Saturday, 19 January 2019

Whats in a Name ?

It sounds like a new trade agreement between Australia and the EU is getting bogged down in a fight over the use of the names commonly used to describe food types - and their origin in certain European countries.  This follows an earlier agreement that the word " Champagne " can only be used on the label of wine produced in the traditional wine growing areas of France where this originated. Foreign wine that have the bubbly character and taste of champagne must either find a new description or be labelled " Champagne like ".

In particular, this new claim relates to both our wine industries and to the marvellous variety of Australian made cheese which we consume locally  and export to the world.  Descriptions such as Moscato, Feta, Parmesan, Mozzarella, Pecorino, Gruyere and Roquefort are claimed by various localities in Greece and Italy.

It can be argued that the origin of these food types was derived so long ago that they have passed into the generic of common world language.  In many instances, what is on the shelves today is different from the original because it has been adapted by local manufacturers to cater for changed tastes.  All these product names would be more than a century old and many would date back many centuries.

This claim opens the door to a very wide area of name protection.   There is hardly an item in common use that was not first developed and used in some other part of the world and been absorbed into the vocabulary.  This move to claim name protection sounds suspiciously like a tactical move to disadvantage competitors  and steal a branded share of world markets.   It would change what is now generic into the product of a small group of manufacturers.

It also runs contrary to commercial practice.  When something new is developed it is usual to apply for a patent and if granted that patent prevents competitors copying that product - and usually that is for a term of twenty years.  It is generally contended that when the patent expires the world is free to make use of what has been patented without further hindrance.   It seems some localities are demanding that such a patent like protection  on their product exists for eternity.

Where we have branded cheeses with a popular taste we have wisely used their geographic location moulded into the description - hence Bega Cheese and King Island  Dairy products.  In this way the use of a generic product name has been avoided.

This trade agreement being negotiated is due to come into practice in 2021.  It is hoped that this attempt to turn back the clock will be successfully resisted.  It is simply too late to adopt a restrictive manufacturing label to what have become the synonymous descriptions of food that is manufactured in a variety of countries.

It should be a matter of pride that such products now have world wide recognition.

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