkäse  Allgäuer Emmentaler  Altenburger Ziegenkäse  Odenwälder Frühstückskäse

13. WIPO - 28 June 2005 Alexander Anton Generic Cheeses Emmental, Cheddar, Gouda, Edam, Camembert, Brie, Provolone, Mozzarella... Feta (C-465/02), Parmesan (C-132/05)

14. WIPO - 28 June 2005 Alexander Anton ① Parmesan 2008 ? ② Feta 2007 ? ③ Olmützer 2010 ? ④ Münster 2019 ? ⑤ Emmental ? ⑥ Edam/Gouda ? ⑦ EU-Commission ④ ⑤ ② ① ③ ⑥ ⑦

15. WIPO - 28 June 2005 Alexander Anton Court Cases (European Court of Justice, Court of First Instance)  Feta  FetaC-289/96 et. al. (1999) C-465/02 & 466/02 et. al.  Gorgonzola  GorgonzolaC-87/97 (1999)  Emmental  EmmentalC-448/98 (2000)  Parmesan  ParmesanT-197/96 C-66/00 (2002) C-132/05  Grana Padano  Grana PadanoC-469/00 (2003)  Grana  GranaT-291/03

16. WIPO - 28 June 2005 Alexander Anton Regulation (EEC) No. 2081/92 Generic names  Generic names may not be registered. the common name  Generic name means the name of an agricultural product or foodstuff which, although it relates to the place or the region where this product or foodstuff was originally produced or marketed, has become the common name of an agricultural product or a foodstuff.

17. WIPO - 28 June 2005 Alexander Anton

18. WIPO - 28 June 2005 Alexander Anton Regulation (EEC) No. 2081/92 List of generic names  In Reg. 2081/92 the Commission is asked to draw up and publish a non-exhaustive, indicative list of generic names before the entry into force of this regulation (July 24, 1993).  Codex Alimentarius Standard: generic names  Stresa Convention of 1951

19. WIPO - 28 June 2005 Alexander Anton Convention/ Reg. Designation Stresa (1951)CodexstandardReg. (EEC) 2081/92 Gorgonzola Annex A--PDO Asiago Annex B--PDO Fiore Sardo Annex B--PDO Fontina Annex B--PDO Camembert/Brie Annex BC-33 / C-34 (1973)-- Emmental Annex BC-9 (1967)-- Gruyère Annex B C-10 (1967) (revocation 1997) ( ? ) Danablu Annex B C-2 (1966) (revocation 1997) PGI (21.6.96) Danbo Annex BC-3 (1966)-- Edam/Gouda Annex BC-4 / C-5 (1966)--

20. WIPO - 28 June 2005 Alexander Anton Regulation (EEC) No. 2081/92 Statement by the Council and the Commission „(We) stress that this Regulation is not intended to prevent the continued marketing of products legally sold within the Community on June 30, 1992, so long as they do not conflict with the criteria relating to traditional fair practice and actual likelihood for confusion.“

21. WIPO - 28 June 2005 Alexander Anton

22. WIPO - 28 June 2005 Alexander Anton

23. WIPO - 28 June 2005 Alexander Anton Trademark, GI and Generic

24. WIPO - 28 June 2005 Alexander Anton bilateral agreements CH /... (Emmental) CH – D(1967)generic name CH – TCH(1973)PDO CH – F(1974)generic name CH – SPAIN(1974)generic name CH – POR(1977)PDO CH – HUN(1979)PDO