Following a multi-year process of engagement by CCFN, the Intellectual Property Office of the Philippines issued final geographical indication regulations, which took effect November 20.

The new regulations establish a GI protection system that:

1. Does not provide automatic GI protection, including for terms identified in a trade agreement, and
2. Lays out a process requiring transparency steps and opposition procedures.

CCFN has participated in filing comments and testifying at hearings throughout multiple rounds of revisions to the regulations, in addition to working with the U.S. government to secure bilateral commitments regarding due process considerations for GIs and common names. Most recently, CCFN wrote to the Philippines in November to underscore finer points of the final regulations that merit consideration as implementation commences. The final set of regulations creates a framework that has various pro-GI elements included in it yet also certain tools for defending the rights of common name users.

The Philippines has a track record of protecting the use of common food names, a practice that benefits both its trading partners and its own domestic food industry. Building upon this, CCFN will continue to engage with Filipino officials to minimize any potential impacts of the new regulations on common name users.

Recent 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.

While 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.

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.