Wines
July 24, 2009
Geographic Indicators
European Union rules governing the production of wine (“the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must”) are considerably longer than Community trade mark law: the main text, the Regulation on the common organization of the market in wine runs to over 46,000 words. To be considered as a “quality wine”, the wine must come from a specified region and be associated with a “geographical indication” or appellation: indeed, the technical term used in the Regulation is quality wine psr, with the “psr” standing for “produced in a specified region”. Wines that do not meet this requirement may only be marketed as table wine.
Protected geographical indication (PGI)
July 24, 2009
Geographic Indicators
The Protected geographical indication is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a description of an agricultural product or a foodstuff,
- which comes from such an area, place or
- which has a specific quality, goodwill or other characteristic property, attributable to its geographical
- whose production, processing or preparation takes place within the determined geographical area
In other words, to receive the PGI status, the entire product must be traditionally and at least partially manufactured (prepared, processed or produced) within the specific region and thus acquire unique properties.
Protected designation of origin (PDO)
July 24, 2009
Geographic Indicators
The Protected designation of origin is the name of an area, a specific place or, in exceptional cases, the name of a country, used as a designation for an agricultural product or a foodstuff,
- which comes from such an area, place or country
- whose quality or properties are significantly or exclusively determined by the geographical environment, including natural and human factors
- whose production, processing and preparation takes place within the determined geographical area.
In other words, to receive the PDO status, the entire product must be traditionally and entirely manufactured (prepared, processed AND produced) within the specific region and thus acquire unique properties.
Protected Indications
July 24, 2009
Geographic Indicators
Protected indications are treated as intellectual property rights by the Customs Regulation 1383/2003 (Regulation concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights), and infringing goods may be seized by customs on import. Within the European Union enforcement measures vary: infringement may be treated as counterfeit, misleading advertising, passing off or even as a question of public health.
