The protected designation of origin

Résumé du document

The concepts of free movement of goods and competition are enshrined in European Union law. However, it is possible to seek to obtain a "protected designation of origin" (PDO) for certain goods. Once obtained the PDO does indeed protect the specified goods from elements of competition. A "Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Speciality Guaranteed (TSG) are geographical indications defined in European Union Law to protect the names of regional foods. The law ensures that only products genuinely originating in that region are allowed in commerce as such. The legislation came into force in 1992. The purpose of the law is to protect the reputation of the regional foods and eliminate the unfair competition and misleading of consumers by non-genuine products, which may be of inferior quality or of different flavor". Briefly, this European Community Certification covers the term used to describe high-quality European foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how.

Extraits

[...] Once it gets marketshares, it can keep them. Green Bike Corporation aims at pushing out Danrad, its main competitor, so it doesn't take any of its marketshares on these two countries. This is an illegal method prohibited first by the GATT in 1992 and then by the European Union in 1996. DanRad considers this as a dumping measure. Dumping refers to two forbidden commercial practices. The first one is to sell a product at an inferior price compared to the factory price, aiming at eliminating competition. [...]

[...] Any distributors that have also sold DanRad products have had supplies of Green Bikes withheld and spare parts have suddenly not been delivered to them either. The Green Bike Corporation is in a strong market position in many parts of the world and parts of the EEA. This case deals with an Australian company selling electrical motors bicycles all over the world. But the company has its specific ways of managing its sales. First, the company is selling its products at a loss in two countries : Denmark and Netherlands. They are able to do so thanks to the big profits they make everywhere else. [...]

[...] Not only it uses incentives to influence its distributors not to sell Danrad's products but it also pressurizes them by employing other methods such as not delivering spare parts to them, so they become sometimes in delicate situations face to their customers. With these dishonest methods, Green Bike Corporation is trying to deseat Danrad in both countries. The company is abusing of its dominant position to avoid any competition. The law concerning competition policy and abuse of a dominant position are ruled by the articles 81 and 82. [...]

[...] Then a ministerial order established and protected the denomination of origin of Feta in Greece in 1994. That same year Greece also requested registration of Feta as a PDO. ( To obtain the necessary data needed for a possible registration of the name "feta" as a protected designation of origin "PDO"or on the contrary, to include this product in the list of generic names, as demanded by a majority of other Member States, the European Commission carried out a Eurobarometer survey, questioning 12,800 personns living in the twelve member States constituting the European Community then. [...]

[...] Among them were for France; 123 for Italy; 85 for Portugal; 81 for Greece; 68 for Spain; 63 for Germany and 26 for Great Britain. Most of them concerned cheese fruits, vegetables and cereal fresh meat(90); olive oil meat product natural mineral water and beer (15). How to obtain a Protected Designation of Origin? First of all, the products elligible must form a part of the list above and comply with the product specifications. Then, it must have an old tradition and strong ties with its area of origin. [...]