black forest ham can, in principle, be required, this is cut in the black forest, and Packed. This should constitute a “necessary and proportionate” in order to safeguard the quality or ensure the origin of the protected product, the European court of justice (ECJ) ruled (Az: C-40/17).
the question of when a black forest ham is really a black forest ham, has been spinning for a good 13 years of a dispute, the Association for the protection of the black forest ham manufacturer. This applied to 2005 at the German Patent – and trademark office, and may be ham sliced black forest in black forest and Packed. However, the did not want to accept some of the ham manufacturers.
After a few instances of dispute, the German Federal patent court landed. But this could not clarify the question of the extent to which certain aspects of quality assurance, a restriction of the Slicing and packing on a production area can be justified. Therefore, the patent judge called upon the ECJ. And this opened to his judgment now, in principle, the way for such requirements.
The Ham is, therefore, now back to the patent judges. You need to decide, taking account of the judgment on Wednesday on whether the ban on the ham outside of the black forest, cutting and packaging, is lawful. When a final judgment will be, is currently unclear.