Battle over sweet traditions: the protection of Ovos Moles de Aveiro

In the picturesque region of Aveiro, Portugal, where tradition is as rich as the history that surrounds it, a legal battle has been brewing over one of the country’s most cherished delicacies: Ovos Moles de Aveiro.

This sweet treat, known for its delicate shell and rich egg yolk filling, has long been a symbol of the region, with European Union protected geographical indication (PGI) status. But in recent years, this protection was put to the test in a case that has sparked debate over the limits of geographical indications and the protection of traditional products.

The controversy began when the Associação de Produtores de Ovos Moles de Aveiro (APOMA), a group dedicated to preserving the authenticity of this regional sweet, filed a lawsuit against Calé – Indústria e Comércio, and a local producer identified as AA.

The association accused the defendants of infringing on the PGI by producing and selling sweets named ‘Sardinhas de Peniche’ and ‘Carapaus Doces da Nazaré’, which APOMA argued bore a striking resemblance to Ovos Moles de Aveiro.

Local identity

According to APOMA, these sweets not only imitated the unique shape and presentation of Ovos Moles but posed a threat to the integrity of the PGI designation. The association demanded the immediate cessation of the production, sale, and advertisement of these products, along with the removal of existing stocks from the market.

It also sought compensation for damages, arguing that the defendants were unjustly enriching themselves by capitalising on the reputation of Ovos Moles de Aveiro.

On the other side, Calé—Indústria e Comércio defended its creations, claiming that the ‘Sardinhas de Peniche’ and ‘Carapaus Doces da Nazaré’ were not imitations but rather innovative products inspired by local traditions. It argued that its sweets were distinct in both flavour and appearance, differing significantly from Ovos Moles de Aveiro, and therefore did not infringe on the PGI protection.

The defendants also highlighted that their products were region-specific, representing the culinary heritage of Peniche and Nazaré, two coastal towns with their own rich traditions. The ‘Sardinhas Doces de Peniche’ and ‘Carapaus Doces da Nazaré’ were designed to evoke the image of these fish, key elements of the local identity, and were sold in packaging that clearly identified their origin.

The case raised fundamental questions: should a PGI extend to the visual elements of a product, or is it confined strictly to the name and specific geographical origin? Could the creation of new products that draw inspiration from traditional ones be considered an infringement, or should such creativity be encouraged as a way to keep culinary traditions alive?

These were the issues that the Portuguese courts had to grapple with as the case made its way through the judicial system. The lower courts sided with the defendants, ruling that the visual similarities alone were not sufficient to prove that the PGI had been infringed.

They found that the ‘Sardinhas de Peniche’ and ‘Carapaus Doces da Nazaré’ were distinct enough in their presentation and did not confuse consumers into thinking they were purchasing Ovos Moles de Aveiro.
 

The Supreme Court’s verdict

Unwilling to accept the lower courts’ rulings, APOMA appealed to the Portuguese Supreme Court. However, the Supreme Court upheld the previous decisions, delivering a clear message on the scope of PGI protection.

The court concluded that while the PGI does protect the name and reputation of Ovos Moles de Aveiro, it does not extend to every possible visual or thematic element associated with the product. The court emphasised that the defendants’ products were sufficiently distinct in both their regional identity and their market presentation.

The Supreme Court also noted that the products in question were not likely to cause confusion among consumers. The packaging, marketing, and overall presentation of ‘Sardinhas de Peniche’ and ‘Carapaus Doces da Nazaré’ were tailored to their respective regions, making it clear that these sweets were not trying to pass themselves off as Ovos Moles de Aveiro.

For producers like Cale—Indústria e Comércio, the decision is a victory for creativity and regional diversity. It allows for the continued development of products that celebrate local traditions while maintaining clear distinctions from those already protected by PGIs. For APOMA and other defenders of traditional products, the ruling serves as a reminder of the importance of the scope of protection sought under PGI status.

This ruling could influence how other regions approach the protection of their products, particularly when it comes to balancing tradition with innovation. It underscores the need for clear guidelines and definitions within PGI designations to avoid future conflicts and ensure that both tradition and creativity can coexist in the marketplace.

The Ovos Moles de Aveiro case is more than just a legal battle over sweets; it is a reflection of the broader struggle to preserve cultural heritage while embracing the new. As regional products gain prominence in the global market, cases like this one will likely become more common, challenging courts to find the delicate balance between protection and innovation.

This is a co-published article, which was originally published in the World Intellectual Property Review (WIPR).