Geographical Indications Law in Netherlands
Here’s a detailed overview of Geographical Indications (GI) law in the Netherlands:
🇳🇱 1. Legal Framework
The Netherlands, as a member of the European Union (EU), follows the EU Geographical Indications system.
GI protection is governed primarily by EU Regulations:
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs.
This regulation covers Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), and Traditional Specialities Guaranteed (TSG).
The Netherlands implements these regulations through its national laws and enforces them via Dutch authorities.
2. Types of GI Protection in the EU / Netherlands
Protected Designation of Origin (PDO)
→ Products must be produced, processed, and prepared in a specific geographical area, using recognized know-how.
Protected Geographical Indication (PGI)
→ At least one of the stages of production, processing, or preparation takes place in the area.
Traditional Specialities Guaranteed (TSG)
→ Focuses on traditional composition or production methods, without a link to a specific area.
3. Registration Process
Applications for GI protection are submitted to the European Commission.
The Commission examines the application and consults Member States, including the Netherlands.
Once approved at the EU level, the GI is protected in all EU member states, including the Netherlands.
4. Enforcement and Remedies
Unauthorized use of protected GIs is prohibited under EU and Dutch law.
Enforcement can be pursued via:
Civil courts
Customs authorities (to prevent import/export of counterfeit goods)
Administrative sanctions
Remedies include injunctions, damages, and fines.
5. Examples of Dutch GIs
Gouda cheese (PDO)
Edam cheese (PGI)
Hollandse Nieuwe Haring (Traditional Specialty)
Various regional agricultural and food products.
6. International Agreements
The Netherlands adheres to the TRIPS Agreement through the EU.
The EU has bilateral GI agreements with many countries.
The Lisbon Agreement for Appellations of Origin is also relevant, but the EU system primarily operates under its own regulations.
Summary Table
| Aspect | Status in the Netherlands (EU) |
|---|---|
| Legal Framework | EU Regulations (No 1151/2012) |
| Types of Protection | PDO, PGI, TSG |
| Registration Authority | European Commission |
| Enforcement | Civil courts, customs, administrative sanctions |
| Examples of GIs | Gouda cheese (PDO), Edam cheese (PGI) |
| International Agreements | TRIPS via EU, Lisbon Agreement relevance |
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