The Kingdom of Denmark has failed to fulfil its obligations under article 13(3) of Regulation No 1151/2012 on food and agricultural products: it did not prevent Danish dairy producers from using the protected designation of origin (PDO) 'feta' to designate cheese that does not comply with the specification of that PDO by not having terminated that use. PDOs and PGIs are protected as an intellectual property right by Regulation No 1151/2012 and in particular by Article 13 thereof. Even if these products are intended for export to third countries: the use of a PDO or PGI to designate a product produced in the territory of the European Union which does not comply with the applicable product specification impairs, within the European Union, the intellectual property right constituted by that PDO or PGI, even if that product is intended for export to third countries.
Case C-159/20. The fact remains that the objective of ensuring that producers secure fair returns for the qualities of their products is in itself, as is apparent from recital 18 and Article 4(a) of Regulation No 1151/2012, an objective pursued by that regulation. The same applies to the objective of ensuring respect for intellectual property rights set out in Article 1(c) of that regulation. It is clear that the use of the PDO ‘Feta’ to designate products produced in the territory of the European Union which do not comply with the product specification for that PDO undermines those two objectives, even if those products are intended for export to third countries.
51. Thus, PDOs and PGIs are protected as an intellectual property right by Regulation No 1151/2012 and in particular by Article 13 thereof, as is confirmed by Article 4(b) of that regulation, according to which a scheme for PDOs and PGIs is established in order to help producers of products linked to a geographical area by ensuring uniform protection of the names as an intellectual property right in the territory of the European Union. Moreover, as the Republic of Cyprus submits, PDOs and PGIs also come under intellectual property rights for the purposes of Regulation No 608/2013, as is apparent from Article 2(1)(d) and Article 2(4)(a) thereof.
52. The use of a PDO or PGI to designate a product produced in the territory of the European Union which does not comply with the applicable product specification impairs, within the European Union, the intellectual property right constituted by that PDO or PGI, even if that product is intended for export to third countries.
IPPT20220714, CJEU, European Commission v Denmark (Feta III)
