Geographical Indications Law in Luxembourg
Here’s an overview of Geographical Indications (GI) law in Luxembourg:
🇱🇺 Geographical Indications Law in Luxembourg
1. Legal Framework
Luxembourg is a member of the European Union, so GI protection in Luxembourg is primarily governed by EU law, which applies directly.
The relevant EU regulations include:
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs
Regulation (EU) No 2019/787 on spirit drinks
Regulation (EU) No 1308/2013 for wines
Luxembourg’s national law implements and complements these EU regulations but does not have a separate, standalone GI law.
2. Protection of Geographical Indications
Luxembourg protects GIs for:
Agricultural products
Foodstuffs
Wines and spirits
Protection covers:
Protected Designation of Origin (PDO)
Protected Geographical Indication (PGI)
Traditional Specialty Guaranteed (TSG)
These protections are granted through EU-wide registration and apply automatically in Luxembourg.
3. Registration Process
Applications for GIs are submitted at the European Commission level, often through the relevant authority of the member state.
Once registered, the GI enjoys protection throughout the EU, including Luxembourg.
Luxembourgish producers can apply for national-level recognition for non-EU schemes, but this is rare.
4. Enforcement
GI holders can enforce rights through:
Civil actions in Luxembourg courts against misuse or imitation.
Customs authorities who may block infringing imports/exports.
Misuse of a GI may lead to:
Injunctions
Damages
Fines
5. National Authority
The Luxembourg Ministry of Agriculture, Viticulture and Rural Development handles GI-related matters domestically.
It also supports local producers in GI registration and enforcement.
6. Examples of GIs in Luxembourg
Luxembourgish wines like Moselle wine enjoy protection under EU GI schemes.
Other agricultural products may qualify for PGI or PDO status.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | EU Regulations (1151/2012, 2019/787, 1308/2013) |
| National Law | Implements EU law; no separate GI statute |
| Registration Authority | European Commission (via Member States) |
| Protected Products | Agricultural products, foodstuffs, wines, spirits |
| Protection Types | PDO, PGI, TSG |
| Enforcement | Civil courts, customs authorities |
| National Body | Ministry of Agriculture, Viticulture and Rural Development |
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