Pounds of Flesh, the Merchants of Parma & Ham-Lets: a Review of The Parma Ham Litigation Across Canada and the U.K

Abstract

On April 18th 1963, twenty-three (23) producers of Prosciutto di Parma ("Parma Ham") from the town of Parma, Italy entered into a voluntary Consortium -- the Consorzio del Prosciutto di Parma (the "Consorzio") - "with the objectives of safeguarding the genuine product and the image represented by the name 'Parma'." Indeed, as early as 100 B.C., Cato the "Censor" noted the extraordinary flavour of the air-cured ham produced in the vicinity of the town of Parma (the legs of pork were left to dry, greased with a little oil and invariably could age without spoiling).

The production of Parma Ham and protection of the denomination of origin were first regulated in Italian law by Law No. 506 of 4 July 1970. By ministerial order of 3 July 1978, the Consorzio was entrusted with the task of supervising the production and marketing of Parma Ham pursuant to Article 7 of Law No. 506. Law No. 26 of 13 February 1990 consolidated in Italian law the rules which are now in force. Ministerial Decree No. 253 of 15 February 1993 and a ministerial decree of 12 April 1994 empowered the Consorzio to monitor and supervise observance of the provisions concerning the production and processing of Parma ham.

Pursuant to the requirements, directions and procedures set forth in both Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ('Regulation No. 2081/92'), and Commission Regulation (EC) No. 1107/96 ("Regulation No. 1107/96") on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation No. 2081/92, Parma Ham was registered as a protected designation of origin ("PDO") on June 12th, 1996.

Indeed, the Canadian jurisprudence surrounding Parma Ham may be found in Consorzio del Prosciutto di Parma v. Maple Leaf Meats Inc. and remains principally directed at the registration of the word "Parma" as a trade-mark by Parma Foods Products Ltd. in 1971 (Maple Leaf Foods Inc. ("Maple Leaf Foods")) remains the current assignee of the mark), whereas the British teachings on the matter which can be found in Consorzio Del Prosciutto Di Parma v. Asda Stores Ltd. (including the reference by their Lordships to the Honourable European Court of Justice ("ECJ"), and the interim Opinion of the ECJ's Honourable Advocate General) deal primarily with the manner in which Parma Ham may be sliced and sold to consumers pursuant to and in accordance with Italian Regulations, and their transposition into U.K. law. So while not entirely disparate in its aim, this paper seeks to consider the Consorzio's struggles in protecting its PDO within the U.K., and likewise as a larger Geographical Indication (GI) in Canada. Indeed, as two sides of the same coin, intellectual property (IP) rights as GIs (of which PDOs form a sub-set) represent collective proprietary interests shared among various manufacturers or producers owing to the unique qualities and/or characteristics of a particular region. And owing to this rather sui generis aspect of an IP right effectively and inextricably being tied to a place, region or locality, there remain certain fundamental, underlying international (or multi-national) obligations and considerations which ought come to bear. So although the primary stock of material shall be drawn from the rulings and decisions themselves, their construal shall always be had in light of 'larger' international considerations.

Keywords: georgraphical indications, GI, GIs, trademarks, trade, marks, european union, EU, parma, ham, UK, intellectual, property, intellectual property