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On April 12, 2021, the European Commission announced to haveapproved an important package for Hellim /Halloumi product, which is presently under protection as aprotected designation of origin (PDO) both in the Turkish Republicof Northern Cyprus and in the Republic of Turkey, upon anapplication filed by the Cyprus Turkish Chamber of Industry. Fulltext of the announcement may be retrieved from this link.
First of all, it must be underlined that this article hasbeen written completely independent from the political situation ofCyprus island, and includes an examination within the framework ofthe duality created by the aforementioned protected designation oforigin registration in terms of Intellectual PropertyRights.
The main point of the package is the registration of/Halloumi/Hellimproduct as a protected designation of origin (PDO) upon theapplication of the Greek Cypriot Administration of Southern Cyprusby European Commission, referring to "Cyprus" as thecountry of origin. (As Turkey does not recognizeCyprus as a state, the words used as 'Cyprus' in the textof announcement of the European Commission will hereinafter bereferred to as the 'Greek Cypriot Administration of SouthernCyprus'. Likewise, the references made to the Turkishside in the announcement will hereinafter be referred to as the'Turkish Republic of Northern Cyprus'.) Thegeographical border of the aforesaid protected designation oforigin is stated as both Turkish and Greek Cypriot sides of theIsland of Cyprus. Details regarding this registration may also beretrieved from here.
Furthermore, in order to facilitate producers in the TurkishRepublic of Northern Cyprus to draw full benefits from thisprotection, the European Commission also announced to have adopteda measure allowing the product to cross the Green Line and to beexported to and traded in EU via the Green Line Regulation,provided that halloumi is produced in strict compliance with theEuropean Union (EU) Food Safety Standards. Those who wish tolearn the details may retrieve the EU Regulation no. 866/2004 known andtermed generally as the Green Line Regulation.
The package based on the ground of a mutual agreement reached byand between the leaders of the Turkish Republic of Northern Cyprusand the Greek Cypriot Administration of Southern Cyprus in 2015 maybe basically defined with the following features:
Defining this package as a political and economic success, theEuropean Commission members added that this package will increasetrust between two segments of the island of Cyprus, and that bothsegments will derive economic benefits out of the package, which inturn is said to have facilitated it for the consumers in EU to knowthis product better.
For registration of/Halloumi/Hellimproduct as a protected designation of origin (PDO), an applicationwas filed by the Greek Cypriot Administration of Southern Cyprus tothe European Commission on July 17, 2014.
Following publication, a total of 17 oppositions have been filedagainst said application. List of these oppositions showing alsothe petitioners thereof is as follows: Dairy Australia (Australia);Consortium for Common Food Names (United States of America); UnitedKingdom of Great Britain and Northern Ireland (United Kingdom);St ve Ya rnleri retim ve PazarlamaKooperatifi Ltd. (Dairy and Oil Products Production and MarketingCooperative (Turkish Republic of Northern Cyprus); Animal Producersand Breeders Union (Turkish Republic of Northern Cyprus); FatmaGARANT (Turkish Republic of Northern Cyprus); MilkProducers Union (SUIB) (Turkish Republic of Northern Cyprus);Cyprus Turkish Chamber of Industry (Turkish Republic of NorthernCyprus); Cyprus Turkish Chamber of Commerce (Turkish Republic ofNorthern Cyprus); Navimar Food Gda malat veGda (Turkey); DM Gda Maddeleri Pazarlama Sanayi veTicaret Ltd. ti (Turkey); Avunduk thalat hracatGda ve Zirai Aletler Sanayi Ticaret Ltd. ti. (Turkey);UTCO Trading Company - WLL - (Kuwait); Dairy Companies'Association of New Zealand (DCANZ) and Specialized CheeseProducers' Association of New Zealand (New Zealand); DrNutrition (United Arab Emirates) and FFF Fine Foods Pty Ltd(Australia).
Though it is not possible for us to list and discuss in thisarticle all of the justifications of the aforesaid oppositions, wedeem it useful to share here a few attention-grabbingjustifications of oppositions:
After examining all these justifications of opposition and evenmore, the Commission has concluded that these oppositions do notconstitute an impediment for registration of this protecteddesignation of origin, by also explaining its reasoning thereon. Itis also underlined that it is proven by valid evidence thatHalloumi/Hellim product is not seen only as a type of cheese havingno link or connection with a particular geographical region, andthat the link of this product with the island of Cyprus isincontestably proven by its exporting activities continuing sincemore than 100 years, numerous promotional activities and againnumerous articles.
Accordingly, the Commission clearly pointed out that just likeall other intellectual property rights, the protection ofgeographical indications is also territorial by nature, and that iswhy the registration of this protected designation of origin isvalid only within the borders of the European Union, and thus,probable production or marketing of any cheese namedHalloumi/Hellim in third countries is by no means associated orlinked with this registration. However, it is added that theprovisions of article 14 of the EU Regulation no. 1151/2012 will be applicablefor the trademarks already registered in many EU member states, andthe existence of these trademarks does not prevent the protectionof Halloumi/Hellim product by a protected designation oforigin.
It should also be stated that while the application andoppositions processes were continuing, on one side, on the otherside, intensive negotiations have been conducted by and between theleaders of the Turkish Republic of Northern Cyprus and the GreekCypriot Administration of Southern Cyprus with the intention ofcompleting the process in the best interests of bothadministrations.
The Commission's Implementing Regulation (2021/591) of April12, 2021 containing details regarding application, oppositions,replies to oppositions, and registration of the protecteddesignation of origin of/Halloumi/Hellimcan be retrieved from this link.
On the part of producers of the Turkish Republic of NorthernCyprus, at this point, the leading uncertainties may be outlined asthe methodology of inspections to be conducted bythe international inspection body ("Bureau Veritas"according to the implementing regulation) assigned forcontrols of compliance of Hellim with the registration standards,and the uncertainty of the firm to be appointed for foodsafety controls of Hellim to be traded over the GreenLine.
Besides, there are some other reservations also inrespect of characteristic ingredients of Hellim. Thedocument gives the following definition as regards ingredients ofHalloumi/Hellim product registered as a protected designation oforigin: "Milk (fresh sheep or goat's milk ora mixture thereof, with or without cow's milk added), rennet(but not pig rennet), fresh or dried Cypriot mint leaves (Menthaviridis) and salt. The proportion of sheep or goat's milk orthe mixture thereof must always be greater than the proportion ofcow's milk." As seen, sheep's milk andgoat's milk may either be used separately, or alternatively, ablend of sheep's, goat's and cow's milks may also beused therein. However, given that tastes and aromas of these threetypes of milk are very different from each other, it is also opinedthat it will be better and more useful to determine more clear andnet percentages for these types of milk for the sake of a higherstandardization of Hellim product.
In addition, one of the common reservations of the producers inboth the Turkish Republic of Northern Cyprus and the Greek CypriotAdministration of Southern Cyprus is whether the island of Cypruswill be capable of physically meeting the conditions sought for inthe registration, because one of the most important characteristicsof Halloumi/Hellim product registered as a protected designation oforigin is its being made of sheep's and goat's milksobtained in the designated geographical area (the island of Cyprus)from native races acclimatized to the climate of the islandof Cyprus or from their crossbreds. Considering the totalarea of agricultural fields and the volume of husbandry of theisland, the producers are concerned that the raw materials may notsuffice for the existing and planned exports.
"Hellim/ Halloumi" is indeed a protected designationof origin registered in Turkey under C2008/046 registry number since 10.10.2008 andhas been registered by the Cyprus Turkish Chamber of Industry. Nowand therefore, the most important point we wish to draw yourattention is the fact that the same protected designation of originhas thus been unprecedentedly registered by different persons indifferent geographies, and hence, some liabilities of theregistrant have been relocated with the changing geographies.
First of all, we would like to point out a few law provisions.Within the frame of provisions of second paragraph of Article 49 ofthe Industrial Property Rights Law pertaining to use ofgeographical signs, control shall be carried out by the controlauthority specified in the application and whose competence hasbeen approved by the Office and change of the control authoritystated in the register may be made upon approval of the TurkishPatent and Trademark 9Office. And according to third paragraph ofthe same article, control reports shall be submitted to the Officeonce a year after registration is published in the Bulletin. Inaddition, seventh and eighth paragraphs of Article 45 of theRegulation for Implementation of the Industrial Property Rights Lawprovide for as follows: "Official reports kept during thecontrols are communicated by the control authority to theregistrant. The registrant reviews the official reports submittedas above, and in case of availability of notes in conflict with theregistration details, takes the legal actions andproceedings." "The registrant reports the officialreports regarding the controls delivered to it."
In the light of these explanations on the current law, it willbe useful for us to have a look at the details of registration ofHellim/Halloumi as a protected designation of origin in Turkey uponan application of Cyprus Turkish Chamber of Industry.Hellim/Halloumi, made of milks of sheep, goats and cows fedby native plants of the island of Cyprus, is produced traditionallyall over the island, under control of an Official Authorityappointed by the Ministry of Agriculture within theadministrative borders of provinces of the Turkish Republic ofNorthern Cyprus. Accordingly, the audit authority named in theregistration details is required to conduct audits regardingcompliance with the registration conditions (compliance withthe registration conditions in the country of origin is sufficient,according to article 39/1(b) of the Industrial Property RightsLaw), and then, as one of the conditions of survival of ageographical sign registered in Turkey, the official reportrelating to these controls conducted by the control authority mustalso be submitted by the registrant to the Turkish Patent andTrademark Office every year.
Under these circumstances, some questions come to mind:
These questions may be further increased according to points ofview of individuals from many different segments.
Considering the current political situation in the island ofCyprus, such a rather exceptional case as registration of the sameproduct by different states in different geographies may beconsidered and treated as acceptable. However, we believe and hopethat some confusions facing us at present at the first stage,particularly some uncertainties encountered by producers and somemesses created by double-headed system in the process of managementof Hellim/Halloumi protected designation of origin will be resolvedby some constructive steps to be taken by the relevantadministrative authorities as soon as possible.
It is very important to be able to strongly market and promoteall over the world this product of Hellim as a food productimportant for citizens of both the Republic of Turkey and theTurkish Republic of Northern Cyprus, but it is as well veryimportant to make sure that basic characteristics of the productare maintained for both consumers and producers for the sake ofsustainability of this geographical sign for generations. As aconclusion, it is our sincere wish to witness the continuity ofthis protection process of Hellim/Halloumi product in the mostpeaceful and constructive manner possible.
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Hellim/Halloumi Registered As A Protected Designation Of Origin In The European Union! - Intellectual Property - Turkey - Mondaq News Alerts