Brexit and UK’s Geographical Indicators – What will it mean for both the Cornish pasty and for Champagne?

By David Stewart

18 September 2018

The humble Cornish pasty is in the spotlight as a consequence of Brexit negotiations. The reason for this is because a “Cornish pasty” is a geographical indicator (GI).

A GI is an indication that a product has a specific place of origin, and, further, it is made to a particular standard consequential upon that origin, such as ingredients, manufacturing process, climate and soil quality, and so on. In the EU, “PGI” stands for Protected Geographical Indication, and Cornish pasty is a PGI. PGI status is granted by a European Union legal framework that gives legal protection to the name “Cornish Pasty” and stops inferior products being passed off as genuine Cornish pasties.

There are 86 UK PGIs, which includes Melton Mowbray pork pies, Cumberland sausages, Jersey royal potatoes, Plymouth gin, Grimsby smoked haddock, and fourteen PGIs for various types of Scotch whisky. Continental EU PGIs include, most famously, Champagne, fetta, Münchener Bier, Roquefort cheese, Cognac, Coppa di Parma ham, Tuscan olives, and over 1400 others.

There is a presently much contention about this aspect of Brexit. On 12 July 2018, the UK government released a white paper regarding Brexit, and it includes the following statement:

“[A] new UK framework will go beyond the requirements of TRIPS, and will provide a clear and simple set of rules on GIs, and continuous protection for UK GIs in the UK. The scheme will be open to new applications, from both UK and non-UK applicants, from the day it enters into force.”

A new post-Brexit legislative framework would mean that all of the EU’s PGIs would need to go through the process of being assessed as GIs under the new UK law – an enormous exercise, and an existential threat to European food producers if the UK is suddenly flooded with, for example, British-made “Champagne” (the shared Kimmeridgian chalk ridge under the Champagne region and the south-west of England makes this very viable from a quality perspective).

Presently, the UK government is silent on whether or not EU PGIs would receive automatic protection within the UK, post-Brexit. We foresee that this will be an enormous issue in the forthcoming months within Brexit negotiations.

In Australia, a 2015 paper issued by the Rural industries Research and Development Corporation entitled “Provenance of Australian food products: is there a place for Geographical Indications?” concluded that:

“In the case of high-value goods aimed at discerning consumers, either through direct sales, or through broader distribution channels, the option of GI registration may well be beneficial. Thus Tasmanian whisky producers might benefit from the advantage of having uniform and mandatory regulation as to what can legitimately be referred to as Tasmanian whisky. Mareeba mango growers might benefit from delineating precisely the circumference of Mareeba, and from taking advantage of the established reputation of their mangos in China more effectively. Beef producers on the Atherton Tablelands could benefit from specifying the exact boundaries of the natural grasslands that survive on high rainfall and volcanic soil.”

But, setting aside King Island dairy and the Tamar Valley in Tasmania, Australian businesses has been very slow to adapt GIs for foods, spirits, and so on, other than wine.

Disclaimer: The information published in this article is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.