Geographical Indicators in the UK After Brexit: An Uncertain Future?

The protection of geographical indications (‘GIs’) within the UK is placed into doubt by the UK’s withdrawal from the European Union (‘Brexit’). The default legal position is that after Brexit, there would be no legal provision for GIs in UK law. This default position can only be changed if the UK and the EU agree the terms of the UK’s withdrawal and then their future relationship. The article considers the implications of the draft withdrawal agreement which, inter alia ensures the continuing reciprocal protection of UK and EU GIs. In July 2019, a new UK Prime Minister took office, and renegotiated the draft withdrawal agreement, which retained the reciprocal protection of GIs. The ratification of this renegotiated withdrawal agreement depends on the result of the December 2019 general election. Under the withdrawal agreement GIs from outside the EU are not protected. Consequently, the article considers how UK GIs will continue to be protected in countries that have concluded a free trade agreement with the EU, by examining the rollover agreements that the UK Government are concluding around the world. Finally, given the intention of the UK Government that, post-Brexit, the UK will conclude free trade agreements with countries that have traditionally been reluctant to recognise GIs, such as the USA and Australia, the article examines the prospects for GI protection to be included in these agreements.