Geographical Indications: Gower Salt Marsh Lamb - First Product to be registered under the British Scheme

Gower Meat Selection at a Swansea Restaurant

Author Vouliagmeni Licence Public Domain Source Wikipedia Commons

 

Jane Lambert

By a decision notice dated 23 July 2021 the Secretary of State for the Environment, Food and Rural Affairs has decided to register 'Gower Salt Marsh Lamb’ as a Protected Designation of Origin under the UK quality scheme for protected designations of origin and protected geographical indications for agricultural products and foodstuffs.  The significance of the decision is that it is the first product to be registered under the British scheme.  The application was made on 1 Jan 2021 (the day after the transition or implementation period provided by art 126 of the agreement for British withdrawal from the EU expired) and the product was added to the register today.

In Geographical Indications I wrote:

"Ageographical indication' is defined as a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin (see the "Geographical Indications" page of the WIPO website). The sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production. Examples include 'Scotch' for whisky from Scotland, 'Champagne' for sparkling wine from the Champagne region of France and “Parma” ham for dry-cured ham from the Parma region of Italy."

In The New Protected Food Names Scheme as it will apply in Wales I added:

"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."

The UK is required to continue to protect protected designations of origin, protected geographical indications and traditional specialities guaranteed by art 54 (2) of the withdrawal agreement. That requirement is implemented by The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2019 (SI 2019 No 1366) which amend Regulation 1151/2012. Essentially, the EU legislation as amended by that statutory instrument has been incorporated into the laws of Wales, England, Scotland and Northern Ireland by s.3 (1) of the European Union (Withdrawal) Act 2018 with effect from 31 Dec 2020.    

I discussed the UK scheme in Geographical Indications in the UK after 31 Dec 2020 in NIPC Law on 30 Sept 2020.   I considered how the new British scheme would apply in Wales in The New Protected Food Names Scheme as it will apply in Wales on 26 Oct 2020 in NIPC Wales.   I explained the way in which the EU legislation had been amended and incorporated into domestic law in How Brexit has changed IP Law in NIPC Brexit on 17 Jan 2021 and in my presentation and handout IP after Brexit on 26 Jan 2021.

The Department for the Environment, Food and Rural Affairs has published a full product specification for Gower salt marsh lamb.  It identifies the applicant for registration, the product's name and description, its geographical area, proof of origin, method of production and link with the area.  The City and County of Swansea will be the inspection body for the product. 

Gower salt marsh lamb is not the only famous product from the area.  The Gower peninsula is an important gastronomic region of the British isles.  It is also famous for its beef, game, fruit, vegetables, seafood and many other products.  A distinctive local speciality is laverbread made from seaweed.  Further information on the area's foods can be obtained from the Wikipedia article Cuisine of Gower.

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