Guidance

UK Geographical Indications Scheme: Appeals that can be made to the First-tier Tribunal

Published 10 March 2021

© Crown copyright 2021

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1. Introduction

This documents set out which UK GI schemes decisions, taken by the Defra Secretary of State, can be appealed to a First-tier Tribunal (FTT). It also sets out who is able to appeal and the powers the FTT have in responding to the appeal.

These rules reflect the following legislation:

Unless otherwise stated, the rules apply to all the schemes listed above and the designations that may apply under that scheme (Protected Designation of Origin ‘PDO’; Protected Geographical Indication ‘PGI’ and Traditional Speciality Guaranteed ‘TSG’).

Find out more about the UK GI Schemes.

2. Registering a GI

To approve an application to register a GI

Who can appeal against the decision

  1. a person or organisation who previously lodged a valid notice of opposition against the application
  2. a person or organisation who market a product that is, or may be, affected by the registration of the new product name

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the product name or specification is removed from the GI register
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 120 for col 3 options a) and b)
Pg 109 Art 54a(4)(a) for option c)

Aromatised wine: S.I. 2020/1637
Pg 154 for col 3 options a) and b)
Pg 146 Art 25a(4)(a) for option c)

Traditional terms: S.I. 2020/1637
Pg 189 for col 3 options a) and b)
Pg 179 Art 39a(4)(a) for option c)

Spirit drinks: S.I. 2020/1637
Pg 201 for col 3 options a) and b)
Pg 199 Art 43(4)(a) for option c)

Wine: S.I. 2019/ 828
Pg 2-3, especially Art 99a(4)

To reject an application to register a GI

Who can appeal against the decision

  1. the person or group who submitted the application
  2. a person or organisation who market a product that is, or may be, affected by the decision not to register the new product name

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the GI is registered (by entering the product name and specification on the GI register)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 120-21 for col 3 options a) and b)
Pg 109 Art 54a(4)(a) for option c)

Aromatised wine: S.I. 2020/1637
Pg 154 for col 3 options a) and b)
Pg 146 Art 25a(4)(a) for option c)

Traditional terms: S.I. 2020/1637
Pg 189 for col 3 options a) and b)
Pg 179 Art 39a(4)(a) for option c)

Spirit drinks: S.I. 2020/1637
Pg 201 for col 3 options a) and b)
Pg 199 Art 43(4)(a) for option c)

Wine: S.I. 2019/ 828
Pg 2-3, especially Art 99a(4)

3. Amending a GI

To approve an application to amend a product specification

Who can appeal against a decision

  1. a person or organisation who previously lodged a valid notice of opposition, regarding the amendment of the product specification
  2. a person or organisation who market a product that is, or may be, affected by the amendment of the product specification

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the GI entry is restored to how it previously appeared on the GI register (reattaching the previous product specification)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 121 for col 3 powers a) and b)
Pg 109 Art 54a(4)(a) for power c)

Aromatised wine: S.I. 2020/1637
Pg 154-55 for col 3 powers a) and b)
Pg 146 Art 25a(4)(a) for power c)

Traditional terms: S.I. 2020/1637
Pg 189 for col 3 powers a) and b)
Pg 179 Art 39a(4)(a) for power c)

Spirit drinks: S.I. 2020/1637
Pg 201-02 for col 3 powers a) and b)
Pg 199 Art 43(4)(a) for power c)

Wine: S.I. 2020/1446
Pg 16-17 for col 3 powers a) and b)
Plus for power c), Art 99a(4)(a) of S.I. 2019/828 pg 3

To reject an application to amend a product specification

Who can appeal against the decision

  1. the person or group who submitted the application
  2. a person or organisation who market a product that is, or may be, affected by the decision not to amend the product specification

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the GI entry in the register reflects the amendment applied for, including the revised product specification (as per temporary or permanent amendment rules)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 122 for col 3 powers a) and b)
Pg 109 Art 54a(4)(a) for power c)

Aromatised wine: S.I. 2020/1637
Pg 155 for col 3 powers a) and b)
Pg 146 Art 25a(4)(a) for power c)

Traditional terms: S.I. 2020/1637
Pg 189-90 for col 3 powers a) and b)
Pg 179 Art 39a(4)(a) for power c)

Spirit drinks: S.I. 2020/1637
Pg 202 for col 3 powers a) and b)
Pg 199 Art 43(4)(a) for power c)

Wine: S.I. 2020/1446
Pg 16-17 for col 3 powers a) and b)
Plus for power c), Art 99a(4)(a) of S.I. 2019/828 pg 3

4. Cancelling a GI

To cancel the registration of a GI – Secretary of State’s own initiative (as per scheme rules)

NB: Does not apply to traditional terms for wine

Who can appeal against the decision

  1. a person or organisation who previously lodged a valid notice of opposition regarding the proposed decision to cancel the GI
  2. a person or organisation who market a product that is, or may be, affected by the cancellation of the GI

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the entry is restored in the GI register (with the product specification reattached)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision,
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 122-23 for col 3 powers a) and b)
Pg 109 Art 54a(4)(a) for power c)

Aromatised wine: S.I. 2020/1637
Pg 155 for col 3 powers a) and b)
Pg 146 Art 25a(4)(a) for power c)

Traditional terms: n/a

Spirit drinks: S.I. 2020/1637
Pg 202-03 for col 3 powers a) and b)
Pg 199 Art 43(4)(a) for power c)

Wine: S.I. 2020/1446 Pg 17 for col 3 powers a) and b)
Plus for power c), Art 99a(4)(a) of S.I. 2019/828 pg 3

To approve a request to cancel the registration of a GI

Who can appeal against the decision

  1. a person or organisation who previously lodged a valid notice of opposition regarding the request to cancel the GI
  2. a person or organisation who market a product that is, or may be, affected by the cancellation of the GI

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the entry is restored in the GI register (with the product specification reattached)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 123 for col 3 powers a) and b)
Pg 109 Art 54a(4)(a) for power c)

Aromatised wine: S.I. 2020/1637
Pg 155-56 for col 3 powers a) and b)
Pg 146 Art 25a(4)(a) for power c)

Traditional terms: S.I. 2020/1637
Pg 190 for col 3 powers a) and b)
Pg 179 Art 39a(4)(a) for power c)

Spirit drinks: S.I. 2020/1637
Pg 203 for col 3 powers a) and b)
Pg 199 Art 43(4)(a) for power c)

Wine: S.I. 2020/1446 Pg 17 for col 3 powers a) and b)
Plus for power c), Art 99a(4)(a) of S.I. 2019/828 pg 3

To reject a request to cancel the registration of a GI

Who can appeal against the decision

  1. the person or group who submitted the request to cancel the GI
  2. a person or organisation who market a product that is, or may be, affected by the decision not to cancel the GI

First-tier Tribunal powers

Either to:

  1. reverse the decision and direct that the entry is removed from the GI register (including the product specification)
  2. return the matter to the Secretary of State for reconsideration and a fresh decision
  3. dismiss the appeal

Legislation

Agri-food: S.I. 2020/1637
Pg 123-24 for col 3 powers a) and b)
Pg 109 Art 54a(4)(a) for power c)

Aromatised wine: S.I. 2020/1637 Pg 155-56 for col 3 powers a) and b)
Pg 146 Art 25a(4)(a) for power c)

Traditional terms: S.I. 2020/1637
Pg 190-91 for col 3 powers a) and b)
Pg 179 Art 39a(4)(a) for power c)

Spirit drinks: S.I. 2020/1637
Pg 203 for col 3 powers a) and b)
Pg 199 Art 43(4)(a) for power c)

Wine: S.I. 2020/1446 Pg 17 for col 3 powers a) and b)
Plus for power c), Art 99a(4)(a) of S.I. 2019/828 pg 3

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