Fonterra Wins Case Against Consorzio del Formaggio Parmigiano Reggiano
In a significant judgment, the Singapore Court of Appeal has clarified the nation's stance on the protection of geographical indications under the Geographical Indications Act 2014 (GIA). The judgment was made in the case of Fonterra Brands (Singapore) Pte Ltd v. Consorzio del Formaggio Parmigiano Reggiano [2024] SGCA 53, where the court ruled in favor of Fonterra Brands, a subsidiary of the New Zealand-based cooperative.
The ruling determined that the term 'Parmesan' is not a translation of 'Parmigiano Reggiano,' thus impacting the scope of the geographical indication protection in Singapore. The court's decision emphasized that a translation under the GIA must be a faithful reflection of the geographical indication's essence and understood by the average Singapore consumer. As a result, the term 'Parmesan' was deemed outside the protection scope of 'Parmigiano Reggiano.' This verdict ensures that the protected status of Parmigiano Reggiano does not extend to generic cheese marked as Parmesan.
The dispute arose when Consorzio del Formaggio Parmigiano Reggiano, a voluntary consortium of producers, claimed that 'Parmesan' should be considered a translation of the protected designation 'Parmigiano Reggiano,' registered under European Union law. However, Fonterra Brands argued against this, leading to the court's evaluation of the terms' meanings and consumer perceptions within Singapore.
The court highlighted that consumer perception plays a critical role in defining a translation under the GIA, noting that the average Singaporean may not possess specialized cheese knowledge. Consequently, Fonterra provided substantial evidence, including product packaging and market listings, demonstrating that 'Parmesan' and 'Parmigiano Reggiano' are marketed as distinct products in Singapore.
The decision reflects a balanced approach, protecting the authenticity of geographical indications while fostering fair competition among diverse global products. This ruling underscores Singapore's commitment to ensuring consumer awareness of product origins without stifling competitive markets.
