NZ cheese producers have been concerned by the EU stretching its register of geographic food types, known as Geographic Indications (GI) to include styles of cheese, rather than just the specific region where a product is from.
A recently signed free-trade agreement between the EU and Canada resulted in Canadian exporters of some cheeses including feta having to label the cheese “in the style of feta”.
But Auckland food and beverage lawyer John Barker believes the recently signed Trans Pacific Partnership might offer some benchmarks for diplomats as negotiations proceed in 18 months.
“The IP chapter ensures due process for GIs in international agreements so parties that have a prior interest will have a right to oppose GI protections that conflict with their interests.
“It also recognises products that have common names, for example brie.”
The European GI register has about 1500 food names on it, spread over three tiers of value with the likes of Roquefort cheese in the top tier, down to traditional specialty names, such as Belgium’s Lambic beer.
Cypriot cheese producers have caused concern here recently by seeking protection and rights to halloumi style cheese.
Both the Dairy Companies Association of NZ and NZ Specialty Cheesemakers Association have lodged objections to the rights claim.
In contrast to TPP signatories, the EU member countries tend to view regional food types as a public good for which producers affiliated to it are stewards.
“But TPP countries are applying the idea of a GI from a different starting point. They may be more emerging food cultures or they may have more of an emphasis on individual rather than collective rights.”
“This is a style our market and any other market identifies and it would have an economic value to give it up.”
John Barker
Lawyer
The TPP does, however, provide protection for some specific products, including Bourbon whiskey.
While NZ specialty cheese producers are relatively small-scale, serving the local market, there are some major exporters including Fonterra.
Barker said feta type cheese was a good example of a style with a name worth fighting for.
“This is a style our market and any other market identifies and it would have an economic value to give it up. You would have the cost of rebranding it and re-educating the market about it.”
The area was proving to be one complicated by past agreements on appellation branding, amendments and trade agreements like TPP being formulated alongside them.
Barker said there was a significant amount of discussion and negotiation to be done before any firm outlook was in place for NZ producers.
Historically, however, NZ governments have taken a staunch line in trade negotiations to ensure a firm definition of GI is adhered to by all parties.
