Protection of regional products
Do you produce or process a regional product? You can apply for European protection against copying or misuse. This way you can protect your product from vendors who wrongfully sell the same type of product, under the same product name, or by stating it is made in the same manner.
What is a regional product?
Regional products are special agricultural products or food products that are characteristic of a certain region. Regional products have unique flavours, traditions, and craft processes. Examples of Dutch regional products are:
- Westlandse Druif and Gouda Holland (from a specific region)
- Basterd sugar and suikerstroop (made in a traditional way)
- Jenever (a spirit drink distilled in a specific region)
How can you protect a regional product?
You can protect your regional product in the EU with 4 types of protection:
- Protected Designation of Origin (PDO, Beschermde Oorsprongsbenaming BOB) for products originating from a specific location and produced in that location
- Protected Geographical Indication (PGI, Beschermde Geografische Aanduiding BGA) to show a product’s links to a specific place known for its special qualities, techniques, or reputation. This includes Geographical Indication of spirit drinks (GI) to show a spirit drink’s distillation or preparation (at least 1 stage) takes place in a specific location
- Traditional Speciality Guaranteed (TSG,Gegarandeerde Traditionele Specialiteit GTS) highlighting a products’ traditional characteristics, such as production method or ingredients, not linked to a particular location
- GIs for craft and industrial products (CIGIs, bescherming van geografische aanduidingen voor ambachtelijke en industriële producten CIGIR) for products from a specific geographical region that has product characteristics thanks to that origin, and at least 1 part of the production process takes place in the region of origin
With 1 of these EU quality schemes, you can protect your product against counterfeiting throughout the EU. Your product will have an EU symbol which shows that your product is traditional and authentic. The protection also ensures that your product cannot be claimed as a trademark.
Applying for protection for a regional product
You can apply for protection for most agricultural products, food and spirits. You apply alone or together with other producers for registration to the Netherlands Enterprise Agency (RVO, in Dutch). To do so, you must make a product specification (productdossier) containing information on the production method, product composition, and geographical origin of your product. First you send an email to RVO at: info.geografischeaanduidingen@rvo.nl containing your contact details and the product you want to apply for. They will then contact you with more information on the product dossier and the application process.
If you want to apply for a PDO or PGI, you must also make a Sole document (enig document, summary of the product specification).
If your application and product specifications meet the requirements, the European Commission will register your product in the eAmbrosia register. Your product is then protected in the EU.
If you wish to protect craft and industrial products, you may have to apply nationally first. In some situations you can apply directly to the European Union Intellectual Property Office (EUIPO). It depends on the origin of the product which application procedure you should follow. Does your product meet the requirements? Then it will be listed in the Union register of GIs for craft and industrial products (GIview).
You produce a regional product that is already registered
Is the product that you produce already registered and protected? Then you can request to join the already existing product dossier of this registered protection. You can find the product dossiers in the eAmbrosia register. After approval, you may market your product if you fall within the geographical area and your product meets specifications listed in the product dossier.