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UK plans for independent GI scheme in ‘no deal’ Brexit

The UK will introduce its own geographical indication (PGI) and protected designation of origin (PDO) schemes in event of no-deal Brexit, a government guidance note has revealed.

In a guidance note published earlier this week, Defra said the independent scheme would “broadly mirror the current EU regime and be no more burdensome to producers”, it said.

Protections will be similar to those currently enjoyed by UK GI producers, with all 86 given new UK GI status automatically.

However the UK would no longer be required to recognise EU GI status, thought EU producers would be able to apply for UK GI status. 

The note also allayed concerns over “all-island” Irish-made products: “After March 2019, irrespective of the outcome of negotiations, Irish Whiskey, Irish Cream and Irish Poteen, which are GIs that can be produced anywhere on the island of Ireland, will continue to be fully protected in the EU as well as the UK.”

The government said it expected to introduce a new UK logo for GI products to replace the EU logo, “whether or not we leave the EU with a withdrawal agreement”, and also plans to publish guidance on a new domestic scheme in early 2019, with a consultation to discuss a UK GI logo and appeals process.

There are currently 86 GI-protected UK food and drink products, and include Scotch whisky, Irish whiskey, Darnibole wine (Camel Valley), English wine, ciders and beers.

After we leave the EU, we anticipate that all current UK GIs will continue to be protected by the EU’s GI schemes,” the guidance states. “If this is not the case, UK producers wishing to regain the protection offered by EU GI status, and the right to use the EU GI logo, would need to submit their applications to the European Commission as ‘third country’ producers. The application process would be similar to that used by EU countries, with the additional need to show that the GI was protected in the UK. The UK Government would provide support and guidance for this process.

“Alternatively, or in addition, producers might consider protecting their products by applying for EU Collective Marks or EU Certification Marks. These are granted by the EU Intellectual Property Office, either directly or through the World International Property Organisation (Madrid system), and can be applied for individually or collectively.”

Regardless, Defra said a scenario in which the UK leaves the EU without agreement (a ‘no deal’ scenario) “remains unlikely” given the mutual interests of the UK and the EU in securing a negotiated outcome.

“However, it’s our duty as a responsible government to prepare for all eventualities, including ‘no deal’, until we can be certain of the outcome of those negotiations.”

The UK is scheduled to leave the EU in March 2019.

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