It’s expensive and high in calories, but everyone wants ‘Dubai chocolate’ this season. Even at Cologne’s traditional Christmas Market, one of the largest and most famous in all of Germany, visitors line up for “handmade Dubai chocolate” at the traditional stand of the food trading company Kischmisch, which means “raisin” in the Pashto language. The founder of the business, Nasratullah Kousaki, tells Deutsche Welle that he trades food and delicatessen from central Asia. The most sought after commodity at the moment is ‘Dubai Chocolate’. And this despite the fact that the prices start from 7.5 euros per 100 grams.
The savvy marketer isn’t the only one who capitalizes on the fashion of the day. At many Christmas Markets visitors can try ‘Dubai Hot Chocolate’, ‘Dubai Chocolate Crepes’ and even ‘Dubai Chocolate Waffles’. But really: Can anyone who wants to prepare, serve and sell this sought-after delicacy anywhere, even if they are not in Dubai?
An Arabic invention
As its name reveals, “Dubai Chocolate” was first made in Dubai, the largest city in the United Arab Emirates. The original idea belongs to the chocolatier Sarah Hamuda. As she says on Instagram, she invented the recipe during her second pregnancy to deal with the persistent feeling of hunger, a normal phenomenon during pregnancy. Chocolate couverture, pistachio cream (which also thrives in Iran and other central Asian countries) and crunchy kadaifi leaf are the main ingredients of the “Dubai Chocolate”, which became famous around the world through TikTok.
Is the designation of origin protected?
The general rule is that in food a designation of origin can be legally registered and protected against would-be competitors if certain criteria are met. A classic example is the sparkling wine of Campania (Champagne), which is only sold as “champagne” if it actually comes from that particular historic wine-growing region in northeastern France. Sparkling wine is also produced by many other winegrowers around the world, but it is not allowed to market it under the name “champagne”.
All of these are protected under the “Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications” which legally protects appellations of origin for food and beverages worldwide. However, as lawyer Ridiger Balls explains to Deutsche Welle, legal protection is only guaranteed to the parties to the said contract, which does not include the Emirates.
Of course, there is also the alternative path of a bilateral agreement. “Theoretically, the United Arab Emirates could register the name ‘Dubai chocolate’ within its borders and then submit to the European Commission the request to register this name for all EU member states,” says Riedinger Balls. However, he believes that this effort would hardly be successful. “One of the criteria considered, in order to secure legal protection, is whether the product has certain unique characteristics or ingredients that distinguish it from other products,” he points out. “The name ‘Dubai Chocolate’ alone is probably not enough.”
“Patent” for Germany?
Even linking its name to the manufacturer’s name is not sufficient as a “unique characteristic” of the product. That’s what German YouTuber Kiki Aweimer is attempting, having filed the name “Kiki’s Dubai Chocolate” with the German Patent and Trademark Office. However, it is speculated that this particular chocolate is little different from other “Dubai chocolates”.
Another company that can theoretically request legal registration for the German market and the EU is the chocolate factory Fix Dessert Chocolatier. Deutsche Welle addressed a relevant question to the company, which, however, had not responded by the time this particular report was published. Whatever happens from a legal point of view, one thing is certain: this year, the so-called “Dubai chocolate” will be one of the most popular holiday gifts.
