What is a spirit drink?

According to Article 2 of Regulation 2019/787, it is an alcoholic beverage that meets certain requirements, among others, it is intended for human consumption; it has specific organoleptic characteristics, a minimum alcoholic strength by volume of 15% or 14% for egg liqueurs and advokats.

What is a geographical indication for a spirit drink?

The Spirits Regulation provides its own definition of a geographical indication. It is an indication that a spirit drink originates in the territory of a particular country, region, or place within that territory where a specific quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin.

Why register alcohol as a geographical indication?

By registering a geographical indication for a spirit drink, the name gains protection throughout the European Union and outside the European Union through agreements with third countries to which the European Union is a party.

Many well-known spirit drinks are registered as geographical indications (e.g. Scotch Whisky, Armagnac, Calvados or Rum da Madeira).

Among Polish spirits registered as a Protected Geographical Indication (PGO) are:

- "Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej"

and

- "Polska Wódka/Polish Vodka".

Protection under Polish Law

In Poland, the protection of geographical indications for spirit drinks is handled by the minister responsible for agricultural markets and the Ministry of Agriculture and Rural Development.

The registration process includes an assessment at national and EU level (with the first stage at national level).

What are the similarities between the registration of spirit drinks as Protected Geographical Indications and other PGO’s?

In order for an alcohol to be registered as a Protected Geographical Indication, it must indicate that the spirit drink originates from a particular country, region or place.

In addition, its quality, reputation or other characteristics must derive from its geographical origin.

Specific requirements when registering alcohol as a PGO

Who can apply? Only a group that works with the spirit drink whose name is to be registered. An individual can apply if they are the only producer.

Who is a group? A group is considered to be any association, irrespective of its legal form, which mainly brings together producers or processors whose activities are related to the spirit drink in question. 

Specification of the notified product

Pursuant to Article 22(1) of Regulation 2019/787, a spirit drink declared as a COG must meet a number of requirements regarding its specification.

Which ones? Among others:

  • Description of the production method and authentic and invariably local production methods.
  • Information on the link between a specific quality, the reputation or other characteristic of the product and its geographical origin.
  • Description of the characteristics of the spirit drink: raw material composition, physical, chemical, or organoleptic characteristics.

Communicating the protection of alcohol as a geographical indication

According to Article 16 of Regulation 2019/787, the EU symbol for protected geographical indications may be used in:

- description,

- presentation,

- labelling of spirit drinks, the names of which are geographical indications. 


Legitimate grounds for refusing protection for a spirit drink

Despite meeting the grounds for registering a spirit drink as a PGO’s, administrative authorities may refuse to register it. This is the case when:

- the spirit drink is a generic name,

A generic name is a name that is generic, common to a type of product and which, although it relates to the place or region where a spirit drink was originally produced or placed on the market, has become the common name of that spirit drink in the Union.

- In view of its reputation and renown, protection of the trademark would be liable to mislead consumers as to the identity of the spirit drink.

Restrictions on the distribution of a spirit drink as a COG

At the national level, in accordance with the Law on Registration and Protection of Designations of Origin, the Minister of Agriculture may, by regulation, determine in a given area the permissible volume of supply of spirit drinks, taking into account:

- the volume of production,

- the quality of the product covered by the geographical indication,

- market demand for the product,

- the production capacity of producers of that product.

To date, no implementing act has been issued limiting the supply of products protected by a geographical indication. 

Penalties for introducing a spirit drink that does not comply with the PGO

Article 42 of the Act of 18 October 2006 on the production of spirit drinks (i.e. Journal of Laws of 2023, item 1584) indicates the offence of producing a spirit drink contrary to the production method, technological conditions, or quality parameters, or of placing such produced alcohol on the market. This also applies to spirit drinks protected by a geographical indication.

The penalties for making or placing such counterfeit goods on the market are:

- a fine,

- a restriction of liberty, or

- imprisonment of up to 2 years.

Preparation for such an offence is also punishable, i.e. undertaking actions aimed at creating the conditions for the production or marketing of counterfeit alcohol. These actions must aim directly at the commission of the offence.

Act of 9 March 2023 on the registration and protection of designations of origin, geographical indications and guaranteed traditional specialities of agricultural products and foodstuffs, wines or spirit drinks and traditional products (Journal of Laws, item 588).

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Afternotes:

Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, on the use of the names of spirit drinks in the presentation and labelling of other foods, on the protection of geographical indications of spirit drinks, on the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages and repealing Regulation (EC) No 110/2008 (OJ EU. L. 2019, No. 130, p. 1, as amended). Hereinafter as: Regulation 2019/787.

Article 3(4) of Regulation 2019/787.

Pursuant to Article 3(1) of the Act of 9 March 2023 on the registration and protection of designations of origin, geographical indications and guaranteed traditional specialities of agricultural products and foodstuffs, wines or spirit drinks and traditional products (Journal of Laws No. 588). Hereinafter as: Act on Registration and Protection of Designations of Origin.

 Article 24(1) of Regulation 2019/787.

 Article 24(3) of Regulation 2019/787.

 Article 3(7) of Regulation 2019/787.

 Article 44 of the Law on Registration and Protection of Appellations of Origin in conjunction with Article 166 a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ EU. L. 2013 No 347, p. 671 as amended).

As at 11.01.2024.

 Source:

https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.gourmetencasa-tcm.com%2Fpl%2F3425-calvados-boulard-vsop-1l.html&psig=AOvVaw2jXu9ys7ACaYfUp6FwnO2J&ust=1705069372903000&source=images&cd=vfe&opi=89978449&ved=0CBIQjRxqFwoTCOiinsXE1YMDFQAAAAAdAAAAABAD

Source:

https://mojafirma.infor.pl/mala-firma/prawo-konkurencji/314621,Polska-Wodka-okreslona-ustawowo.html

Source: https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.wikihow.com%2FDrink-Romanian-Palinka&psig=AOvVaw2Y7xgumcDysm-1b-cDW44k&ust=1705069698525000&source=images&cd=vfe&opi=89978449&ved=0CBIQjRxqFwoTCMDdluDF1YMDFQAAAAAdAAAAABAI

Article 16 par. 1 of the Penal Code.