Geographical Indications for agricultural products and foodstuffs in the EU: to what extent does the protection level match the scope of the subject matter?

2021 ◽  
Vol 11 (3) ◽  
pp. 270-294
Author(s):  
Kim Van der Borght ◽  
Jianmei Gao ◽  
Xiaoting Song
Keyword(s):  
Human Factors ◽  
Subject Matter ◽  
Agricultural Products ◽  
Production Model ◽  
Geographical Indication ◽  
The European Union ◽  
Protection Level ◽  
Protected Designation Of Origin ◽  
The Subject ◽  
The Eu

To recognize an origin-linked production model and the typicity of the products, the European Union (EU) has introduced the Geographical Indication (GI) protection regime. By requiring that relevant production steps must take place in the defined locale, the regime confers exclusive production rights on the local producers. There are two GI categories in the EU. The first is Protected Designation of Origin (PDO), covering products with a qualitative link to both natural and human factors in the designated region. The second is Protected Geographical Indication (PGI), the scope of which overlaps with PDO and covers products that have a qualitative or reputational link with their regional origin. This article examines whether exclusive rights are necessary and appropriate to fulfil their objectives and argues that these rights, when extended to human factors and reputation, cannot always be justified. It is argued that the overlapping scope of the subject matter undermines the ability of these two GI protection categories to provide transparent and trustworthy information for consumers. Finally, this article proposes to redefine the scope of the subject matter and the protection level for PDO and PGI by approaching the product/origin link from a resource utilization, integration and sustainability perspective. *Corresponding author: [email protected]. The research for this article was partially funded by Vrije Universiteit Brussel/China Scholarship Council Joint Scholarship and the National Social Science Fund of China (Grant No. 16 ZDA236).

scholarly journals REGIONAL PRODUCTS AND TRADITIONAL AND ORGANIC FOOD- COEXISTANCE OR COMPETITION?

2019 ◽  
Vol 51 (1) ◽  
pp. 15-20
Author(s):  
Karolina Doba ◽  
Sandra Roszyk ◽  
Wojciech Zmudziński
Keyword(s):  
Food Habits ◽  
Organic Food ◽  
Agricultural Products ◽  
High Price ◽  
Geographical Indication ◽  
The European Union ◽  
Traditional Foods ◽  
Ecological Awareness ◽  
Protected Designation Of Origin ◽  
Main Factor

Globalization leads to modernizing food habits and the substitution of the traditional foods by industrialized foods in the diets of Europeans is constantly growing. The main factor shaping the demand for traditional, regional and ecological food is its availability, price and ecological awareness of the society. Polish consumers are increasingly turning to traditional and organic food, perceiving it as healthier, safer and tastier than commercial industrialized food. In the European Union Protected Designation of Origin, Protected Geographical Indication, Traditional Specialities Guaranteed promote and protect the names of agricultural products and foodstuffs since 1992. The main factor limiting demand for traditional, regional and organic food is its high price, hence the market for these products should be shaped, inter alia, by protecting and promoting products and highlighting their high health and taste values.

Impact of the Lisbon Treaty on Fighting Cybercrime in the EU

2010 ◽  
Vol 11 (3) ◽  
Author(s):  
Marco Gercke
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Lisbon Treaty ◽  
The European Union ◽  
Intergovernmental Cooperation ◽  
The Subject ◽  
The Eu

AbstractDuring the last decade, the European Union has developed several legal instruments addressing relevant aspects of Cybercrime. Cybercrime is in most cases transnational in nature underlining the importance of harmonisation. A solid mandate for the development of legal instruments outside the intergovernmental cooperation was missing. This article first of all provides an overview of approaches so far (II.) as they remain relevant. This highlights the variety of harmonisation approaches and unveils the previous strategies to deal with the subject matter on an EU level. After this the article will point out the changes caused by the successful ratification of theLisbonTreaty and give an outlook on the potential developments in this field (III.).

WSPIERANIE DOCHODÓW PRODUCENTÓW ROLNYCH WOBEC RYZYKA BIZNESOWEGO W ŁAŃCUCHU DOSTAW ŻYWNOŚCI

2021 ◽  
pp. 282-300
Author(s):  
Izabela Lipińska
Keyword(s):  
European Union ◽  
Agricultural Products ◽  
Agricultural Activity ◽  
The European Union ◽  
Business Risk ◽  
Agricultural Producers ◽  
Eu Directive ◽  
Economics Department ◽  
The Subject ◽  
The Eu

The subject of consideration are issues related to the occurrence of business risk in agriculture, which stimulates the acquisition of income by agricultural producers. Its particular determinant in the supply chain of agricultural and food products are unfair trade practices. The aim of the article is to answer the question whether the legal regulations proposed at the European Union and national levels limit the occurrence of business risk in agricultural activity and thus protect agricultural producers against such practices. The European Union legislator recognizes the necessity of protecting both suppliers and purchasers of agricultural products and the legal solutions adopted may, to some extent, contribute to unification of approach in the Member States and serve to protect their addressees, although they are not comprehensive. They allow for * dr hab., prof. UPP, Katedra Prawa i Organizacji Przedsiębiorstw w Agrobiznesie Dr. Sci. in Law, Professor, Poznan University of Life Sciences, Faculty of Economics, Department of Law and Organization of Agribusiness Enterprises the adoption or retention of national rules that go beyond the standards listed in the EU Directive, leaving space for some adaptation to local commercial culture and problems.

scholarly journals Storytelling in applications for the EU quality schemes for agricultural products and foodstuffs: place, origin and tradition

2020 ◽  
Vol 18 (2) ◽  
pp. e0105
Author(s):  
Enric Castelló
Keyword(s):  
Qualitative Data ◽  
Social Issues ◽  
Geographical Area ◽  
Time History ◽  
Agricultural Products ◽  
Geographical Indication ◽  
Protected Designation Of Origin ◽  
Special Character ◽  
Guidelines And Recommendations ◽  
The Eu

Aim of study: How are successful applications for quality labels for food and agricultural products written? This research aims to answer this question through the study of the applications for three quality labels within the EU Scheme for Agricultural and Foodstuffs: Protected Designation of Origin (PDO), Protected Geographical Indication (PGI) and Traditional Speciality Guaranteed (TSG). The research focuses in determining the topics and narratives that describe the link with the geographical area for the two former and the traditional  character for the latter.Area of study: Europe.Material and methods: Using a Qualitative Data Analysis, the research analyses 132 products registered on the scheme between January 2016 and April 2019. The researcher categorized a total of 1,724 excerpts and studied the sections on the link with the geographical area for PDOs and PGIs, and the key elements establishing the product’s traditional character for TSGs.Main results: Main results offer quantitative and qualitative outputs. They indicate that cultural and social issues make up the half of the story arguing about the products, and natural, space/place and time/history make up the second half in proportions that depend on the type of scheme. Topic and storytelling analyses revealed particular understandings of place, origins and traditions in narratives developing on agriculture, history and knowledge transference between generations. The applicants used socio-economic particularities, regional history, and environmental uniqueness to justify the special character of products.Research highlights: The results give practitioners, policymakers and institutions guidelines and recommendations about how to structure and write their applications for quality labels for food and agricultural products.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The present and future competence of the European Union in the Arctic

Polar Record ◽  
2011 ◽  
Vol 48 (4) ◽  
pp. 361-371 ◽  
Author(s):  
Timo Koivurova ◽  
Kai Kokko ◽  
Sebastien Duyck ◽  
Nikolas Sellheim ◽  
Adam Stepien
Keyword(s):  
International Negotiations ◽  
The Arctic ◽  
The European Union ◽  
Crucial Importance ◽  
Arctic Council ◽  
The Third ◽  
Broad Array ◽  
The Subject ◽  
Arctic Policy ◽  
The Eu

ABSTRACTThe European Union's (EU's) intention of becoming a permanent observer in the Arctic Council and the reluctance of Arctic actors to grant it that status have made the union's aspirations in the Arctic the subject of a continuing debate. The discussion appears to be dominated by geographical considerations and the EU's gradually emerging Arctic policy. This article puts forward a different view of the EU's presence in the region, one drawing on an analysis of relevant EU competences. As a complex international actor, the EU has acquired a broad array of decision-making powers from its member states, powers that partly extend to Iceland and Norway via the EEA Agreement. Moreover, the EU has in many cases become a relevant actor in international negotiations and treaty making processes the outcomes of which are of crucial importance for the governance of the Arctic. Our argument in the third and concluding section is that only by including the EU in Arctic governance can the international community provide better prospects for the union to sensitise its policies and discourses to the Arctic realities and for other Arctic actors to understand how the union functions. This argument is supported by an analysis of the EU's restrictions on the import of seal products and the ensuing litigation.

scholarly journals Economic prospects for cooperation the European Union and Ukraine in the use of blockchain technologies

2020 ◽  
Keyword(s):  
European Union ◽  
Economic Benefits ◽  
Competitive Advantages ◽  
The European Union ◽  
Labor Costs ◽  
Traditional Management ◽  
Enterprise Technology ◽  
General Scientific ◽  
The Subject ◽  
The Eu

The article is devoted to the research of the possibilities of cooperation between the European Union (EU) and Ukraine in the use of blockchain technologies. The transition to the blockchain allows to minimise costs and maximise the results of economic activity. The experience of using blockchain technologies by world corporations is analysed. The subject of the research in the article is the potential of economic cooperation between the EU and Ukraine in the field of implementation and use of blockchain technologies. The purpose of the article is to find out the economic prospects of cooperation between the EU and Ukraine in the use of blockchain technologies. Tasks: researching of tendencies of development of blockchain technologies and possible variants of their implantation in activity of the Ukraine’s enterprises, searching for benefits from cooperation between Ukraine and the EU in the field of use of blockchain technologies. General scientific used research methods: analysis – to determine the peculiarities of the use of blockchain technologies in the EU, synthesis – to find opportunities for cooperation between Ukraine and the EU in the use of blockchain technologies. The obtained results: based on the analysis of the dynamics of changes in the field of enterprise technology, problematic aspects are identified and the main advantages of the transition from the traditional management model to blockchain platforms are identified, and the economic benefits of locating mining farms in Ukraine compared to some EU countries are calculated. Conclusions: using of blockchain technologies by modern enterprises gives them a number of competitive advantages, including saving on labor costs, increased information security, reduced costs for quality control of products/services, etc. Blockchain allows to promote more sustainable cooperation between EU and Ukrainian companies not only in trade, but also in industry, finance and energy. By implementing joint blockchain systems with the EU, Ukraine can provide mining with low costs for electricity and wages.

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