Geographical Indications Law in Poland
Here’s a detailed overview of Geographical Indications (GI) law in Poland:
🇵🇱 Geographical Indications Law in Poland
1. Legal Framework
Poland, as a member of the European Union (EU), protects Geographical Indications primarily through EU law, which is directly applicable in all member states including Poland. The key legal instruments are:
Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs
Regulation (EU) No 1308/2013 for wine sector products
Regulation (EU) No 110/2008 (and its successor Regulation (EU) 2019/787) for spirit drinks
Additionally, Poland implements these rules through its national legislation consistent with EU law.
2. Types of Protection
Protected Designation of Origin (PDO) — Chroniona Nazwa Pochodzenia (CHNP)
Protected Geographical Indication (PGI) — Chronione Oznaczenie Geograficzne (ChOG)
Traditional Speciality Guaranteed (TSG) — Tradycyjna Specjalność Gwarantowana
3. National Authorities
Minister of Agriculture and Rural Development — oversees national policy on GIs.
Inspectorate of Agricultural and Food Quality — enforces standards and compliance.
European Commission — responsible for registering and maintaining GIs at the EU level.
4. Registration Process
Producers or producer groups submit GI applications to the Ministry of Agriculture and Rural Development.
After national scrutiny, applications are forwarded to the European Commission.
The Commission publishes applications in the Official Journal of the European Union for opposition.
Upon successful completion, GIs are registered and protected EU-wide, including Poland.
5. Enforcement
Protection prohibits unauthorized use, imitation, or evocation of registered GIs.
Enforcement occurs through Polish courts and administrative authorities.
Penalties include fines, injunctions, and confiscation of infringing products.
6. Examples of Polish GIs
Oscypek (smoked cheese from the Tatra Mountains) — PDO
Kujawski honey — PGI
Kielce apples — PGI
Summary Table
Aspect | Details |
---|---|
Governing Law | EU Regulations (1151/2012, 1308/2013, 110/2008) and Polish law |
National Authorities | Ministry of Agriculture, Inspectorate of Agricultural and Food Quality |
Types of Protection | PDO (CHNP), PGI (ChOG), TSG |
Registration Process | National application → EU Commission → Publication → Registration |
Enforcement | Polish courts and administrative bodies |
Examples | Oscypek (PDO), Kujawski honey (PGI), Kielce apples (PGI) |
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