The Protection of Geographical Indications
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The Protection of Geographical Indications

Law and Practice

  • Elgar Intellectual Property Law and Practice series

Michael Blakeney

Geographical indications, or marks designating a product’s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement.
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Chapter 5: PROTECTION OF GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN FOR SPIRITS IN EUROPE

Michael Blakeney

Extract

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of certain spirit drinks, while taking into account traditional production methods, Regulation (EEC) No 1576/89 was repealed and replaced by Regulation (EC) No 110/2008 of 15 January 2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description,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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