The wine industry in the United Kingdom has seen incredible growth over the past two decades. In particular, vineyards in the South East of England have emerged as serious players in the production of quality sparkling wines. This has included international recognition at numerous wine awards for UK wine producers.
Intellectual property rights, particularly protected geographical indications (PGIs) and protected designations of origin (PDOs) offer powerful (and as yet, relatively underused) tools for UK wine brands to distinguish themselves in a competitive and globalised marketplace. This article will discuss the advantages of PGIs and PDOs and how producers of wine can leverage them to elevate their wine brands and build on the growing reputation of British wines.
Understanding PGIs and PDOs
At their heart, PGIs and PDOs are a legal designation via which food, drink and other agricultural products that have a connection to a specific geographical area, or that are made using traditional methods, can be registered and protected as intellectual property. The most well known wine brands in the world have used PDOs and PGIs to grow the reputation of their brand and also to prevent third parties from exploiting or misusing the protected name on other products. The most recognisable example of a wine PDO is Champagne which has had a global reputation for centuries, with an exceptional history that has contributed to the success of Champagne sales globally.
PGI/ PDO protection guarantees a product’s characteristics, reputation, authenticity and origin. The geographical connection that has been protected underlines the quality, reputation, or characteristics of the wine that are attributable to the unique environmental factors of the region in which it is produced. A PGI generally indicates that a product originates in a specific area, whereas a PDO involves a stricter set of controls—mandating that every part of the production, processing, and preparation must occur in a designated region.
According to a report from WineGB there were 1,030 vineyards in the UK in 2024 and the total area under vine was 4,209 hectares.[1] This represents a growth rate of 123% in the previous 10 years. DEFRA’s report on agricultural land use in England (as at 1 June 2024) showed that vineyards are the fastest-growing edible agricultural crop sector in England.[2] PGIs and PDOs will therefore be of growing importance to the rapidly expanding wine industry.
Basic requirements to register a PGI/ PDO
To register a PDO for a wine you must produce, process and package it in a specific geographical area. A PDO is recognised for its quality and distinctive characteristics that are exclusively a result of the geographical environment it comes from.
One would also need to show the:
- grapes used to make the wine come exclusively from the area to be associated with it; and
- vine variety comes from the genus vitis vinifera.
Producers can also include a product specification that outlines criteria that must be met in the production of the wine (for example Champagne must be produced using the Champagne method).
To register a PGI for a wine product, at least one or more stages of the wine’s production process (production, processing or packaging) must take place in a specific geographical area. A PGI wine is recognised for its reputation attributed to the local area.
One must also show that:
- The wine is produced in the geographical area
- at least 85% of the grapes used come from the geographical area
- no more than 15% of the grapes may come from outside the geographical area, but must come from the same country
- the vine variety comes from the genus vitis vinifera or a cross between the vitis vinifera species and other species of the genus vitis
As well as being an indicator of quality and origin, PGIs and PDOs protect the name of wines from ‘misuse, imitation or evocation’ such as:
- commercial use of a registered name on a product that does not meet the specification;
- giving the impression the product is genuine;
- giving false or misleading information on the origin, nature or essential qualities of the product - if labelling uses ‘style’, ‘flavour’, ‘as produced in’ or similar descriptions; and
- any other practice that misleads the consumer about the origin of the product.
The UK GI Scheme
The UK GI schemes protect registered product names when they are sold in Great Britain (England, Scotland and Wales). The EU GI schemes protect registered products names when they are sold in Northern Ireland and the EU.
An individual or business does not own a GI. Any producer can make and sell a product under a registered product name if they:
- follow the product’s specification; and
- are authorised to do so.
A GI is different to a trademark. A trademark belongs to the business that registered a product brand for protection.
An example of a UK geographical indication whose reputation has been growing significantly in recent years is Sussex PDO which was successfully registered by Sussex Wine Producers to protect the name of wines produced in the Sussex region. As part of the protection afforded by the PDO, the producers have created a specification that all wine producers must follow if they want to use the name “Sussex” on their products. In doing so, there is a guarantee that the wine produced will be of a certain quality and from the geographical area included in the specification.
Not only does a PDO or PGI give consumers an assurance that the product will be of a certain quality, but as the designation recognises that the region has a specialty product it provides the producers with a means to market their brand. Further, producers are able to prevent third parties from producing products which do not meet the specification or misuse the name.
Conclusion
The registration of a PGI or PDO is a process by which producers can register and protect the name of their wines as an intellectual property right. It is a mechanism by which producers can ensure that products bearing the protected name will be of a certain quality, and produced in a specific geographical area. As well as guaranteeing quality, the protection gives the brand more recognition in the UK and beyond as it signifies quality and regional excellence.
PGIs and PDOs also act as a vital mechanism by which producers can protect the reputation of their product, and prevent third parties from exploiting or misusing the protected name on other products which do not meet the specification. For the rapidly expanding UK wine industry, PDOs and PGIs are a vital resource that can be exploited by producers to further grow and protect their wine brands.