brandannual 2019

Lansky, Ganzger + partner
Finance & IP
Foto: istockphoto.com
Spain" is an almost exhaustive list. Here the exclusive
rights are secured with particularly great effort
without gaps. Other international destination brands
are "NEW ZEALAND. SIMPLY REMARKABLE." or
"Big Happens Here" in New York.
However, the trademark protection of simple designations
of origin, such as "Vienna" or "Linz", is usually
not possible. The reason for this is the need to
keep descriptive indications of goods and services
– and thus also geographical indications – available
to the general public. It is therefore not possible, for
example, to protect terms such as "coke" or "Viennese
beer". In Austria, by the way, an amendment
will make designations of origin and geographical
indications absolute grounds for refusal this year.
Anyone may, after the entry into force of this directive,
obtain cancellation of trademarks containing
such elements. Many regions therefore register creative
logos or slogans as brands.
However, since the need for the protection of designations
of origin against imitations became very
great, there have been regulations on this subject at
European level since 1992. The Database of Origin
and Registration (DOOR) is now available on the
website of the European Commission. This is a database
containing all food products with protected
designations produced in the EU. There are three
types of protection under this initiative: Protected
Geographical Indication (PGI) – where it is sufficient
if one of the stages of production, such as production,
processing or manufacturing, takes place
in the area of origin; Traditional Speciality Guaranteed
(TSG) – protection of the name of a product
derived from traditional raw materials, composition
or production methods; and Protected Designation
of Origin (PDO) – where the production, processing
and manufacturing of a product takes place in the
geographical area in accordance with a recognised
and established method. There are 20 registrations
from Austria, including Tiroler Speck, Steirisches
Kürbiskernöl, Wachauer Marille and Heumilch. By
the way, Italy currently has over 330 entries – Parmigiano
Reggiano is a prominent example here.
Conclusion: Competition between states and
regions in their quest for recall and recognition has
led to more and more representations, terms and
products being protected at state, European and
international levels. The goal is uniqueness and the
safeguarding of the existing unique selling points.
Everyone can benefit from this: when buying pumpkin
seed oil from Styria, it is not necessary to check
the actual place of production. The recognition value
of countries and regions brings tourists and a positive
economic impact for the region.
Foto: K.K.
Dr. Oliver Peschel
is an associate at Lansky,
Ganzger + partner in
the litigation and
IP/IT department.
The Business and Investment Magazine brandannual 89