CJEU recently clarified that regardless of whether products are intended for export to countries outside of EU or within EU, Article 13 of Regulation 1151/2012 applies. In case C-159/20 concerning the use of “Feta”, “Danish Feta” and “Danish Feta cheese” on cheese produced in Denmark and intended for export outside of EU, the CJEU found that Denmark had set aside its obligations to take appropriate administrative and judicial steps to prevent or stop the unlawful use of the Protected Designation of Origin (PDO) “Feta”. By interpretation of the Regulation, CJEU found that although “export” was not explicitly mentioned, Article 13 of Regulation 1151/2012 should be interpreted as also covering unlawful use of GIs on products intended for export outside of EU.
Therefore, use of GIs on products intended for export to countries outside of EU also constitutes a GI infringement when the products do not meet the requirements of the GI.
Geographical indications: Food, wine and other agricultural products that have a specific geographical origin and a reputation, a specific quality or other essentially attributable characteristics can be protected as a geographical indication in EU.
It is also possible for non-EU products to be registered as a GI within EU.