The protection of traditional foods in the EU: Traditional Specialities Guaranteed

The European Union has developed a comprehensive system for protecting traditional and regional food products through various quality schemes. Among these, the Traditional Specialities Guaranteed (TSG) designation represents a unique approach to recognizing traditional production methods and recipes. This Article provides the first comprehensive legal analysis of the TSG system and its role within the broader EU framework for food quality schemes. Unlike Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI), which focus on the link between product characteristics and geographical origin, TSG protection emphasizes traditional production methods or compositions. The Article examines the evolution of the TSG system from its origins to its current form, analyzing how the regime has developed in response to changing policy objectives and market conditions. Through examination of applications for TSG registration, the Article reveals patterns in which types of products seek protection and which member states utilize the system most actively. The analysis demonstrates that TSG has been far less successful than PDO and PGI in terms of registrations and market impact. The Article investigates the reasons for this limited uptake, including: ambiguity in the definition of 'traditional,' procedural complexities, limited market recognition, and competition from other quality schemes. It also examines how the TSG system interacts with other forms of intellectual property protection, including trademarks and collective marks. The Article evaluates whether TSG serves distinct policy objectives that justify its continued existence as a separate scheme or whether its functions could be better served through other legal instruments. It concludes by proposing reforms that could enhance the effectiveness of TSG protection while clarifying its relationship to other quality schemes and intellectual property rights.