Author: dcadmin

Highlighting Common Names Issues to USTR

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wine-and-cheeseRecent years have seen a growing trend of countries ignoring previously established trade commitments and laws to impose regulations that restrict the use of common names at the behest of EU trade negotiators. On December 7, CCFN wrote to U.S. Trade Representative (USTR) Ambassador Katherine Tai, emphasizing those concerns and laying out the countries where those developments pose particularly acute concerns. CCFN underscored that only the U.S. government can fully combat the present uneven global playing field dynamic as decisions on common name restrictions are made by official government trade negotiators.

From Mexico to Mercosur to Malaysia, CCFN detailed various examples of the EU using free trade agreement (FTA) negotiations to pressure other countries to adopt common name restrictions. It’s more important than ever that governments take a stand in defense of fair competition and stop the EU’s monopolization of common names.

Building Support for Common Names in Latin America

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usdec-in-latin-americaWhile Europe continues to try to flex its muscles through FTAs in Latin America, CCFN has been active in strengthening relationships and building a consensus around common names protections.

CCFN members USDEC and National Milk Producers Federation (NMPF) formalized an agreement with Argentine agricultural association Sociedad Rural Argentina (SRA) on September 8th to collaborate on promoting common trade and food policy objectives. A few weeks later, USDEC and NMPF also signed a memorandum of understanding with the Chilean Federacion Nacional de Productores de Leche (Fedeleche). Both agreements include coordinating with CCFN to defend common food names in trade negotiations as a specific objective of the partnership. These agreements will facilitate a more fulsome response to threats to common names in both markets.

Chairman’s Column

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As we close out a very successful 2022, we wanted to take a moment to celebrate the ten-year anniversary of CCFN and look ahead to what CCFN will need as we enter the second decade of our work.

CCFN was founded in 2012 in response to emerging and increasing threats from overseas producers who sought to constrain our ability to market and sell our products using common names – like parmesan and bologna – that had long been a part of the public domain. Across continents and industries, we came together to stop the monopolization of generic names and fight for common sense.

The decade since then has not been easy. The European Union (EU) has continued to aggressively confiscate common names through the misuse and abuse of geographical indications and intellectual property laws. Frequently, they have then pressured other countries to adopt these misguided policies as a condition of a trade deal with Europe.

Exacerbating the problem has been the sizable gap between the U.S. government’s actions to tackle this issue versus the strong-arm tactics employed by the European Commission to advance its overreaching GI policies. The U.S. Trade Representative’s office has accurately recognized the threat that the EU’s GI campaign poses to American producers and exporters. But with the exception of a commitment secured with Mexico under USMCA, USTR hasn’t succeeded in securing commitments from countries to establish concrete protections for common names.

Looking ahead to 2023 and beyond, we know that the EU is not going to stop. Our best chances are to stand up and make it as hard as possible for the EU to claim for their own the names customers have known and used for generations as generic. We will continue to stay vigilant and fight for America’s dairy, meat, wine, and other producers who use common names. Succeeding in the coming decade will require far more help from the U.S. government than we have gotten in the past. We are confident that with the strong support and engagement from our members, though, we can continue to make it as difficult as possible for the EU to confiscate your right to use common terms.

Thank you for your continued support for CCFN. We are proud to represent you and your interests around the world.

Errico Auricchio
CCFN Chairman
President and Founder, BelGioioso Cheese

CCFN Educates Attaches on Common Names

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CCFN jumped at the opportunity to provide crucial education on common food names to the U.S. Department of Agriculture’s Foreign Agricultural Service (FAS) attachés and other Washington, DC staff during the week of July 11th. The United States posts agricultural attachés in over 100 diplomatic facilities around the world – men and women who serve as the front lines for engaging foreign governments on issues impacting U.S. agricultural trade – including how common food names are used and protected around the world.

CCFN’s Shawna Morris outlined the broad and serious implications of the EU’s GI overreach on U.S. farmers, food and beverage processors, foodservice operators and retailers. She outlined a three-step process by which FAS could help preserve fair export opportunities for all including monitoring GIs in each market and sharing those findings with Washington, engaging with relevant government officials to defend market access and maintaining persistence in addressing the issue with foreign governments.

A second session coordinated by the U.S. Dairy Export Council included a trivia contest and cheese tasting, where CCFN staff highlighted several cheeses utilizing common food names that are currently at risk due to the EU’s monopolization efforts, giving attendees a taste of what consumers around the world might lose if the EU were to succeed.

CCFN Calls Out Brazil on Inconsistencies Regarding Prior Users

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When the Brazilian Ministry of Agriculture, Livestock and Supply recently released a list of prior users able to use common food terms recognized as GIs under the Mercosur-European Union Free Trade Agreement, CCFN wasted no time raising serious concerns with the new list. The May 2022 list omits retailers and importers in an excessively narrow interpretation of prior users. This comes in contrast with the original list published in September of 2020.

CCFN immediately requested that the U.S. government engage in direct government-to-government discussions with Brazil to revise this restrictive list to include retailers, importers, shippers and other entities. CCFN believes this revised list, if not challenged, will have wider implications and restrict trade for common name users in the region.

CCFN explained to the U.S. government that the new list repeals the prior user list developed by the Brazilian Government in 2020. CCFN contributed to the inclusion of 39 companies as part of the 2020 final list of prior users including multiple retailers and importers. No explanation has been provided as to why the 2020 list was replaced. In addition, only Brazilian companies and a limited number of Uruguayan and Argentinean companies are on the new list – and all of them producers.

In its appeal to the U.S. Trade Representative’s office, CCFN highlighted this as a clear example of the EU promoting its broader GI monopolization policy. The list is explicitly tied to the Mercosur-EU FTA, an agreement which has not yet been signed, providing no legal basis for enforcement under the local legal framework of the countries affected.

Update on CCFN Trademark Project

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CCFN continues to pursue the registration of multiple trademark logos in several key markets around the world. These trademarks will be used to proactively establish the rights of common name users to retain generic cheese names and are to be used by members and other interested companies once approved in a market. Through the third quarter of 2022 several trademarks were approved for use in markets around the world. Thirteen trademarks have been approved across five markets. Those collaborating with CCFN on the use of these marks, should reach out to CCFN staff for more information.