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The protected designation of origin

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  1. What is a protected designation of origin?
  2. How to obtain a protected designation of origin?
  3. Example of goods having a protected designation of origin.
  4. Cases studies.
    1. The Spanish government.
    2. The Green Bike Corporation.
  5. Conclusion.
  6. Bibliography.

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.

[...] The revenue from such a charge is intended to finance activities for the special advantage of the national products processed or marketed on the national market. The tax is redistributed to the tennis balls producers so they can compete more effectively against foreign producers. So the tax they payed is even more refunded. It is unfair for the competition, because the result of the tax is that foreign producers pay for improving Spanish production. It leads to giving a sizeable advantage to national products. [...]


[...] ( The Commission proposed again the registration of Feta as a PDO which was adopted by means of Regulation 1829/2002: be registered as a protected designation of origin, a traditional name such as ?feta' that is not the name of a region, place or country must refer to an agricultural product or a food from a defined geographical environment with specific natural and human factors capable of conferring on that product or a food its specific characteristics?. According to the Commission, in this case, these requirements were fulfilled, and as a result, the name ?feta' had not become the common name neither generic. [...]


[...] It states that pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a charge having equivalent effect?. And this, even though such pecuniary charge is not levied for the benefit of the State. So this article is about custom duties and charges having equivalent effect as custom duties, which is exactly what our case is about. [...]

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