Geographical Indications Law in Faroe Islands (Denmark)
The Faroe Islands, while self-governing, are a part of the Kingdom of Denmark. This means that many legal and intellectual property (IP) frameworks in the Faroe Islands are influenced by or aligned with Danish and EU laws, although with some distinctions due to their autonomous status and non-EU membership.
Here's an overview of Geographical Indications (GIs) law as it applies to the Faroe Islands:
1. Status of the Faroe Islands
The Faroe Islands are not a member of the European Union (EU).
They are also not part of the European Economic Area (EEA).
Therefore, EU regulations on GIs (like PDO/PGI under EU Regulation 1151/2012) do not directly apply to the Faroe Islands.
2. Applicable Law in Denmark
Denmark, as an EU member, enforces the EU GI regime under:
Regulation (EU) No. 1151/2012 on quality schemes for agricultural products and foodstuffs.
Other related regulations on wine, spirits, and aromatised wines.
However, these regulations are not directly binding in the Faroe Islands unless locally implemented.
3. Faroe Islands – Local GI Protection
The Faroe Islands have their own IP office under the Faroese Ministry of Trade and Industry.
As of now, the Faroe Islands do not have a specific standalone Geographical Indications law.
GI protection can potentially be sought under:
Trademark law (e.g., through collective marks or certification marks).
Unfair competition law (if a product is falsely marketed as coming from a specific region).
4. International Instruments
Denmark is a member of the Paris Convention and the Madrid Agreement/Lisbon Agreement (Geneva Act).
The Lisbon Agreement (as amended by the Geneva Act) allows for international registration of GIs and appellations of origin.
However, since the Faroe Islands are not covered under all international treaties ratified by Denmark, you must check whether those treaties are extended to the Faroe Islands.
5. Practical Implications
If you want to protect a Faroese product name like "Føroya Laks" (Faroe Island Salmon) as a GI:
No direct EU GI registration is available due to non-membership.
Domestic protection would need to be based on trademark registration (e.g., as a certification mark).
International protection may be pursued via:
The WIPO Lisbon System, if Denmark has extended it to cover the Faroes.
Trademark applications in relevant export markets.
Summary Table
| Aspect | Faroe Islands Position |
|---|---|
| EU Member | ❌ No |
| EEA Member | ❌ No |
| Own GI Law | ❌ Not specific |
| GI via Trademark | ✅ Yes (likely route) |
| Lisbon Agreement (WIPO) | ✔️ Denmark is a member – check Faroes' applicability |
| EU GI Scheme (PDO/PGI) | ❌ Not applicable |
Recommendation:
For GI protection in the Faroe Islands:
Consider registering a certification mark under Faroese trademark law.
Check with Faroese authorities on extending GI protection under international treaties.
For export purposes, register the name as a GI or trademark in major markets (EU, US, UK, etc.).
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