Fonterra Brands (Singapore) Pte. Ltd. v Consorzio del Formaggio Parmigiano Reggiano

Case Significance

Fonterra Brands (Singapore) Pte Ltd v Consorzio del Formaggio Parmigiano Reggiano [2024] SGCA 53 was decided by the Court of Appeal on 22 November 2024, comprising Tay Yong Kwang JCA, Belinda Ang Saw Ean JCA and Judith Prakash SJ, with Judith Prakash SJ delivering the judgment of the court (judgment reserved after hearings on 5 April and 29 July 2024). Civil Appeal No 37 of 2023 arose from Tribunal Appeal No 8 of 2022, under s 32(2)(e) of the Geographical Indications Act 2014 (Act 19 of 2014) and Rule 26 of the Supreme Court of Judicature (Intellectual Property) Rules 2022, concerning a Request for a Qualification to Singapore Geographical Indication Application No. 50201900057U by Fonterra Brands (Singapore) Pte Ltd and the opposition by Consorzio del Formaggio Parmigiano Reggiano.

The appeal concerned Intellectual Property law on geographical indications, specifically the qualification of rights, the burden of proof, and whether "Parmesan" is a translation of "Parmigiano Reggiano". Judith Prakash SJ noted that within Singapore's culinary culture cheese holds a significant place both as a food item and as an ingredient of staple dishes, and that under the Geographical Indications Act 2014 the protection of geographical indications safeguards relevant interests. The appellant was represented by Mirandah Law LLP and Ravindran Associates LLP, the respondent by Bird & Bird ATMD LLP, with independent counsel from the Faculty of Law, Singapore Management University including Gordon Ionwy David Llewelyn.