A Munich producers' association had filed an application to register and thus protect the name "Münchner Weißwurst" (Munich White Sausage) as a "geographical indication" under European Community legal provisions. This would exclusively permit the production of "Münchner Weißwurst" according to the recipe included in the application and the use of the name to businesses located in Munich and the Munich district.
The German Patent and Trademark Office (DPMA) had held in a decision that the term "Münchner Weißwurst" met the requirements for registration. Several competitors and producers' associations filed an appeal against this decision with the Federal Patent Court.
The Federal Patent Court (BPatG) stated that for assessing whether a generic term exists, the objectively ascertainable market conditions, and less the public opinion determined by surveys, were decisive. This follows from recent decisions of the European Court of Justice concerning geographical indications of origin.
Market conditions showed that "Münchner Weißwürste" of the prescribed food-law quality had for decades predominantly originated in terms of quantity from other regions of Bavaria and not from Munich. The product "Münchner Weißwurst," according to the court, is a regional, primarily South Bavarian, but not a specialty exclusively limited to the place of production, Munich, and its district.
File reference of the BPatG: 30 W (pat) 22/06; Source: Press release of the Federal Patent Court of 17.02.2009
Goldberg Rechtsanwälte
Michael Ullrich, LL.M. (Information Law)
Attorney-at-Law and
Specialist Lawyer for Information Technology Law (IT Law)
