The implication of the court decision is that the word “parmesan” should be used only for cheese originating from a particular region in Italy.
Intellectual property lawyers interviewed by The Straits Times say that while there is no immediate impact on traders, the implication of the court decision is that the word “parmesan” should be used only for cheese originating from the particular region in Italy.
The name is legally protected in the European Union and can be used only for cheese produced in Parma, Reggio Emilia, Modena, Bologna to the left of the river Reno, and Mantua to the right of the river Po. In September 2019, Fonterra filed a request with the Intellectual Property Office of Singapore to clarify that the legal protection does not extend to the term “parmesan”.In March 2020, the consortium filed an opposition to Fonterra’s request, contending that “parmesan” was a translation of “Parmigiano Reggiano” and therefore should be protected.
The company, represented by Jon Chan, argued that consumer perception must be considered in determining the translation of a GI, and showed the array of “parmesan” cheese products available in the market.In a judgment issued on March 31, Justice Dedar Singh Gill said consumer perception is relevant to whether a GI has become a generic term, but Fonterra did not put forward the case that “parmesan” has become the generic name for “Parmigiano Reggiano”.
A Fonterra spokesman told The Straits Times that it has applied for permission to appeal against the decision. Gilbert Leong, head of Dentons Rodyk’s intellectual property and technology practice, said the use of the word “parmesan” to describe cheese would be an infringement of the GI if the goods were in fact not produced in the specified region.
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