Must "Black Forest ham" be sliced in the Black Forest?

The Federal Patent Court (Bundespatentgericht) had to decide whether manufacturers may label their sausage products "Black Forest ham" if they produce the ham in the Black Forest, but it is sliced and packaged at a different geographical location.

The protective association of Black Forest ham manufacturers had applied to amend the existing conditions for the use of the protected geographical indication "Black Forest ham". The protective association requested that ham may only be labelled and marketed as "Black Forest ham" if it has been sliced and packaged in the Black Forest.

Three companies filed oppositions against this application, including a larger meat processing company that produces ham in the Black Forest but centrally slices and packages it, along with other sausage products, in northern Germany.

The German Patent and Trade Mark Office (DPMA) rejected the protective association's application, as such a restriction on the marketing conditions for Black Forest ham was not sufficiently justified. The protective association subsequently brought an action before the Federal Patent Court (Bundespatentgericht) against this decision.

Decision of the court
The Federal Patent Court (Bundespatentgericht) decided by Judgment of 13.10.2011 (Az. 30 W (pat) 33/09) – press release in favour of the protective association and thereby overturned the decision of the DPMA.

The 30th Senate of the Federal Patent Court (Bundespatentgericht), which is responsible for the protection of geographical indications, takes the view that the authenticity of sliced and packaged Black Forest ham can only be sufficiently guaranteed if the aforementioned processing steps are carried out in the Black Forest and can be monitored on-site.

Conclusion

Before labelling goods with geographical origin indications, their lawfulness must be examined most carefully. In future, the labelling of ham as "Black Forest ham" will already be unlawful and thus also anticompetitive if it has not been sliced and packaged in the Black Forest. Incorrect labelling may then trigger cease-and-desist letters from competitors and entail costly legal proceedings.