A Munich producer association had applied to have the name "Münchner Weißwurst" registered and thus protected as a "geographical indication" under European Community law. This would allow the production of "Münchner Weißwurst" according to the recipe applied for and the use of the name exclusively by businesses located in Munich and the district of Munich.
The German Patent and Trade Mark Office (DPMA) had taken the view in a decision that the term "Münchner Weißwurst" met the requirements for registration. Several competitors and producers' associations appealed against this decision to the Federal Patent Court.
The Federal Patent Court (BPatG) stated that the objectively ascertainable market conditions were decisive for assessing whether a generic designation existed, rather than the opinion of the population as determined in surveys. This was apparent from the most recent decisions of the European Court of Justice on geographical indications.
The market conditions showed that for decades "Munich white sausages" of the quality prescribed by food law had been coming in terms of quantity predominantly from other regions of Bavaria and not from Munich. According to the court, the product "Münchner Weißwurst" is a regional, mainly southern Bavarian, but not a speciality limited to the place of production Munich and its district.
Reference number of the BPatG: 30 W (pat) 22/06; Source: Press release of the Federal Patent Court of 17.02.2009
Goldberg Attorneys at Law
Michael Ullrich, LL.M. (Information Law)
Lawyer and
Specialist lawyer for information technology law (IT law)
