Geographical Indications Law in United Kingdom

31 May 2025 --
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Geographical Indications (GIs) Law in the United Kingdom

🇬🇧 Legal Framework

Following Brexit, the United Kingdom established its own Geographical Indication (GI) schemes to protect the names of food, drink, and agricultural products that have qualities or characteristics attributable to their specific geographical origin. These schemes are managed by the Department for Environment, Food & Rural Affairs (DEFRA) and are separate from the European Union's GI system.(Birketts, Business Wales)

The UK GI system includes three primary designations:(www.hoganlovells.com)

Protected Designation of Origin (PDO): Products must be produced, processed, and prepared in the specific area using traditional methods.(foodanddrink.scot)

Protected Geographical Indication (PGI): At least one stage of production, processing, or preparation must occur in the specific area.(foodanddrink.scot)

Traditional Speciality Guaranteed (TSG): Products must be traditional and have a name used for at least 30 years, but need not be tied to a specific geographical area.(foodanddrink.scot)

These designations are similar to those previously used under EU law, ensuring continuity and protection for UK products.(www.hoganlovells.com)

🛡️ Registration Process

To register a product under the UK GI schemes, producers must submit:(Business Wales)

Product Specification: Detailed information about the product, including its characteristics, production methods, and geographical origin.

Supporting Evidence: Documentation proving the link between the product and its geographical origin.

Public Consultation: Once submitted, the application is published for public consultation, allowing third parties to raise objections.

The application process typically takes around 24 months and involves a thorough examination by DEFRA.(foodanddrink.scot)

🏅 Enforcement and Penalties

The UK GI schemes are enforced through inspections and compliance checks. Producers must adhere to the specifications outlined in their registration. Non-compliance can result in:(Biswajit Sarkar, GOV.UK)

Compliance Notices: Issued to inform producers of any breaches and required corrective actions.

Non-Compliance Penalties: Failure to comply with notices can lead to penalties of up to £40,000.(GOV.UK)

Legal Action: Serious breaches may result in prosecution and criminal convictions.

These measures ensure the integrity of GI products and protect consumers from misleading claims.

🌍 International Recognition

The UK has agreements with several countries to protect its GI products abroad. For instance, in Japan, traditional Scottish foods such as Arbroath smokies and Stornoway black pudding have received protected status to prevent imitation. This agreement safeguards 37 UK food and drink products, including Scotch beef and Scotch lamb, in the Japanese market.(The Times)

These international protections help UK producers expand their reach and ensure that consumers worldwide receive authentic products.

📊 Summary Table

Aspect

Details

Legal Framework

Managed by DEFRA; separate from EU system

GI Designations

PDO, PGI, TSG

Registration Process

Submission of product specification and supporting evidence; public consultation

Enforcement

Inspections, compliance notices, penalties up to £40,000