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As the EU has expanded its membership, the question of who can use common food and drink names that are traditionally linked with certain geographic areas has become a contentious issue. The formation of the World Trade Organization, in turn, has moved the fight over the use of these names to the global level.

Ham and cheese
The EU Commission has adjudicated numerous disputes over claims for ”geographic indications,“ an intellectual property right that bars anyone from using a particular product name unless that product is actually produced in the geographic area indicated, and by the means traditionally used in the region. Parma ham must come from Parma, Scotch from Scotland, etc. Proponents of these rights claim that the reputation of their "brand" will be endangered if other producers, whose product may not be subject to the same production standards can make use of the name. Opponents say the protection is just a way to limit competition.

The struggles can be long and fierce. The fight over Greece's petition for exclusive rights to the feta cheese name dragged on for over 10 years. Danish and German cheese producers, who were producing their own versions of feta, challenged the claim. The Commission only issued a final decision in Greece's favor in 2005. The addition of Eastern European members to the EU has brought new disputes. Poland's application to register oscypek cheese as a traditional product name has been disputed by the Slovaks, who live right next door and also produce the cheese.

Scotch but not vodka
The EU has also pushed to have ”geographic indications“ recognized under the WTO regime through the creation of an international registry of names that member countries would agree to abide by. They have been most successful with wines and spirits. An agreement signed by 151 countries provides that all countries will allow the holders of GI rights the ability to prevent others from using the name. However, there are still many countries who haven't signed and other countries whose enforcement is less than could be desired. The US, for example, fulfilled its commitment by passing a law that barred the use of terms such as chablis and champagne, but grandfathered in companies that had already trademarked product names that use the terms. But don't bring that fake stuff into the EU. Last year the Belgians destroyed a shipment of André champagne, which made a stop there on its way to Nigeria. (André Champagne sells for as little as $3.99 a bottle. One review said that it "might be OK for a very quick toast if you're serving more than 200 people." You can kind of understand the French worrying about their brand.)

Poland and other Nordic countries caused a major fuss when they tried to get the EU to restrict the use of the word vodka to drinks made with the traditional ingredients of grain or potatoes. England (a major vodka producer) and other countries use sugars. Countries like the US and South Africa, anticipating the EU trying to enforce these restrictions in the WTO, also signaled their opposition. The bid to restrict ingredients lost, although producers who do not use traditional ingredients will have to specify the country of origin on the label.

Parmesan cheese on that Idaho potato?
Attempts to enforce GI rights in food products through the WTO have so far not gone very far. The US government, pressured by companies who have used names like "parmesan cheese" for decades, has generally been an opponent of such protection. The US might want to rethink this stance, though, in light of the growing reputation of such products as Florida oranges, Idaho potatoes and Kentucky bourbon. American wine producers had reason to reconsider their position on GIs when "Napa Valley" wine made in China began appearing.

Right now, the international food fights promise to continue for a long, long time.