Law and Practice
Elgar Intellectual Property Law and Practice series
Chapter 5: PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN FOR SPIRITS IN EUROPE
Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks and Commission Regulation (EEC) No 1014/90 of 24 April 1990 laying down detailed implementing rules on the definition, description and presentation of spirit drinks have proved successful in regulating the spirit drinks sector. However, in order to clarify the rules applicable to the definition, description, presentation and labelling of spirit drinks as well as on the protection of geographical indications of certain spirit drinks, while taking into account traditional production methods, Regulation (EEC) No 1576/89 was repealed and replaced by Regulation (EC) No 110/2008 of 15 January 2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (hereinafter ‘the Spirits Regulation’). This came into effect from 20 May 2008. Recital (4) to Regulation (EC) No 110/2008 explained that to ensure a more systematic approach in the legislation governing spirit drinks, ‘this Regulation should set out clearly defined criteria for the production, description, presentation and labelling of spirit drinks as well as on the protection of geographical indications’.
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