Saturday, 20 February 2021

"A Separate Welsh Legal Jurisdiction"

King Hywel the Good, the Codifier of Welsh Law








 













On 17 Feb 2021, I attended a webinar organized by Rights, Liberty and Justice (the Liberal Democrat Lawyers Associaton) on the topic of "A Separate Welsh Legal Jurisdiction".  The speaker was Mr Elfyn Llwyd who had been MP for Dwyfor Meirionnydd until 2015 and leader of Plaid Cymru in the House of Commons. He was chair of the Independence Commission which published Towards an Independent Wales in September 2020.

Almost the first recommendation of the report is a separate court system for Wales on the lines of the arrangements in Scotland and Northern Ireland:
"Wales must have a separate Welsh jurisdiction. Independence is not a prerequisite for this, but the general reservation to Westminster of powers relating to the single England and Wales jurisdiction needs to be removed. The recommendations of the Commission on Justice for Wales should be implemented by a Plaid Cymru Government."

The recommendation to which the Independence Commission refers is the report Justice in Wales for the People in Wales which was published in October 2019.

Before I discuss those reports I should declare an interest.  I am a barrister of the Bar of England and Wales specializing in intellectual property and technology law. I market my services to businesses throughout the United Kingdom and beyond including. in particular, startups and small and medium enterprises in Northwest Wales.  I, therefore, have an interest in ensuring that businesses in that region can access first-rate professional and financial services in any constitutional settlement.  Broader questions such as whether Wales should remain in a union with England, Scotland and Northern Ireland or secede from it are matters for Wales's residents and no one else.  As I do not live in Wales I shall abstain from that part of the debate.

The principal argument of both the Commission for Justice in Wales and the Independence Commission is that the Senedd (the Welsh devolved legislature) enacts primary legislation for Wales.  Gradually but surely the laws in Wales are diverging from the laws in England.  If they are to be enforced justly they must be construed by a judiciary that understands the context in which they were made and the legislative intent.  It may be possible for judges who live outside a jurisdiction to apply its local legislation as the Privy Council has done for centuries, but it is not convenient.  That is one of the reasons is why more and more Commonwealth countries have abolished the right of appeal to London.  As the divergence continues it is certainly in the interests of Wales and probably also in the interests of England for a separate system of courts to be established in Wales. Both unionists and nationalists can agree on that point.

Should that happen the courts of Wales will have to hear intellectual property cases.  Most of the intellectual property cases falling within para 16.1 of the Part 63 Practice Direction can be issued out of and proceed in Caernarfon, Cardiff and Mold pursuant to CPR 63.13 and para 16.2 of the Part 63 Practice Direction.  Those involving patents, registered designs, plant varieties and chip topographies must be issued out of the Patents Court or the Intellectual Property Enterprise Court ("IPEC") in London by reason of CPR 63.2.  Caernarfon and Mold do not have jurisdiction to hear trade mark cases because of para 16.3.  A software developer in Anglesey or Gwynedd that needs to restrain an infringement of copyright in its source code could seek an injunction in Caernarfon or Mold but a fashion designer from those regions would have to travel to Cardiff, Liverpool or London to obtain an injunction to restrain the infringement of her trade mark.  If the designer's registered design were infringed, she would have to go to London.

The journey across the Cambrian mountains is a delightful one as I discovered just before lockdown when my clerk booked me into a conference with a solicitor in Colwyn Bay and a hearing in the Trade Marks Registry the next day "on the basis that they are both in Wales and they don't look so far apart on the map."  The problem is that there is no motorway or dual carriageway between Gogledd and De with the consequence that a journey between the northern and southern coasts of the Welsh peninsula takes all day.  Train services are no better.   According to Trainiine, it takes 4 hours and 16 minutes to make that journey not to mention a 20-minute taxi ride to the Intellectual Property Office which is on the outskirts of the town. A rail journey from Bangor to Cardiff where the Business and Property Courts are located would take more than 5 hours.  By contrast, the trip to Liverpool takes 2 hours and London 3 hours 20.

I pointed that out to Mt Llwyd in the Q & A and he agreed with me.  Resources in Wales are lopsided with specialist courts, law firms and patent and trade mark agencies concentrated in Cardiff and Newport but not much else in the rest of the country.   At present, businesses in the North and Centre can travel conveniently to England for specialist services.  A trip to Cardiff would be far more time-consuming and expensive. The solution, I suggested, would be to upgrade Caernarfon into a Business and Property Court and establish new Business and Property Courts in Aberystwyth and the Southwest.

A commercial jurisdiction can be a stimulus to the economic development of a region as The Commission for Justice in Wales acknowledged at page 371 of their report.  Many years ago the government of the day had the bright idea of abolishing the chancery jurisdiction of the North of England.  Peter Keenan of Bridge Street Chambers in Manchester mobilized the legal and business communities in the North of England to oppose the idea.  Submissions were made to Sir Tom Legg to which I contributed the economic argument. I contended that a commercial jurisdiction in Manchester, Liverpool and Leeds would attract all sorts of professionals and not just lawyers to those cities. They could provide all sorts of financial, cultural and other services to businesses. Sir Tom listened and arranged for a High Court Judge to sit permanently in the North for at least half a term as an experiment.  The experiment was successful and similar arrangements were made for Birmingham, Bristol and Cardiff. In many ways, it was the foundation of the Northern Powerhouse and the Midlands Engine.

Exactly the same arguments can be made for the regions of Wales.   If that country is to develop in a balanced way with important business and cultural centres in each region a separate Welsh jurisdiction has to be accessible from every corner of the land.  Any legislation that the Senedd or the UK Parliament enacts must provide for properly resourced Business and Property Courts with full intellectual property jurisdiction in the North, Centre and Southwest of Wales as well as the Southeast.

Anyone wishing to discuss this article may call me on 020 7404 5252 or send me a message through my contact form.

Thursday, 11 February 2021

Copyright Licensing

Menai Science Park
© 2018 Jane Elizabeth Lambert (all rights reserved)

 







Jane Lambert

On 9 Feb 2021, I was the guest of the Menai Science Park's Enterprise Hub.  I had been invited to give a talk entitled "What every Business in Wales should know about Intellectual Property" which I had previewed in my article of 7 Jan 2021.  I had prepared some slides on the topic which I posted to Slideshare this morning.

Considering that we started the talk at 17:45 we had a good turnout.  Our group would have been a very tight fit had we met in the M-SParc boardroom though there were not enough of us to have filled the training room. It was, therefore, the ideal size for a two-way discussion.  I used the first few slides to start the discussion.  Before long the questions came rolling in.

One of the most interesting questions was about licensing.  An artist told me that she was familiar with the Creative Commons scheme but she really wanted to earn some money from her work.  She asked whether there were any schemes like Creative Commons that generated revenue.  I told her that there were indeed associations of copyright owners that licensed their work on standard terms and distributed the royalties or licence fees to their members.  She could check out some of them but if none of them suited her she could instruct a lawyer to draw up a licence agreement.  

In either case, I stressed the advantage of inserting a copyright notice on her work or its mounting or container to put third parties on notice that copyright subsisted in the work and that she owned that copyright.   This consisted of the word "copyright", an abbreviation or the "©" symbol, the year in which it was created and the name of the copyright owner.  For example, I took the photo of M-SParc that appears at the topic of this article when I attended the Anglesey Business Festival in October 2018.  It will be seen that I have inserted the symbol, year and my name.

Associations of copyright owners that license the use of their work on standard terms are called "collecting societies".  Most people will have heard of the Performing Rights Society ("PRS")  and the Mechanical Copyright Protection Society ("MCPS").  They may have seen their decals "PRS for music" in pubs, cafés and gyms.  They draw up terms for the licensing of their members' works and visit premises that are likely to need their licences to collect the appropriate fees and royalties. Businesses that fail to cooperate may be sued.   They instruct specialist solicitors and counsel and nearly always win their claims.

Although the PRS and MCPS are probably the best-known collecting societies, other societies exist for other copyrights and related rights.  Wikipedia maintains a List of Copyright Collecting Societies from most parts of the world including the United Kingdom.  Freelance writers, for example, might wish to check out The Authors Licensing and Collecting Society ("ALCS").   Artists may want to contact the Artists' Collecting Society ("ACS").   Although it is not strictly a collecting society, designers should be aware of ACID (Anti Copyright in Design) who protect designers and makers against unauthorized copying and dealings with their designs.

Many of these organizations have reciprocal arrangements with foreign collecting societies.   They can help to protect IP owners' works and revenue not just in the UK but in many other markets around the world.

Although collecting societies and similar organizations are great for authors and designers they are not necessarily good for consumers and other users because they create monopolies and impose conditions that some consider to be unnecessarily restrictive.  Licensing schemes are therefore regulated by Chapter VII of Part 1 of the Copyright, Designs and Patents Act 1988.   Some users such as broadcasters and universities are also very powerful and they may challenge a licensing scheme under the Act.   A body known as the Copyright Tribunal resolves disputes between copyright owners and users under Chapter VIII of Part 1.   One case that might interest Welsh speaking readers is BBC v EOS  17 Feb 2021.

Sofie Roberts has invited me to speak at a seminar on licensing for the North Wales creative network on 19 April 2021.   If Covid 19 infections reduce sufficiently to allow M-SParc to reopen it will be great to deliver this talk in person.   If not, I shall deliver it over the internet.   Anyone wanting to discuss this article or any point arising from it may call me on 020 7404 5252 during office hours or send me a message using my contact form.

Thursday, 21 January 2021

World IP Day 2021: "IP & SMEs: Taking your ideas to market"

Standard YouTube Licence

Jane Lambert

World Intellectual Property Day is an annual worldwide festival of creativity and innovation which takes place on or around the 26 April.   For the last two years, the Menai Science Park ("M-SParc") on the island of Anglesey in Northwest Wales has contributed to the festival (see Celebrating World IP Day at M-SParc: Basic Tips for Startups and other Small Businesses 29 April 2019 and Anglesey to celebrate World Intellectual Property Day with Talks on Protecting and Exploiting Green Innovation at M-SParc 6 March 2020).

Every year's World IP Day has a different theme.  The World Intellectual Property Organization (the UN specialist agency for intellectual property) has just announced that this year's theme will be "IP and SMEs: Taking your Ideas to Market."  That dovetails perfectly with M-SParc's plans for a lunchtime seminar on 26 April entitled How to use your IP to unlock financial opportunities which I mentioned in What Every Startup and Small Business in Wales should know about IP on 7 Jan 2021.

Our plans are still very much in flux but we were inspired by a webinar that was given by Andrew Davies of the Intellectual Property Office on IP and Funding for Growth and Jenny Tooth of the UK Angels Association on IP and Growth Funding a few months ago. We shall tailor our presentation to the resources and opportunities that are available for businesses in North Wales and invite local practitioners or practitioners with a local connection to speak wherever possible.  We shall try to chart a path from the bright idea in the bath to flotation on the AIM.

If the pandemic can be tamed by 26 April 2021 we should love to hold it in M-SParc before a live audience in the building as well as online.  The speakers would then be available for informal person to person consultations.   If that is not possible, you can already consult us by phone or Zoom.  The first step would be to call me on 020 7404 5252 during office hours or send me a message through my contact form.   I will either give you the answer if I happen to know it on signpost you to the right expert or resource if I don't.

Thursday, 7 January 2021

What Every Startup and Small Business in Wales should know about IP

Wales from the International Space Station
Author Chris Hadfield NASA  Public Domain



Jane Lambert

I should first like to wish my readers in Wales and the rest of the world a Happy New Year. With continued lockdowns in Wales and many other parts of the world, there could not be a more depressing start. But the world will recover.  New businesses offering new products and services will continue to be launched creating new highly paid jobs in Wales.

The success of those products and services will depend on their branding, design, technology and creativity. It is those attributes that I call "intellectual assets" that gives one business a competitive advantage over all others.  A good idea by one competitor is likely to be adopted by others. To some extent that is a good thing and is to be encouraged because that is how science and society advance.  But not if the effect is to deprive the person who dreamt up the idea and invested in developing it from benefiting from it.  That would eventually stifle innovation and creativity.

It is obviously fair that an author designer. inventor or other intellectual asset creator who invests his or her time and money on developing a new product or service should recoup his or her investment and maybe earn a little extra on the side but consumers should not have to pay through the nose for the product or service forever.  The laws that strike a balance between the interests of the author, designer, inventor or other creator and the public are known collectively as "intellectual property". Examplers of intellectual property rights are the 20-year monopoly of the manufacturer, sale and use of a new invention known as a "patent" or the lifetime plus 70 years protection against unauthorized copying of a work of art or literature called a "copyright".

Earlier this week I was discussing possible topics for webinars for the Enterprise Hub with Emily Roberts of M-SParc (the Menai Science Park near Gaerwen on Anglesey).  I proposed two topics:

  • One was on IP and funding similar to one that the Intellectual Property Office had run on 8 Dec 2020 entitled 'How to use your IP to unlock financial opportunities' to be presented on World Intellectual Property Day on 26 April 2021; and
  • The other was the changes to intellectual property law following the expiry on 31 Dec 2020 of the transition period provided by the agreement for the UK's withdrawal from the EU.
Emily replied that both topics seemed engaging to her but she asked: " Is there any you’d think more appropriate for a smaller or start-up business?"

I replied with the synopsis of a 40-minute talk that I had given many times before and which I shall give again on 9 Feb to the Bradford Network:
  • "What are your business's assets? Is it its good name, the experience of staff, quality of service, design or technology?
  • Are you making full use of those assets? Licensing revenue, collateral for borrowing and means of attracting investment
  • How can you secure those revenues? Trade marks for brands, patents for tech and design registration for the appearance of goods plus the free IP rights like copyright
  • How do you set about getting those rights? How long does it take and how much does it cost?
  • How do you face down challenges to your rights? Litigation and insurance
  • How do you budget?
  • What licensing and other revenues can you expect."
Obviously, a talk to entrepreneurs and other business owners in  Northwest Wales will have to be different from the one I would give to a similar audience in Yorkshire because the economies and cultures of the two regions are quite different even though some issues and solutions are universal.

Emily liked the proposal and drafted an Eventbrite card for the talk which she will publish when she has chosen a date and time for the event.  I for my part will draw up slides and a PDF handout designed specifically for businesses in Wales with such information as local advice and information services and useful websites that can be downloaded from Slideshare.

Anybody who wants to discuss this article or IP, in general, may call me during office hours on 020 7404 5252/  Like many other people I am working from home for the duration but our new phone system can forward your call to me wherever I happen to be at no extra cost.  Alternatively, you can send me a message through my contact form.  Incidentally, if you do call I would welcome a chance to practise my Welsh conversation.   I am halfway through an internet training course in Welsh, there are not too many Welsh speakers nearby and I can't visit Wales until it is safe and lawful to do so.

Monday, 16 November 2020

".io" Country Code Domain Names


 






Jane Lambert

In Welsh Top Level Domain Names  12 April 2019 I described domain names as mnemonics for addresses of resources on the internet.  They contain at least two elements: 

  • a top level domain ("TLD") at the right of the domain name which may be the abbreviation of a country such as ".uk", ".de", "fr" or "it" or a description o the organization such as ".com", ".org" or ".net"; and 
  • a second level domain ("SLD") immediately to the left such as "bbc" or "google".
Often there is a third element immediately to the left of the SLD such as "www" for "worldwide web".  

In the article, I said that TLDs that are specific to a country, group of countries or territory are known as "country code top level domains" or "ccTLD". Those that are not are known as "generic top level domains" or "gTLD". Because country codes are not allocated to political subdivisions, there are a number of geographically specific gTLD for cities and regions.  One well-known example of a domain name for a city is ".london".  Another for a region is ".cat" for Catalonia.  There are two for Wales which are administered by Nominet:  ".cymru" and ".wales."

Country code top level domains are administered by "national network information centres" or "NIC" some of which are controlled by governments.  Most NIC impose very strict nationality or residence qualifications for registrations in their domain space but there are a few that do not.  One of those exceptions is "NIC-IO", the network information centre of the British Indian Ocean Territory. The country code TLD for that territory is ".io".

Since I started to study Welsh systematically in August I have learned that a large number of verbs in that language end in ".io".  It occurred to me that the "io" domain might be popular for Welsh language websites.   I entered a few familiar verbs with the dot separator before the last two letters into the address bar of my browser and found a few examples almost immediately.  The letters "lic.io" led me to a website called "Lunch in Cardiff" with a video of landmarks in the city.  Similarly, "siop.io" led me to 
"a local bilingual marketplace platform built with coffee, code & toasties over lockdown, in order to provide a better way for you to shop locally with independent food and drink businesses, restaurants, pubs & takeaways."

Other verbs such as "cof.io" and "is.io" led me to landing pages that advertised that the sites were for sale or rent.  In the case of "cof.io" for the memorable minimum rent of US$100 per month.  Having said that, there were still a lot of obvious names that are still available.   As of this morning, an employment agency might be interested to know that "gweith.io" has not yet been taken. It was offered to me for US$90. Similarly, ballet teachers might tombé for "dawns.io" which was available for the same fee.

For some businesses, an ".io" domain might be a good alternative to a ".wales" or a ".cymru" domain name.  However, apart from the somewhat stiff registration fee, there are a number of other matters that prospective registrants might want to bear in mind.  

The British Indian Ocean Territory was created by detaching the Chagos islands from Mauritius and the Des Roches islands from Seychelles before those countries had achieved independence.  The inhabitants of the Chagos islands were then deported to make way for the construction of a military base for US and British forces on Diego Garcia.  Both Mauritius and Seychelles claim the islands and the Chagossians have challenged the legality of their deportation in the English and other courts.  The Mauritian claim has been supported by the UN General Assembly in a resolution calling for the decolonization of the territory which was passed overwhelmingly on 22 May 2019.

Businesses wishing to acquire a ".io" domain can apply directly through the NIC.io website which is operated by the English company Internet Computer Bureau Ltd.  The company acts as registrar and runs the ".io" whois service.  Applicants are advised to read the company's policies and in particular the Dispute Resolution Policy.  Claims by trade mark owners for the transfer of domain names are resolved by panellists appointed by the WIPO Arbitration and Mediation Centre in accordance with the Uniform Domain Name Dispute Resolution Policy.  That is the same as the procedure for resolving disputes relating to the ".cymru" and ".wales" domains which I mentioned in my previous article. 

This article is the latest of several serendipitous consequences of my learning Welsh.  I am often asked why I am taking the trouble to learn Welsh when I don't live in Wales and cannot claim a millilitre of Welsh blood in my veins.  A question that is asked much more frequently by Welsh people than by English, Scots or Irish. 

The answer is the same as for any language.   It is the key to understanding a culture.  In the case of Welsh, one that has coexisted many centuries with our own but is nevertheless very different and distinct.  The online service provider that has taught me Welsh much more rapidly and efficiently than my school teachers taught me classical and modern languages has already introduced me to animated films, chanteuses and earworms that have delighted me.

Anyone wishing to discuss this article or domain names generally may call me on 020 7404 5252 during office hours or send me a message through my contact form. 

Sunday, 1 November 2020

Two Kinds of Accelerators - Colin Jackson in a Race and Accelerators for Startups

Colin Jackson
Author Ludovic Pern  Licence CC BY-SA 3,o




























Last Tuesday, Emily Roberts of M-SParc interviewed the world champion athlete Colin Jackson over Zoom. I joined the Zoom call because it is not every day that one gets a chance to meet a great athlete.  I had also seen Colin Jackson's Welsh Language Journey of 11 June 2020 which was very impressive. As I have also just started to learn Welsh, I hoped to pick up some hints and tips from him.

Colin delivered an inspiring talk.  Emily gave me the best possible if not the most original advice, namely "ymarfer".  It was endorsed by Colin.  He also unexpectedly prompted another question when he mentioned that he had named his academy "Red Shoes."  I was immediately reminded of the fairy tale by Hans Christian Andersen, the Powell and Pressburger film that launched the career of Moira Shearer and the dance drama by Sir Matthew Bourne. Prosaically, Colin said that he had chosen the name because he wore red shoes at his last event before retirement.  I would respectfully invite him to take advantage of the coincidence because dance and athletics have a lot in common.  I think he would find a receptive new market for his services.

Immediately after Colin's interview, we learned of an accelerator programme in North Wales to be delivered by the Excelerator Consortium, a joint venture between The Winning Pitch and Impact Innovation.  Accelerator programmes are officially described as fixed-term, cohort-based programmes, that include mentorship and educational components and culminate in a public pitch event or demo day.  Another way of describing an accelerator is as a cross between The Apprentice and Dragons' Den. Your idea is pinched, pulled and prodded tested to destruction but if it survives you will receive training, mentoring and ultimately funding.

The very first accelerator programme was offered by Y Combinator which, despite the apparently Cambrian definite article, began life, not in Wales but California. The basic idea is set out in About YC:
"In 2005, Y Combinator developed a new model of startup funding. Twice a year they invest a small amount of money in a large number of startups. The startups move to Silicon Valley for 3 months, and the YC partners work closely with each company to get them into the best possible shape and refine their pitch to investors. Each batch culminates in Demo Day, when the startups present their companies to a carefully selected audience of investors. Y Combinator has invested in over 2,000 companies including Airbnb, Dropbox, Stripe, Reddit, Instacart, Docker and Gusto. The combined valuation of YC companies is over $100B."

I would urge everyone who is thinking of launching a new business no matter which part of the world in which he or she lives to browse the Y Accelerator website because it contains a wealth of free information.  In particular, I recommend the Startup School which describes itself as "a free online program and global community of founders."

According to The Guardian journalist, Tina Nielsen, Y Combinator's idea spread across the world quickly (see Nielsen Business accelerators: a financial shot in the arm for startups 24 Oct 2013 The Guardian). The first British accelerator was Seedcamp just 2 years later, NESTA (the National Endowment for Science Technology and the Arts) produced an authoritative report on incubators and accelerators for the Department of Business, Energy and Industrial Strategy and a directory in 2017 which I discussed in Business Incubators and Accelerators Directory 20 April 2020 NIPC News.  I also discussed some of the accelerators near my home in  Accelerators and Incubators in the Leeds City Region 22 April 2017 NIPC Yorkshire and Accelerators and Incubators in the Sheffield City Region 24 Aoruk 2017 NIPC Yorkshire,

In 2018 I got the chance to observe a new healthcare accelerator in Bradford which is 15 miles from my home (see Northern Max - a new Healthcare Accelerator in Bradford 12 Jan 2018 NIPC Yorkshire). At the end of the course, I attended its demo day where I met the course mentors (one of whom was a very old friend) and the cohort (see Bradford Healthcare Accelerator Programme comes to an End 26 March 2020 NIPC News).  You will see from NorthernMAX Demo Day 25 March 2028 NIPC Yorkshire that I was impressed.   Accelerator programmes really do seem to work.

There are now a lot of accelerator programmes in the UK and some are likely to be better than others.  I know very little about the Excelerator Consortium programme as I have only one contact in The Winning Pitch and it is a long time since I last heard from him. But the fact that the  Consortium has connections with the Welsh government, Business Wales, some reputable Cardiff professional services firms, financial institutions and universities are good signs.  The case histories on the Excelerator Consortium website look promising.   The programme is well worth checking out.

Anyone wishing to discuss this article or accelerators and incubators generally is welcome to call me on 020 7404 5252 during office hours or send me message through my contact form.   I wish anyone setting up a business pob lwc.

Monday, 26 October 2020

The New Protected Food Names Scheme as it will apply in Wales

Author Ian Medcalf Licence CC BY-SA 2.0  Source Wikipedia Sheep Farnubf in Wakes






















Some food and drink products derive their qualities from the climate, soil or some other attribute of the place in where they are produced or by production methods that have been developed in that place.  Well known examples include champagne, Scotch whisky and Parma ham. Consumers seek out such products because of their place of origin or manner of preparation.  It is therefore in the public interest as well as the interests of those producers that suppliers of competing goods from other regions do not market their goods as goods coming from the same region.

The signs used on products that have a specific geographical origin and possess qualities or a reputation that are due to their origin are known as geographical indications.  They are a type of intellectual asset that the United Kingdom and other parties to the WTO agreement are required to protect by Section 3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS").  In the United Kingdom, these requirements are satisfied by the law of passing off, the registration of certification and collective marks and sui generis EU intellectual property rights established by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs OJ L 343, 14.12.2012, p. 1–29.
Regulation 1151/2012 establishes a system for the registration of the names of food or drink products in the following categories: protected designations of origin ("PDO"), protected geographical indications ("PGI") and traditional specialities guaranteed ("TSG").  
PDO: The name of an area used as a designation for an agricultural product or a foodstuff,
  • which comes from such an area, place or country,
  • whose quality or properties are significantly or exclusively determined by the geographical environment, including natural and human factors,
  • whose production, processing and preparation take place within the determined geographical area.
Conwy mussels are an example of a PDO.  Goods that are protected by a PDO are sold under a red and gold roundel of ploughed fields and a circle of stars.   

PGI:  The name of an area used as a description of an agricultural product or a foodstuff:
  • which comes from such an area, place or country,
  • which has a specific quality, goodwill or other characteristic property, attributable to its geographical origin,
  • at least one of the stages of production, processing or preparation takes place in the area. 
Traditional Welsh Caerphilly cheese is an example of a PGI.  Goods protected by a PGI are sold under a blue and gold roundel of similar design to that of the PDO.
TSG:  The name of a product that has a "specific character" in that its raw materials, production method or processing are "traditional".  "Specific character" means "characteristic production attributes which distinguish a product clearly from other similar products of the same category."  "Traditional" means "proven usage on the domestic market for a period that allows transmission between generations; this period is to be at least 30 years".   They are not necessarily connected with a particular geographical area.   Traditional Bramley apple pie fillings are an example of a TSG.  Goods protected as TSGs are sold under a blue and gold roundel consisting of stars and the words "Traditional Speciality Guaranteed."
More details of the scheme are provided in the DEFRA Guidance EU protected food names: how to register food or drink products.  
Applications for registration are made to the authorities of a member state to consider whether the product complies with the regulation.  In the UK the relevant authority is the Department for the Environment, Food and Rural Affairs ("DEFRA").   DEFRA  publishes applications to enable third parties to make representations in opposition to the application if they so wish.  If the national authority upholds the application it is forwarded to the Commission for final consideration.  The Commission publishes the application to allow those injecting to the application to oppose it.   In there is no opposition or the opposition fails the application proceeds to registration.   

Member states are required to take administrative and judicial steps to prevent or stop the unlawful use of PDO and PGI  by art 13 (5) of the regulation.  Similarly, TSG are protected against any misuse, imitation or evocation, or against any other practice liable to mislead the consumer by art 24 (1) and member states are required to ensure that sales descriptions used at national level do not give rise to confusion with names that are registered by art 24 (2).  Suppliers of foods or drinks that are protected by the regulation may take proceedings against infringers of their rights may take proceedings in Wales in the High Court or County Court.
The regulation will cease to apply to the UK from 23:00 on 31 Dec 2020.  However, art 54 (2) of the agreement by which the UK withdrew from the EU requires the British government to continue the protection for PDO, PGI and TSG afforded by the regulation under the laws of the UK.  The mechanism by which the UK will implement that obligation is to incorporate the regulation into the laws of the UK with effect from 23:00 on 31 Dec 2020 under s.3 (1) of the European Union (Withdrawal Act) 2018 as modified by  The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019 pursuant to s.8 (1) of the Act.

The new British scheme is essentially a continuation of the EU scheme with DEFRA performing the functions formerly carried out by the Commission.   The one big change that the public is likely to notice will be the replacement of the EU roundels for PDO, PGI and TSG with the following British roundels:
Source DEFRA  Licence Open Government Licence

Further information is available from the DEFRA press release of 22 Oct 2020  New rules and logos to protect British food and drinks. its guidance EU protected food names: how to register food or drink products and my article Geographical Indications in the UK after 31 Dec 2020  30 Sept 2020 NIPC Law. Anyone wishing to discuss this topic may call me on 020 7404 5252 during office hours or send me a message through my contact page.