Does PARMESAN, as a cheese description, translate to mean PARMIGIANO REGGIANO?
The New Zealand dairy giant, Fonterra, was recently successful in the Singapore Court of Appeal in challenging an earlier ruling that Parmesan was a clear translation of Parmigiano Reggiano - a geographical indication (GI).
This dispute goes back to when the Italian-backed Consorzio del Formaggio Parmigiano Reggiano (Consorzio) registered a GI in Singapore in 2019 for cheese originating from a specific part of the province of Emilia Romagna, which contains cities like Bologna, Parma & Modena - best known as the “Gastronomic Capital” of Italy.
At the same time, Fonterra applied to qualify that the term “Parmesan” was not a translation of Parmigiano Reggiano. The latter was a region in Italy where that particular cheese was produced, while the name “Parmesan” could be made anywhere and was not made to the same strict regulations as Parmigiano Reggiano.
Singapore’s Trade Marks Registrar and the High Court, however, sided with the Consorzio, saying that Parmesan was a translation of the Italian GI.
The case was taken to Singapore’s Court of Appeal where Senior Judge Judith Prakash ruled it was satisfied Parmesan was not a translation of Parmigiano Reggiano.
She said that while English language dictionaries remained a helpful starting point for ascertaining the ordinary meaning of words, it must be borne in mind that words do not exist in a vacuum, and how a particular word is used, and the meaning which it bears over time may vary depending on the particular context and local conditions in which the word is used.
She agreed with Fonterra’s evidence that it had been customary for many years in Singapore to refer to a “hard, dry, easy to grate cheese with a sharp, slightly sweet, salty flavour” as Parmesan cheese.
Costs of S$100,000 were awarded to Fonterra.
This case indicates that terms like “balsamic vinegar” would be unlikely to fall foul of a GI like “Aceto Balsamico di Modena”. Many other examples spring to mind.
Thanks to Riley Kennedy of Businessdesk (riley@businessdesk.co.nz) for his initial article on this case.