Unlocking the geographical indications puzzle : navigating legal diversity through objective-driven transposition

Abstract

The European Union safeguards over 3,500 agri-food products within its territory, thanks to a comprehensive legal framework, through geographical indications (hereinafter, GIs), a label guaranteeing the origin and the European production. GIs offer numerous economic, cultural, social, and environmental benefits. However, internationally, the EU faces the misappropriation of many GIs, such as Champagne or Parmigiano Reggiano. Consequently, the EU aims to extend its sui generis protection system beyond the European market and ensure that many geographical indications are protected by its trading partners, to prevent unfair and parasitic competition. The EU is aware that many stakeholders, such as the USA and Australia, refuse to protect geographical indications, and are therefore reluctant to comply with European law. The EU acknowledges that its concept is very European, and little understood by other countries, which is why its goal is not to export its norms but to gain recognition for the protection of its products. Thus, the EU seeks to disseminate its standards without aiming for regulatory convergence since the transposition is objective-driven. Faced with disappointing multilateral instruments, the EU has turned to regional trade agreements and association agreements. However, these agreements are contractual treaties based on compromises between the parties, harmonizing two systems of domestic law that did not initially coincide. Therefore, the EU has developed a strategy for choosing its trading partners. It works with selected partners, with whom it has negotiating leeway to gain recognition for the protection of some of its GIs. GI protection in trade agreements thus stems from different dynamics. Consequently, there is a certain heterogeneity in the protection of European geographical indications on the world stage, resulting from normative transposition, sometimes deliberate, de facto or de jure, and sometimes more incidental. The choice of trading partners depends largely on the degree of legal interaction and integration. The study of the export of European geographical indications provides insight into the interconnections between domestic legal orders, EU law, and regional legal orders, on the global scene. Such a demonstration in the case of geographical indications is necessary, as this is an area where the EU cannot rely on its regulatory power (e.g. the Brussels effect). Indeed, in the case of geographical indications, the EU seeks recognition for a concept that is specific to it, but which lies outside its internal market. Therefore, the study of the interplay between different legal systems is of particular interest.