The EU continues to attempt to restrict those common names to products made only in the EU and pressure other countries to accept those terms in trade agreements.
“The EU GI agenda remains highly concerning because it significantly undermines trademarks held by U.S. producers and imposes barriers on market access for U.S.-made goods,” the agency said in its “Special 301 Report” released on Wednesday.
The annual report outlines global challenges on intellectual property rights and describes the EU’s campaign to eliminate competition by restricting the use of generic food and beverage terms for products produced around the world.
“The EU GI system raises concerns regarding the extent to which it impairs the scope of trademark protection, including exclusive rights in registered trademarks that predate the protection of a GI,” the agency said in the report.
The EU’s GI system and strategy adversely affects access for U.S. and other producers in the EU market and other export markets, the agency said.
“As USTR’s report clearly lays out, the EU’s aggressive common name confiscation campaign presents a significant threat to producers and exporters in the U.S. and elsewhere,” said Jaime Castaneda, executive director of CCFN.
“Looking forward, it’s urgent that the administration use its full suite of tools to protect the market access rights of producers using common food and beverage names,” he said.
U.S. producers and traders are effectively blocked from markets that have protected EU GIs unless they adopt burdensome workarounds, USTR said in the report.
“For far too long, the EU has abused GIs to erect trade barriers that prevent U.S. dairy from competing on a more level global playing field,” said Jim Mulhern, president and CEO of National Milk Producers Federation.
The U.S. is advancing its objectives on GI and trademark issues through its trade agreements and international forums including the World Intellectual Property Organization, World Trade Organization and the Asian-Pacific Economic Cooperation, the agency said.
The U.S. is also engaging bilaterally to address concerns resulting from GI provisions in existing EU trade agreements, agreements under negotiation and other initiatives, the agency said.
