Getting Article 22(1) TRIPS Right: A Commentary on the Definition of 'Geographical Indication' from a European Union Perspective with a Focus on Wines

被引:1
作者
Zappalaglio, Andrea [1 ]
机构
[1] Univ Sheffield, Sch Law, Sheffield, S Yorkshire, England
关键词
Agreement on Trade-Related Aspects of Intellectual Property Rights; European Union Geographical Indications Law; Geographical Indications; wine; Wine Geographical Indications;
D O I
10.1163/22119000-12340246
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article conducts an in-depth analysis of Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights that provides the definition of `Geographical Indication (GI)', focusing specifically on the field of wine. Particularly, the research analyses: (1) the concept of 'indication'; (2) the words 'quality, reputation or other characteristic' and (3) the adverb 'essentially. Building upon the text of the Agreement; its drafting history and adopting the EU GI regime as a case study, the research concludes that: first, the concept of 'indication, in spite of its literal meaning and historical origin, can be subject to a very broad interpretation; second, wine remains a product characterised by a qualitative link with its area of production, although the importance of the 'reputational link' is growing; and, lastly, that the adverb 'essentially' introduces a margin of flexibility, thus allowing products that are not 'exclusively' related to a specific area to qualify for GI protection nonetheless.
引用
收藏
页码:180 / 217
页数:38
相关论文
共 78 条
  • [1] [Anonymous], 2020, C49019 CJEU
  • [2] [Anonymous], 2012, REG EU NO 1151 2012
  • [3] [Anonymous], 1992, COUNC REG EEC NO 208
  • [4] [Anonymous], 1958, LISBON AGREEMENT PRO
  • [5] [Anonymous], 1883, PARIS CONVENTION PRO
  • [6] [Anonymous], 1925, ACTE HAYE
  • [7] [Anonymous], 2019, LAW UKRAINE NO 123 9
  • [8] [Anonymous], 2008, REGULATION 2081 1992
  • [9] [Anonymous], 2008, REG EC NO 110 2008 E
  • [10] [Anonymous], 2021, C78319 CJEU