The Protection of Geographical Indications in the UK after Brexit - The Design of a Sui Generis System

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The withdrawal of the UK from the EU creates great uncertainty for intellectual property right holders in the UK as well as stakeholders from the other 27 Member States. The protection of geographical indications (GIs), such as MELTON MOWBRAY PORK PIE and SCOTCH WHISKY, is a prominent issue. Currently, the other EU Member States can secure GI protection against misuse in the UK by registering a 'protected designation of origin' (PDO) or 'protected geographical indication' (PGI) throughout the EU. Brexit will remove that avenue for protection in the UK. DEFRA and UKIPO have both been considering the issue of designing a domestic regime. There is a pressing need to research, comparatively and systematically, the establishment of national legislative protection for GIs in the UK that is comparable to EU law. The fellowship aims to inform the design of a sui generis GI system for the UK and recommend policy choices on the basis of my doctoral research.The research will mainly explore: (1) the theoretical foundation of GI protection which is empirically grounded in the case of the UK post-Brexit. With regard to other categories of IP rights such as patent, copyright and trade marks, the loss of EU membership will not affect UK national law for some time, but the GI case is different. Without the EU sui generis GI system, there is no equivalent parallel domestic law at present in terms of GI protection; (2) the differences between trade mark law and the sui generis system in regards to GI protection. This will mainly draw on the comparison of certification and collective mark systems and EU GI regulations from the perspective of users and others affected by these regimes. The purpose is twofold: (a) to provide empirical evidence of the practical operation of different regimes, and (b) to explain why the UK needs a sui generis system even though domestic law allows for some GI protection within trade mark law; (3) the preferred models of protection for the main users and the reasons why, in the EU, some, but not all, PDOs/PGIs are also registered as trade marks. It is of significance to explore why this option is adopted or rejected. A case study chosen from main users of dual protection is necessary, such as Consorzio Del Formaggio Parmigiano Reggiano, the registrant of the PDO PARMIGIANO REGGIANO, registered the mark as several figurative marks in the EU trade mark system. PARMA HAM and LUBECKER MARZIPAN, by contrast, are protected throughout the EU as PDOs but are not registered as trade marks: this approach will be explored. In addition, cases of UK GIs, such as MELTON MOWBRAY PORK PIE and STILTON CHEESE will also be examined to explore the needs and expectations of UK producers; (4) the potential challenges of the design of a sui generis GI system in the UK. Is it possible to design the sui generis system in such a way as to avoid conflicts with other existing regimes? Lessons can be drawn from the Chinese legal framework where two models and three registration systems for GI protection exist, with many commonalities between China and the UK in terms of GIs.In addition, the fellowship will offer me a great opportunity to liaise with academic and non-academic audiences in the UK and China in order to understand their knowledge and experience of GI protection. It is of significance not only to the proposed research but also to the interests of the UK in the future. Once the domestic legislation on GIs is done, the next step will be to pursue bilateral or multilateral agreements on GI protection in order to better protect UK GIs in the international market. Therefore, academic communication and discussion is helpful to enhance the cooperation on GI protection between the UK and China.Finally, the fellowship will enhance my research skills and build my academic track record by producing more publishable works, including my PhD thesis and the proposed research.