In contrast, in December 2018, the government announced that it had reached an agreement with the EEA-EFTA states to continue the mutual protection of existing geographical indications. The government has said it will pursue the deal even in the event of a Non-Deal-Brexit. In order to register the names of products from third countries in the EU as geographical indications, producers send their applications to the European Commission, either directly or through their national authorities. From 1 January 2021, UK producers (but not Northern Ireland producers – see below) will be treated as „third countries“ under the EU regime and will first have to guarantee the protection of new GIs under the UK regime before being used under the EU regime. Furthermore, the criteria for registering an application from a British producer are the same as for products originating in the European Union, as defined in EU legislation. After registration, EU regulations provide the same level of protection as information provided by EU officials. The protection of the UK`s personal data in future trade agreements depends on the UK`s negotiating force. If the UK were to leave the EU at the end of the transition period without a future economic agreement, the government`s position on the UK`s protection of public energy within the EU is that protection should continue after withdrawal. However, it is possible that the EU will change its rules and decide to remove this protection for the provisions of the United Kingdom.
If UK government information is removed from EU registers, the government will assist public Gi holders in the UK in their new EU-Gi RECONNAISSANCE application. The Geneva Act currently applies in the United Kingdom during the transitional period. However, at the end of the transitional period, the United Kingdom will not be required, in its own system, to continue to protect the geographical indications recorded by the Lisbon system (unless the United Kingdom independently ratifies the Geneva Act after the transitional period). It seems unlikely that the United Kingdom will ratify the Geneva Act independently, given that this issue is not addressed in the British Government`s guidelines on geographical indications. Furthermore, in accordance with Article 54, paragraph 2, of the withdrawal agreement, where protection in the EU is derived from international agreements of which the EU is a part, there is no need to guarantee the same level of protection in the UK. The UK Government has published guidelines on the new food and beverage naming regime from 1 January 2021 (28 September 2020), which also sheds further light on the interactions between the scheme and the EU scheme. From 1 January 2021, the EU regime will no longer apply to the UK, as is the case for EU Member States – see the European Commission`s comments in its communication to stakeholders – UK withdrawal and EU geographical indication rules (6 July 2020). The United Kingdom confirmed that it would establish its own geographical indications (GI) if there was no future economic agreement at the end of the transition period following the withdrawal agreement. These rules will be in line with existing EU rules and will comply with the UK`s WTO obligations.
If, at the end of the transition period, there is no future economic agreement replacing the withdrawal agreement, all British products (88) registered under the EU GI system will automatically receive UK status and remain protected in the UK, as will all third countries in Schedule A of the relevant trade agreement (such as Switzerland and South Korea). both of which signed the agreements).