Origin claims are valuable – and strictly assessed. The essential manufacturing steps must take place in the stated country.
Legal framework
- §§ 126–129 MarkenG: protection of geographical indications
- § 5 UWG: misleading claims about origin
- Regulation (EU) 2024/1143: PDO and PGI for food, wine and spirits
- Art. 26 LMIV: origin of the primary ingredient
Case law
- BGH, 27 Nov 2014, I ZR 16/14 – “Made in Germany” requires the decisive manufacturing steps in Germany
- BGH, 16 Jan 2020, I ZR 74/16 – EU origin rules prevail
Case examples
Packaging in Germany only
Knives forged in Asia and only sharpened and packed in Germany are labelled “Made in Germany”. Misleading.
Black Forest ham
Ham smoked outside the protected region is called “Black Forest style”. Possible breach of PGI protection.
