Gene is a graduate of Michigan State University, with a degree in packaging engineering. He was born in Denmark, worked as a machinist at Maersk Line and as a machine designer for the ice cream and dairy industry at Gram Equipment. That presented an opportunity to work in the United States for a small packaging company in Michigan that manufactured high speed equipment for various industries.
It is also prohibited to combine the indication with words such as "style", "type", "imitation", or "method" in connection with the protected indications, or to do anything which might imply that the product meets the specifications, such as using distinctive packaging associated with the protected product.
Within the European Unionenforcement measures vary: Outside Europe, the protection of PGS products usually require bilateral agreements between the EU and the importing countries, while protected indications may not always supersede other intellectual property rights such as trademarks.
On 15 Novemberthe European Court of Auditors presented its report Do the design and management of the Geographical Indications Scheme allow it to be effective?
Objectives of the protection[ edit ] The preambles to the regulations cite consumer demand for quality foodstuffs, and identify a number of goals for the protection regimes: The provision of a recompense for efforts to improve quality and the need for consumer protection are often cited as justifications for trade mark protection in other domains, and geographical indications operate in a similar manner to trademarks.
General regime[ edit ] The general regime governs the use of protected designations of origin PDO and protected geographical indications PGI for food and certain other agricultural products.
There are separate regimes for spirits and for aromatised drinks geographical designations as well as for wines geographical indications, often referred to as appellations. The origin of the product is only one of the criteria for use of the protected terms: The label " Traditional Specialities Guaranteed " TSG is a similar protected term which does not impose any restrictions on the geographical origin of the product.
The protection of geographical indications was extended to foodstuffs and other agricultural products in The requirement for a PGI are slightly less strict; a good reputation of a product from a given region is sufficient rather than objectively different characteristics if any of the steps of production, processing and preparation may take place within the region.
Otherwise the protection afforded by the two terms is equivalent. It is judged by the Member State against the criteria in the Regulation and, if found to be acceptable, forwarded to the European Commission for final approval. Applications are published at both the national and Community stages of examination, and third parties can object to proposed PDOs or PGIs which they feel would harm their business.
A recurrent objection is that the proposed denomination is a generic term for the product in question: Description of the regimes[ edit ] Protected designation of origin PDO [ edit ] Protected designation of origin logo The Protected designation of origin is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a designation for an agricultural product or a foodstuff, which comes from such an area, place or country, whose quality or properties are significantly or exclusively determined by the geographical environment, including natural and human factors, whose production, processing and preparation takes place within the determined geographical area.
In other words, to receive the PDO status, the entire product must be traditionally and entirely manufactured prepared, processed and produced within the specific region and thus acquire unique properties. Protected geographical indication PGI [ edit ] Protected geographical indication logo The Protected geographical indication is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a description of an agricultural product or a foodstuff, which comes from such an area, place or country, which has a specific quality, goodwill or other characteristic property, attributable to its geographical origin, at least one of the stages of production, processing or preparation takes place in the area.
Traditional specialities guaranteed TSG [ edit ] Traditional specialities guaranteed logo The TSG quality scheme aims to provide a protection regime for traditional food products of specific character. Differing from PDO and PGI, this quality scheme does not certify that the protected food product has a link to specific geographical area.
To qualify for a TSG a food must be of "specific character" and either its raw materials, production method or processing must be "traditional". For a food name to be registrable under the TSG scheme it must a have been traditionally used to refer to the specific product; or b identify the traditional character or specific character of the product.
A TSG creates an exclusive right over the registered product name. Accordingly, the registered product name can be used by only those producers who conform to the registered production method and product specifications. Thus, TSG food denominations are registered trade signs with a distinctive function.
Indications which serve exclusively to identify the place of origin of goods are not registrable as trademarks under Art. Hence the Polish geographical designation "Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass" Polish: Wines[ edit ] European Union rules governing the production of wine "the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must " are considerably longer than Community trade mark law: To be considered as a "quality wine", the wine must come from a specified region and be associated with a "geographical indication" or appellation: Wines which do not meet this requirement may only be marketed as table wine.
There has been little harmonisation of national provisions within the European Union.Chopra Kellogg School of Management Northwestern University Case Study: Specialty Packaging Corporation, Part B Chapter 9 Sales and Operations Planning.
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