LEGAL ASPECTS OF PROTECTING THE NAMES OF TRADITIONAL FOOD PRODUCTS IN THE EU

Abstract

In recent decades, consumers in the European Union have increasingly demanded high-quality food products. Over time, consumers have also shown growing interest in health aspects, as well as the environmental impact of production and animal welfare. For producers, labeling products is the only way to convey information about their characteristics in order to attract consumer attention. To effectively communicate such information, especially in the case of traditional products that meet consumer demands, the legal framework of the European Union provides two labeling instruments: trademark registration and the registration of a geographical indication. A large number of studies have focused on consumer preferences and consumption habits. This paper is motivated by the position of producers who need guidance on product labeling to achieve better market position. The paper focuses on the legal context through an analysis of the requirements for trademark and geographical indication registration, as well as an examination of the legal position of producers after registration. The goal is to determine, through a comparison of the two options, which one offers producers a better legal position, as a broader scope of exclusive rights ensures a better economic position as well. The paper uses legal, analytical, and comparative methods to compare the legal instruments, and it also examines producer preferences through official data on the number of trademark and geographical indication registrations. The results show that the conditions for trademark registration are more liberal, which explains the higher number of trademark registrations. On the other hand, the conditions for registering a geographical indication are stricter, but they provide producers with a broader scope of guaranteed rights compared to a trademark, as well as better implementation of those rights in practice.