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Could geographical indications (GIs) provide legal protectionbeyond the production process, but also the shape?

In a landmark ruling, the EU Court of Justice (CJEU) ruled infavour of the makers of 'Morbier' cheese, who sued a rivalcompany for producing and marketing a lookalike cheese. The rulingstates that, in certain cases, reproducing the visual appearance ofa product with a protected designation of origin (PDO) is forbiddenas it could mislead consumers.

The court said that even if the name Morbier does not appear onthe rival's product or packaging, its reproduction was liableto mislead the consumer as to the true origin of the product.

For those un-initiated into the world of cheese, Morbier is acreamy French cheese with a seam of dark ash through its middle.Produced in the Jura mountains, Morbier has enjoyed the EU'sprotected designation of origin (PDO) since 2000, with particularreference to the thin grey line through its centre.

The distinctive line came about in the nineteenth century whencheesemakers would put curd from evening production into a roundmould, cover it with edible vegetable ash overnight and then top itup from the morning milking of the cows.

Morbier's battle for its status started in 2013 when theSyndicat interprofessionnel de dfense du fromage Morbier(the Syndicat), brought an action against cheesemakerSocit Fromagre du Livradois SAS for havingcommitted acts of unfair and parasitic competition by producing andmarketing a cheese with the visual appearance of the productprotected by the PDO "Morbier", in order to createconfusion and take advantage of the reputation of the imageassociated with it without having to comply with the specificationsof the designation of origin. The Syndicat requested the cessationof the use of the PDO "Morbier" for products not coveredby the latter or any other practice that could create an erroneousimpression about the origin of the product, and especially any useof a black line separating the cheese into two parts (which is anessential characteristic of the cheese protected by the PDO).

The Syndicat lost the case and a subsequent appeal in 2017, buta referring judge then sought guidance from the Luxembourg-based EUCourt of Justice (CJEU).

On 17 December 2020 the Court of Justice of the European Union(CJEU) issued its decision.

By interpreting Art. 13(1) of Regulation No 1151/2012, the CJEUclarifies two crucial points concerning the protection of GIs inthe EU.

First of all, Article 13(1) of Regulation No 1151/2012does not prohibit solely the use by a third party of theregistered name.

Also, Article 13(1)(d) prohibits the reproduction of theshape or appearance characterizing a productcovered by a registered name where that reproduction may lead theconsumer to believe the product in question is covered by thatregistered name. In those circumstances, it is necessary to assesswhether that reproduction may mislead the European consumer, who isreasonably well informed and reasonably observant and circumspect,taking into account all the relevant factors in the case, includingthe way in which the products in question are presented to thepublic and marketed and the factual context.

The French "Cour de cassation", which had requestedthe CJEU the interpretation of Article 13(1) of Regulation No1151/2012, will now need to decide if the directions given by theCJEU suffice to decide the case (commercialization by the"Socit Fromagre du Livradois SAS""of a cheese product reproducing the visual appearance of thePDO "Morbier") based on the above-mentionedprinciples.

The CJEU considers that Article 13 is not limited to prohibitingthe use of the registered name, but has a broader scope ofprotection, which may include, among other uses, figurative signsthat may generate confusion due to the conceptual proximity.

However, when we are dealing with an element of the appearanceof the protected product, it is necessary to assess whether thatelement constitutes a baseline characteristic which is particularlydistinctive of that product so that its reproduction may, inconjunction with all the relevant factors in the case in point,lead the consumer to believe that the product containing thatreproduction is a product covered by that registered name. To thisend, it is necessary to take into account, on the one hand, theconsumer's perception, on the other hand, the relevant factorsof the case, including the way the product is displayed andpackaged.

Naturally, on the basis of the CJEU decision, it will be up tothe referring body (French Courts) to determine whether thehorizontal black line, along with the elements surrounding the caseand the perception of the average consumer, are sufficient tocreate confusion as to the origin of the protected cheese.

Despite the UK's departure from the EU, all existing UK orEU products registered under EU GI schemes will remain protected inthe UK under the UK GI schemes at minimal inconvenience to theregistered holder(s).

Although the CJEU decision is good news for owners of PDOs andGIs, its relevance before UK Court is uncertain, since CJEUprecedents are no longer binding to UK Court. Still, there is nodoubt they hold some persuasive value.

Marks & Clerk LLP has a dedicated food and drink team whohave a wealth of experience in advising businesses protect theirvaluable intellectual property rights.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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On 31 December 2020 the United Kingdom of Great Britainand Northern Ireland left the EU Single Market and Customs Union,as well as all EU policies and international agreements, ending thefree movement of persons, goods, services and capital between theUK and the EU.

The future relationship between the UK and the EU will begoverned by the EU-UK Withdrawal Agreement and the EU-UK Trade andCooperation Agreement. A summary of the effect of those agreements,and their impact on Irish employers, is set out in thisbriefing.

EU-UK Withdrawal AgreementThe Withdrawal Agreement was agreed on 17 October 2019 andentered into force on 1 February 2020. It includes the Protocol onIreland and Northern Ireland, the substantive provisions of whichapply from 1 January 2021. Amongst other matters it protects therights of EU citizens and UK nationals and safeguards the socialand political stability on the island of Ireland after thewithdrawal process.

EU-UK Trade and Co-operation AgreementThe Trade Agreement was provisionally agreed on 24December 2020. It provides for tariff-free, quota-free trade andfor sectoral cooperation in a number of important areas such asclimate change, social and labour rights and a binding disputesettlement mechanism. The Agreement provisionally applies from 1January 2021, pending approval and ratification in the EuropeanParliament.

Worker mobility has been an area of focus for Irish employers,particularly those with premises located in the UK and Ireland orwho engage frontier workers (workers living in one jurisdiction butworking in another).

Ireland is the only country in the EU to share both a landborder and a joint history of immigration governance with the UK.Given this shared history, a bespoke set of immigrationarrangements applies between the two nations. A summary of theimplications of Brexit for people who were living and working inIreland/the UK before 31 December 2020 is set out below:

Common Travel Area (CTA)Irish and UK citizens can, without having to take furtheraction, continue to freely work, travel and reside in eitherjurisdiction by operation of the CTA. The CTA predates theestablishment of the EU, and the Withdrawal Agreement expresslyrecognises that Ireland and the UK may continue to makearrangements between themselves relating to the movement of personsbetween their territories.

On 8 May 2019, Ireland and the UK entered into a memorandum ofunderstanding that set out the rights pertaining to Irish and UKcitizens in relation to the CTA, including reciprocal rights forIrish and UK citizens to reside and work, among other relatedrights. The Immigration and Social Security Co-Ordination (EUWithdrawal) Act 2020 expressly provides that Irish citizens do notrequire leave to enter or remain in the UK, subject to certainconditions. Further legislative developments may be necessary inthe near to mid-term.

UK Settlement SchemeThe UK's Settlement Scheme remains open for newregistrants provided they have been living in the UK before 31December 2020. While EU citizens can continue to work in Irelandwithout the need for an employment permit, if they reside in the UKand they are eligible to make an application under the UKSettlement Scheme, they should apply for permission to remain viathe UK Settlement Scheme before 30 June 2021.

Applicants may be granted "Settled Status" or"Pre-Settled Status", depending on the amount of timethey have been resident in the UK. Both statuses provideindividuals with rights to live and work in the UK, subject in somecases to conditions. The UK has implemented a points-basedimmigration system that prioritises skills and talent for personswishing to work in the UK who were not resident in the UK by 31December 2020.

Frontier Worker PermitThe UK has provided welcome clarity for non-Irish citizensof certain states who work in the UK while living elsewhere. A newwork permit has been introduced, which permits such individuals tocontinue to work in the UK. Any eligible person wishing to work inthe UK while residing in an EU/EEA Member State (or in Switzerland)will be required to apply for a Frontier Worker Permit from 1 July2021. A passport or national identity card can be used until 30June 2021 - however, eligible persons should ensure that theirapplication is submitted in sufficient time to allow for theprocessing of applications. Eligible persons must satisfy thefollowing criteria: (i) they must be citizens of an EU MemberState, Switzerland, Norway, Iceland or Liechtenstein, (ii) theymust be resident outside of the UK, (iii) they must have worked inthe UK before 31 December 2020 and (iv) they must have worked inthe UK at least once every 12 months since starting work in the UK.Persons who have not worked in the UK by 31 December 2020 will needto apply for a visa.

Short Term Business Trips and TemporarySecondmentsThe Trade Agreement provides that the EU and the UK shallallow (i) the entry and temporary stay of intra-corporatetransferees, (ii) the entry and temporary stay of business visitorsfor establishment purposes without requiring a work permit and(iii) the employment of intra-corporate transferees, without theimposition of quotas. The Trade Agreement also facilitates shortterm business trips by requiring EU countries and the UK to allowentry of short term business visitors (visitors of up to 90 days ineach six month period) without the requirement of a work permit orsimilar testssubject to certain conditions. Helpfully, visa freetravel for short-term non-working visits is also set tocontinue.

The Trade Agreement contains social security coordinationmeasures aimed at protecting the entitlements of EU citizenstemporarily staying in, working in or moving to the UK and of UKnationals temporarily staying in, working in or moving to the EUafter 1 January 2021. A range of benefits are covered includingpension entitlements, healthcare, pre-retirement benefits andmaternity/paternity benefits. Generally speaking, subject toexceptions, a principle of "equal treatment" is providedto those covered by the Social Security Protocol. What this meansin practice remains to be seen, as a myriad of derogations apply.The rules are without prejudice to existing CTA arrangements.

European Works Councils (EWCs) are established in multinationalcompanies to enable the provision of information to andconsultation of employees on the progress of the business and anysignificant decision at European level that may affect employmentor working conditions.

The European Commission clarified that for the purpose of EWClegislation, the UK is a "third country". Consequentlythe UK can no longer be the location of an organisation'srepresentative agent in the EU and UK workers will no longer beincluded in employee threshold calculations for the purpose of EWClegislation. As a result, many companies with EWC arrangements inplace moved the location of their EWC. Those who have not done somay find that an Irish representative agent has been appointed byoperation of law. I n such circumstances, employers shouldfamiliarise themselves with the Irish law governing sucharrangements. The fact that many institutions have made a consciousdecision to relocate their EWC to Ireland may also increasedomestic queries regarding the operation of EWCs.

Most contracts of employment and other employment arrangements(such as secondment arrangements) contain governing law andjurisdiction clauses. Brexit has shone a spotlight on theimportance of such clauses, particularly in the context of frontierworker arrangements (i.e. where a person lives in one jurisdictionbut works in another).

The position on governing law is not significantly affected byBrexit, as the applicable regulations are of universal application- the rules are generally the same regardless of whether thegoverning law chosen is an EU Member State or a "thirdcountry".

However, this is not the case for the rules on which courts havejurisdiction over a dispute - the pre-31 December 2020 regime hasceased to apply to the UK. There are other options available toparties, but as these are largely dependent on the applicablecircumstances and may be subject to further agreement between theEU and UK, enforcement of court judgments in cross-border disputesmay become less straightforward. Legal advice should be taken onthe drafting of jurisdiction clauses and the enforcement ofjudgments involving UK workers and businesses.

The Trade Agreement provides for interim arrangements relatingto the transmission of personal data to the UK. For the duration ofa "specified period", commencing on 1 January 2021,transmission of personal data from the EU to the UK shall not beconsidered as a transfer to a third country under EU law, subjectto certain conditions (i.e. that the UK doesn't change its dataprotection legislation). The specified period will end on theearlier of an adequacy decision being made in relation to the UK bythe European Commission or the expiry of 4 months after thecommencement of the specified period (which can be extended to 6months). Our Technology and Innovation Group's briefingprovides useful guidance: EU-UK Trade and Cooperation Agreement defersapplication of UK's status as a 'third country' underGDPR - Arthur Cox

Employers should ensure that employees who are required to driveas part of their duties are aware that UK driving licences are nolonger recognised in Ireland where the holder lives in Ireland.Licences should be exchanged as soon as possible by following theguidelines set out by the National Driver Licence Service.

The EU Charter of Fundamental Rights, which could previously beused to disapply UK legislation, is no longer part of UK law. Underthe European Union (Withdrawal) Act 2018, EU-derived domesticlegislation (e.g. Working Time legislation, Equality legislation)will generally continue to have effect in the UK, as will theprinciples in any EU case law decided before 31 December 2020(subject to limited exceptions in the European Union (Withdrawal)(Amendment) Act 2020).

The Trade Agreement provides that the UK and EU must not weakenor reduce the level of labour and social levels of protection inplace as at 31 December 2020, in a manner affecting trade orinvestment, including by failure to effectively enforce its law andstandards. Parties are required to have in place and maintainsystems for domestic enforcement of employment rights, including aneffective system of labour inspections and the provision ofeffective remedies, but some commentators have raised concernsregarding the extent to which workers' rights are trulyprotected. It is not clear how in practice an "effect on tradeor investment" will be measured and the definition of"labour and social levels of protection" would appear toleave the door open for regression in certain areas, provided thatthe overall levels of protection are not affected. An enforcementmechanism is in place, whereby a party shall have recourse to apanel of experts who can investigate and report on allegedfailures, and "rebalancing measures" may, within certainconstraints and subject to an arbitration process, be applied inthe event of material impacts on trade and investment. It remainsto be seen how effective this mechanism will be in resolvingdisputes, but for now, wholesale rolling back of employee rightsappears to have been taken off the table by the UK Government dueto negative media reaction.

Separate provisions also apply to working conditionstransporting goods between the UK and the EU. Article 2 of theNorthern Ireland Protocol imposes an additional obligation on theUK to ensure that no diminution of rights, safeguards or equalityof opportunity occurs in Northern Ireland, in particular in thearea of protection against discrimination. Cross border transfersis a common issue that arises, particularly between the UK andIreland. The position remains that separate advice should be taken,as there have always been differences between the application ofthe Acquired Rights Directive/TUPE, particularly in the context ofservice provision. Given that the jurisprudence of the EuropeanCourts drives many developments in this area, the extent to whichthis will be of persuasive authority after Brexit is a key point ofinterest.

The main impact of Brexit will be on employers in the UK, butthere are some developments that Irish employers should be awareof, particularly if they employ persons on a cross-border basis,have operations in both the UK and Ireland or have shared servicesfunctions in the UK and Ireland (such as a shared HR function).

Employers should ensure that:

The authors wish to thank Leah O'Mahony for hercontribution to this article.

This article contains a general summary of developments andis not a complete or definitive statement of the law. Specificlegal advice should be obtained where appropriate.

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See EU Later: The Impact Of Brexit On The Employment Law Landscape - Immigration - European Union - Mondaq News Alerts

BRUSSELS (AFP) - European Union foreign policy chief Josep Borrell remains set on visiting Moscow despite a crackdown on protesters and is seeking to visit jailed Kremlin critic Alexei Navalny, a spokesman said Monday (Feb 1).

Mr Borrell is due to head to the Russian capital on Thursday two days after the start of a court hearing that could see President Vladimir Putin's most prominent domestic opponent handed a hefty prison sentence.

The Spanish diplomat has come under pressure from some EU capitals to scrap the trip to Moscow - the first for Brussels' top envoy since 2017 - for fear it could hand the Kremlin a propaganda coup.

But a EU spokesman insisted that the plans to visit Moscow "still stand".

"The continued widespread detention of and use of force against people who are basically trying to express their political opinions is unacceptable," spokesman Peter Stano said.

"This is one of the issues that needs to be raised with the Russian counterparts and this is one of the issues High Representative Borrell wants to raise."

Mr Stano said that "when it comes to Mr Navalny we are of course in touch with his team to see what would be the possibilities for such a meeting to take place".

But he conceded that it will be up to the Russian authorities to agree to the encounter.

"You don't insist, you try to agree with your counterpart on the programme for the visit," he said.

Baton-wielding security forces across Russia on Sunday detained over 5,000 demonstrators calling for the release of Mr Navalny, who has been in custody since returning from Germany following treatment for a near-fatal poisoning.

Prosecutors on Monday backed a request to imprison Mr Navalny for several years for breaching the conditions of an earlier suspended sentence.

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European Union 'in touch' with Navalny team over envoy meeting - The Straits Times

SAN FRANCISCO, February 2, 2021 Dedrone, the market leader in airspace security, now enables their customers to leverage both U.S. and E.U. government-provided drone remote identification standards, commonly known as Remote ID, to identify drones.

In December 2020, the United States Federal Aviation Administration (U.S. FAA) announced final rules for unmanned aircraft systems, commonly known as drones, including a requirement for Remote ID. Additionally, the European Commission Regulations on UAS, which set the framework for the safe operation and management of drone traffic in the European Union (E.U.), came into effect on December 30, 2020. Once these rules take effect, drone pilots in the U.S. and E.U. will be responsible for complying with drone regulations in their geography, including registering their aircraft and incorporating registration data into the drones Remote ID system.

Using Dedrone, security providers will be able to read Remote ID data through Dedrones intelligent software system to identify the drone operator, operators location, drone type and drone location in real time. Dedrones proprietary database of drone activity, DroneDNA, automatically references Remote ID data as well as identifies any unauthorized or noncompliant drone activity. In the event of an unauthorized drone alert, Dedrone users can respond to the threat and ensure their airspace is protected against the consequences of unwanted drones, from espionage, contraband delivery, or terrorism, while allowing authorized drones to proceed with their normal flight operations.

Dedrones global footprint ensures that its customers will be able to leverage the latest regulations around the world. By actively following FAA developments and also supporting the European Commission through participation in the ASD-STAN working group that defined the technical standard for Remote ID, Dedrone is ready for Remote ID in accordance with both sets of standards. Dedrone is committed to continuous product development and ensuring our product and services are future-proof, shares Dedrone CEO, Aaditya Devarakonda. Regardless of flight regulations, or a drone pilots adherence to them, Dedrone provides security leaders with the assurance that they are seeing all airspace activity, and protecting their operations, assets and information from malicious and unauthorized drone threats.

About DedroneDedrone is the market leader in airspace security. Dedrones counter-drone system is trusted by airports, critical infrastructure sites, governments, military assets, correctional facilities, and enterprises to protect against unauthorized small drones. With flexibility to host in the cloud, or on premise, Dedrones Airspace Security-as-a-Service (ASaaS) combines cutting-edge software with best-in-class sensors and effectors, to provide early warning, classification of, and mitigation against unauthorized drone threats. Dedrone is deployed by hundreds of customers globally. Established in 2014, Dedrone is headquartered in San Francisco, with operations in the Washington, D.C.-area, Columbus, Ohio, London and Germany. For more information about Dedrone and to reach our counter-drone subject matter experts, visitdedrone.com and follow @Dedrone on Twitter andLinkedIn.

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UAS Magazine The Latest News on Unmanned Aerial Systems - Dedrone First to Offer US and European Union Remote ID Option - UAS Magazine

The European Union expects to have received 406.5 million vaccine doses by the end of June, putting Ireland in line to vaccinate roughly half of its population by then according to a new EU delivery schedule, The Irish Times has learnt.

According to the latest figures, the European Commission expects 33 million doses of overall Covid-19 vaccines to be delivered this month, 55 million doses in March, and 300 million between April and June.

In all, 18.5 million doses of vaccines were delivered in January and shared among the 27 member states, 17.6 million of them Pfizer-BioNTech doses and the remainder made by Moderna, according to Commission figures.

All are made available to member states depending on population size, meaning that if Ireland opts to take all of its available doses it would be in line to have received in the region of 4.47 million doses by the end of June, reflecting its population of about 1.1 percent of the overall EU.

The number of people who can be vaccinated by the deliveries depends on how many of the doses are of two-shot vaccines, and how many are of the single-shot vaccine currently under development by Johnson & Johnson.

So far, only Pfizer, Moderna and AstraZeneca have applied for and received authorisation from the European Medicines Agency. Johnson & Johnson has indicated it hopes to be in a position to apply for approval this month.

Previously, the European Commission told member states there would be enough vaccines to inoculate 70 per cent of the adult populations by summer, though the precise date was left unclear and the goal was indicated by some officials to mean by the end of summer.

Overall, the bloc has booked up 2.3 billion doses of vaccines, including 400 million from Johnson & Johnson, 600 million from Pfizer, 400 million from AstraZeneca and 160 million from Moderna.

The new figures, which have been briefed by the Commission in closed-door meetings, follow talks in recent days between the EU executive and pharmaceutical companies that are contracted to deliver vaccines to the bloc.

They include an upward revision of expected deliveries from Pfizer and from British-Swedish multinational AstraZeneca, which raised the number of doses promised by March to 40 million from 31 million after a bitter spat with the bloc last week over a slowed fulfilment schedule.

EU authorities have been alarmed by the emergence of new variants of Covid-19, which has raised the prospect of strains of the virus spreading among the population that vaccines are less effective against.

Work is already ongoing with pharmaceutical companies to boost vaccine production capacity within the bloc and streamline regulatory approval procedures in anticipation that an update or new generation of the vaccines will be needed to combat vaccine-resistant mutations of the virus.

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Ireland in line to vaccinate half its population by end-June, EU data shows - The Irish Times